Railway car park - no cost for blue badge but PCN issued

Umkomaas

highlydefined wrote: »

Thanks. Appeals sent, now we wait.

Well that was some research undertaken - all done and dusted in a few minutes!

Obviously missed the 'If you're going to appeal, leave it as late as possible to time out the 6 months'. Far too hasty.

Coupon-mad

Also send a formal complaint about this discriminatory and burdensome change of policy, to Transport Focus, stating that Indigo are now fleecing disabled people with penalties for not doing something that often fails to work.

Point out clearly that this jumped up 'breach of contract' penalty has nothing at all to do with any 'breach of Byelaw 14' as no money is to be paid and this is simply an obstacle for disabled people that restricts their ease of access to the facility and causes distress, harassment and huge loss if victims or clueless idiots are scared enough to pay it, due to the nasty & misleading threats of magistrates court that follow.

Clearly no TOC will be prosecuting disabled drivers because there is no breach of byelaw 14 and this new term is unworkable, discriminatory and unfair.

Point out it would be like expecting disabled people to fill in a form before sitting in a train seat designated as a priority seat for disabled travellers, and then fining them if no forms were available that day...

Send the same complaint to the EHRC and see if they offer advice about this discrimination and harassment.

highlydefined

Umkomaas wrote: »

Well that was some research undertaken - all done and dusted in a few minutes!

Obviously missed the 'If you're going to appeal, leave it as late as possible to time out the 6 months'. Far too hasty.

Well, i figured they were sent 21st/31st Dec, time was ticking!

Fruitcake

highlydefined wrote: »

Well, i figured they were sent 21st/31st Dec, time was ticking!

… and could have been allowed to tick even further to get nearer to the magic six months. Certainly this is true for the second PCN.

highlydefined

Here's an email I received yesterday:

Good Morning, Thank you for your recent email, which we recognise as an internet template. Please be advised that this refers to a penalty notice and not a parking charge notice. This matter relates to a Penalty Notice issued under Railway Byelaws. An offence was committed by breaching Railway Byelaw 14 and therefore a Penalty Notice was issued against this vehicle. The owner of the vehicle is held liable for all Penalty Notices issued on Railway assets in all circumstances, as such we have no cause of action against the driver or hirer of the vehicle. Photographic evidence can be found online at www .ipaymypcn. net which are time and date stamped to support the contravention. As no valid payment was made for your vehicle to be parked in this location, a penalty notice has been issued. We shall place the account on hold for 7 days to make payment on 01932 918916. Thank you, Jaime

What's next do you think?

twhitehousescat

and 01932 918916

http://www.zzps.co.uk/

nosferatu1001

WEll you keep asking questions, to tick over

THey declare an offence was committed, yet only a court can decide this
Then
They decalre the owner IS liable, but the actual byelaws states "May". Please explain why you are misleading a consumer.

And so on.

Coupon-mad

What's next do you think?

Do the Transport Focus complaint I wrote out for you. Far more likely to get some joy with that if you spell out the discrimination aspect of charging disabled people when there is no breach of any bylaw and parking is free.

Also complain online to the EHRC, again using the words I gave you, which explains why this unworkable system breaches the Equality Act.

You could also reply to Jaime:

Dear Jaime,

Good Morning, Thank you for your recent email, which I recognise as an Indigo template.

Please be advised that no offence was committed by breaching Railway Byelaw 14 and therefore your Penalty Notice was issued in breach of the Equality Act 2010.

Thankyou very much for confirming that:

''we have no cause of action against the driver or hirer of the vehicle.''

You have no cause of action anyway, but since you have admitted the above in writing, I now declare that I was the driver, and not the owner. I am a Blue Badge holder and parking at that site is free. No payment was due for this vehicle to be parked in this location with a Blue Badge on display.

However, I have made a formal complaint this week to Transport Focus and the EHRC about disability discrimination, by virtue of your unwarranted harassment in imposing a restrictive, obstructive and unworkable system upon Blue Badge holders.

You are effectively trying to fine disabled people on the days when the Connect mobile phone app fails to load, for the heinous crime of 'not paying' the fictitious sum that they are not required to pay in the first place.

Guess what? That breaches the Equality Act and Indigo/PCN Admin Centre are liable for this discrimination. I suggest you now seek legal advice - how about asking QDR, I hear they are a firm of Solicitors?

I attach a copy of my Blue Badge. Kindly note your contact is already causing significant distress and I reserve the right to take legal action against Indigo by way of damages.

I would like to draw your attention to a landmark 2017 judgment at the Leeds County Court, 3SP00071 - Blamires v LGO. This was a claim for damages including a matter of a breach of the DPA and the Equality Act, for which an award of £2,500 was granted as compensation for distress. As is now relatively well known, in Vidal Hall & ors v Google [2015] EWCA Civ 311, it was held that to restrict compensation to actual loss was contrary to the provisions of the Charter of Fundamental Rights of the European Union and that, accordingly, there was a right under the DPA to claim compensation for 'pure' distress.

Blamires also included a four figure claim for discrimination, in terms of the sum sought in compensation for distress and harassment under the EA. The anxiety and distress was compounded by the disability discrimination aspects and failures of the service provider from the outset, and is on all fours with your conduct in this respect.

The award in Blamires was of 'Vidal Hall' compensation and the Judge awarded a further £2,500 aggravated damages because of the manner in which the Defendant conducted its case, including the fact that, notwithstanding knowing that its conduct/data was wrong and discriminatory, it took nearly two years for the Defendant to admit the mistake.

In this case, you have misused my data for a few weeks thus far, so I will not sue your company if you to cancel this charge immediately - for the avoidance of doubt, by 14th February at the latest. I have no 'account' with you and will not be phoning you, as I have a life and am not that stupid.

You should prepare to explain your discriminatory conduct to the EHRC and Transport Focus for their respective investigations.

yours faithfully

your name

Fruitcake

highlydefined wrote: »

Here's an email I received yesterday:

Good Morning, Thank you for your recent email, which we recognise as an internet template. Please be advised that this refers to a penalty notice and not a parking charge notice. This matter relates to a Penalty Notice issued under Railway Byelaws. An offence was committed by breaching Railway Byelaw 14 and therefore a Penalty Notice was issued against this vehicle. The owner of the vehicle is held liable for all Penalty Notices issued on Railway assets in all circumstances, as such we have no cause of action against the driver or hirer of the vehicle. Photographic evidence can be found online at www .ipaymypcn. net which are time and date stamped to support the contravention. As no valid payment was made for your vehicle to be parked in this location, a penalty notice has been issued. We shall place the account on hold for 7 days to make payment on 01932 918916. Thank you, Jaime

What's next do you think?

You still have two choices. Ignore or keep asking questions.

If you want to do the latter then challenge them on the Byelaws aspect. Ask which one applies. Ask what offence has been allegedly committed.
Once you have confirmed that the signs say no payment is required for disabled motorists, ask how not paying the zero amount required can result in a byelaw infringement.
Ask how you can make a valid payment of zero. Will they take a cheque for zero pounds and zero pence. Will they accept a credit card payment of zero. Ask how to make a Connect app payment of zero monetary value.

You get the idea.

Did you take your own images of the signs?

Have you complained to your MP yet?

waamo

Next is lots of scary letters telling half truths. You can either string it out by asking questions for 6 months or ignore it.