Disabled Parking at Station SABA

Coupon-mad

By law are required to inform you that Ombudsman Services (weblink) provides an alternative resolution service that would be competent to deal with your appeal. However, the BPA has chosen not to participate in their alternative dispute resolution service'.

Unbelievable!

No, that's normal and by law they are required to say that.

I can't believe someone paid this x 3 before researching the scam.

This is disability discrimination. I would sue the TOC for allowing this to happen:

My disabled brother aged 65 received 3 parking tickets from a station car park run by SABA /Indigo in February and March 2019. He had had his disabled parking badge displayed on all three occasions, but had not noticed there were new regulations requiring registerng and phoning up when parking: he wasn't expecitng any changes, they are small, above his eye level (he has a stoop) and he doesn't have a smartphone to download the app.

Because he is disabled, elderly, has some learning & memory issues and was alarmed by the threat of having to pay even more, he paid all three fines to a value of £185.85 and then handwrote an appeal.

Do you fancy giving this a go? Suing the TOC?

I would be happy to help you write a LBC for him and then a claim, to sue the TOC for his money back and a bit more for distress. I'm not legally qualified but know my stuff about this, and about the Equality Act from a previous job.

twhitehousescat

CM , was it the TOC , indigo or zzps that sent the threatening letter ?

Coupon-mad

It wasn't the TOC but the TOC are who to sue, as they will want it sorted.

twhitehousescat

now we know non of them would like CCJ s on file , but the TOC are not going to get contracts or funding are they ?

the others may at some point regret it** , especially zzps

** saba is not a UK company (as such)

Coupon-mad

The TOC are the people to target as they are liable for their agent's conduct and will absolutely not want a disability discrimination case hanging over them.

I reckon they would settle it and will not want a hearing over it. Costs the victim £35 or something (in fact the victim might even qualify for free court fees - the OP needs to Google 'help with court fees' and see the income levels for full fee remission!).

NOTHING to lose.

Nolongerconfused

Yes, I think I am going to take it up with the landowner, Southern Rail, especially as they have now given me a reference number. The more I look into this, the more convinced I am that this is a disability / vulnerable person issue and reasonable adjustments have not been made for those with basic phones, no online presence, or physical and mental issues. It is just not possible for my brother to use the newly set up system at the station with the phone he has. I have tried to do it today, via smartphone text and online, and I couldn't do it either, so what chance has he got? Many thanks for your input.

Nolongerconfused

Yes, I am going to complain first. But if that doesn't work I would be very grateful for some assistance in taking them to court, especially as their website rather gives the impression that they are dedicated to helping the disabled and elderly. They apparently 'take it very seriously'!
Many, many thanks for all the help and advice. I will post any outcomes here in due course, though I suspect there is a long road ahead.

The_Deep

Have you contacted your brother's MP.

On 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Coupon-mad

Nolongerconfused wrote: »

Yes, I am going to complain first. But if that doesn't work I would be very grateful for some assistance in taking them to court, especially as their website rather gives the impression that they are dedicated to helping the disabled and elderly.

They apparently 'take it very seriously'!
Many, many thanks for all the help and advice. I will post any outcomes here in due course, though I suspect there is a long road ahead.

We will be happy to help you write a LBC, which we hope will make them settle.

If not, we are also happy to help you get him to sue Southern Rail for this loss and distress, as they remain liable.

Fruitcake

Nolongerconfused wrote: »

Yes, I am going to complain first. But if that doesn't work I would be very grateful for some assistance in taking them to court, especially as their website rather gives the impression that they are dedicated to helping the disabled and elderly. They apparently 'take it very seriously'!
Many, many thanks for all the help and advice. I will post any outcomes here in due course, though I suspect there is a long road ahead.

I would suggest in your complaint that you warn them that if the monies your brother paid is not refunded then you will be starting a court claim against them for discrimination.

Definitely contact your MP about this disgraceful treatment of a vulnerable adult.