UKPC Ltd McDonald’s Blue Badge Holder

Rock7

Good morning, as keeper I received a parking charge from UKPC for an overstay at a McDonald’s restaurant. Allowed stay was 90 minutes. The duration of stay in the car Park was a little over two hours. I spoke to the manager at the restaurant as soon as the charge arrived. They told me they could not do anything to help but in future if they are made aware that a customer is disabled and may need more time they can register the registration number as a day visitor, which is great but doesn’t help right now and that information is nowhere at the site. An occupant of the car is a blue badge holder and the car was parked in a marked disabled bay. As keeper I appealed this informing them of the blue badge and sent pictures also. I quoted the equality act and suggested extra time was a reasonable adjustment which should be afforded to a disabled person so as not to discriminate.

The appeal was denied and they say the charge was correctly issued ‘because there are sufficient signs at McDonalds... advising that a maximum stay of 90 minutes applies’

The initial appeal may have indicated who was driving An appeal will be made to POPLA referencing grace periods and the equality act but time is running out so if anyone has any advice or suggestions they would be greatly appreciated. I have spent all morning reading through this forum and think I have a starting place re grace periods but to be honest it’s made my head hurt

Coupon-mad

Did you actually choose 'driver' in the drop down menu then?

They told me they could not do anything to help but in future if they are made aware that a customer is disabled and may need more time they can register the registration number as a day visitor, which is great but doesn’t help right now and that information is nowhere at the site. An occupant of the car is a blue badge holder and the car was parked in a marked disabled bay. As keeper I appealed this informing them of the blue badge and sent pictures also. I quoted the equality act and suggested extra time was a reasonable adjustment which should be afforded to a disabled person so as not to discriminate.

You need to complain again to MacDonalds and insist that they have a legal duty to register you as a day visitor after the event as a reasonable adjustment, as they 'know or should have known (now) that you are indeed disabled and needed longer to go about daily life.

Do that first, and email MacDonalds Head Office saying the same thing, and copy in your MP and male your complaint clear it's about disability discrimination. Offering the same max stay time to disabled people as able-bodied people, is NOT 'equality' and in fact, it is discrimination:

https://www.wake-smith.co.uk/news/council-car-park-case-settled-a-victory-for-blue-badge-holders/

That test case was settled before court but relates just as much to private car parking.

Your POPLA code will last for 32 DAYS - NOT 28 (no replying otherwise, please spare us, don't tell us that's wrong, it's not). I do POPLA appeals on day 31, usually.

So do not rush POPLA yet, push the complaint out to your MP and the MacD's Head Office and make it clear they've failed to extend a reasonable adjustment to you that would cost them nothing.

The_Deep

Read about the "reasonable adjustments" that service providers are required by law to make for people with "protected characteristics" under the EA 2010.

https://www.gov.uk/guidance/equality-act-2010-guidance

IMO, cancelling the PCN would be such a reasonable adjustment.

UKPC are fraudsters, read this

https://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Rock7

Thank you both for your replies. Very helpful. I did contact head office already via the website and was politely told ‘tough luck’ but I will write to them again, maybe by letter this time. I will also put a complaint in writing to the McDonalds restaurant and copy to my MP.

Can I just ask then their response to my appeal which gives the POPLA code is dated 31 January 2019 so when would you say the POPLA appeal must be made by as the letter says the 28 days, just so I know how long I have to be able to compose my appeal.

Thanks again.

Rock7

Did you actually choose 'driver' in the drop down menu then?

I appealed in writing. This is what I said:


To whom it may concern

Re: Parking Charge Reference Number: ??????????

I write as the registered keeper in reference to the above PCN and inform you that I do not accept this parking charge.

I am the registered keeper and I hold a valid blue disabled parking badge. I can confirm that on the day in question I parked fully within a marked disabled parking bay and had my blue badge on show with the clock set to the correct time of arrival. I have an above knee amputation of my right leg, sacroiliac dysfunction, chronic back pain, lymphoedema in my left arm, arthritis in both hands to name but a few of my disabilities/illnesses. I have included a copy of my valid badge and I refer you to Section 16 of the BPA Code of Practice:

16 Disabled motorists 16.1 The Equality Act 2010 says that providers of services to the public must make ‘reasonable adjustments’ to remove barriers which may discriminate against disabled people. 16.2 ‘Reasonable adjustments’ to prevent discrimination are likely to include larger ‘disabled’ parking spaces near to the entrance or amenities for disabled people whose mobility is impaired. It also could include lowered payment machines and other ways to pay if payment is required: for example, paying by phone. You and your staff also need to realise that some disabled people may take a long time to get to the payment machine. 16.3 Operators of off-street car parks do not have to recognise the Blue Badge scheme. But many choose to do so to meet their obligations under the Equality Act. Although a Blue Badge is not issued to all disabled people it is issued to those with mobility problems. So it is a good way for parking operators to identify people who need special parking provision. 16.4 You are at risk of a claim under the Equality Act if you do not discourage abuse of the ‘disabled’ spaces.This means that you need to make sure the spaces are regularly checked to be sure they are not being used by people who do not have a disability.

I believe it is a reasonable adjustment that would suggest a disabled person may take a longer time to complete certain activities than taken by a fully able bodied person. On the day in question the restaurant was particularly busy and not only was it necessary to wait to be able to take a seat it also took a long time to be served. At no time did I leave the restaurant or the site.

It is also important to note that all parking is free at McDonalds Newton Aycliffe so there has been no loss to UKPC.

I ask that you now set aside this claim for monies and remove my details from your system as you do not have permission to keep or share these. I will not enter in to any further correspondence with your company and I am prepared to defend my position in a court of law if necessary. I now consider this matter closed.

Yours faithfully

Coupon-mad

when would you say the POPLA appeal must be made by as the letter says the 28 days,

I told you, day 31, or 32 at the latest. And I begged:

Your POPLA code will last for 32 DAYS - NOT 28 (no replying otherwise, please spare us, don't tell us that's wrong, it's not).

So we really do not want to hear what the letter said about 28 days, please. No more!

Don't send a letter to anyone - FAR too slow.

Email and cite the wording I mentioned above, your rights to a reasonable adjustment, push it, and include your MP in the email as a cc that MacDonalds can see (and mention the MP in the complaint, too). You want to put more pressure on MacDs.

Rock7

I wasn’t trying to argue about the 28 days I was trying to work out which date would be best to send it. As in is the date of the letter counted as day 1? Or the next day is day 1?

Coupon-mad

The POPLA code gives you the date it was generated as day 1:

https://www.parkingcowboys.co.uk/popla-code-checker/

KeithP

I am the registered keeper and I hold a valid blue disabled parking badge. I can confirm that on the day in question I parked...

That's disappointing.

Rock7

Keith P I know!

Rock7

Following the advice given on here I emailed McDonald’s customer services again and got them to give me the direct email for the restaurant concerned. I then emailed using the wording and advice above and copied my MP in. I got the response I had initially from the Customer Services Team, literally word for word. I replied telling them it wasn’t good enough and that I wanted somebody to reply to me directly rather than cut and paste. I then received this from the actual restaurant:

Good morning,

In regards to the ongoing situation I would just like to inform you that we have consulted with the third party company and concluded that between us that this fine has been removed. We apologise for any stress this may have caused. As mentioned by the previous manager that you have spoken with next time you visit the restaurant please approach a manager and we will happily add your vehicle to the system as a day visitor.

My question now is should I still submit an appeal to POPLA before the time runs out as I’ve not had confirmation from UKPC? Or will this email be enough to call this closed.

Thanks again.