Expired Disabled Badge - Threat for court proceedings

muzammil786

Hi MSE community

I would like to request your help on this.

The blue badge was about to expire when my wife applied for the renewal. She got the approval letter from the council but it took another three weeks for the renewed badge to arrive. Between the time she got the letter and received the new badge, she got UKPC parking charge in a shopping mall for displaying the expired badge.

We followed the advice on this forum and wait for 26 days to file the appeal. Meanwhile, we got the NTK but went ahead with the appeal anyway without disclosing details of the driver. We explained the situation and attached the copy of the approval letter and scan of the renewed blue badge. After near a month, we received this letter:

Thank you for your recent correspondence in relation to the above parking charge. 
To assist us in making the decision regarding your appeal, please confirm the full name and address of the driver to our Appeals Department within seven days of the date of this letter. 
...
Failure to provide this information will give us no alternative other than to make our final decision based on the previous information received. At this stage a POPLA code will be provided. 

The parking charge has been on hold whilst under appeal and may be settled in full at the reduced rate of £60.00. 

UKPC takes motorists to court who ignore their parking charges.

Clearly they did not accept our justification. Why they need the details of the driver is not understandable unless they still like to press the charge.

My question is: Should I ignore this letter and wait for the POPLA code, or should I go back to them? If I do contact, what should be my point of argument?

Thanks in advance for your comments and advice.

Redx

ignore and wait for a popla code

no blabbing about who was driving , they are phishing

complain to the landowner because the BB holder is clearly protected by the EA2010 , SO COMPLAIN STRONGLY AND GET THEM TO GET IT CANCELLED

a person who qualifies for a BB and a renewal of a BB doesnt suddenly become fit whilst awaiting the renewed badge

complain to your MP as well about discrimination because the EA2010 expects reasonable adjustments to be made and a BB isnt valid on private property anyway , but the EA2010 is valid and is what covers your good lady

Umkomaas

We followed the advice on this forum and wait for 26 days to file the appeal. Meanwhile, we got the NTK but went ahead with the appeal anyway without disclosing details of the driver.

How long after the parking event did they issue the NtK?

Why they need the details of the driver is not understandable unless they still like to press the charge.

Because it takes away the need to meet all the requirements of the Protection of Freedoms Act 2012 (Schedule 4) to hold the RK liable. Standard UKPC modus op - the phishing letter.

My question is: Should I ignore this letter and wait for the POPLA code, or should I go back to them? If I do contact, what should be my point of argument?

Yep, await the formal rejection and POPLA code. No need to contact them as they are unlikely to even read what you plead (unless what you say suits them), and without us knowing your intimate knowledge of this world of private parking, we advise against any further contact in case you blow your own toes off in the process of attempting to get this cancelled - it won't be, unless the landowner, POPLA or a Judge tells UKPC to cancel.

Coupon-mad

Why do we keep getting threads about this silly thing from UKPC that's clearly ignorable and easily searched for, if a poster is unsure? No need for a thread about this daft first reply from UKPC that happens every time.

Any UKPC thread already answers this.

muzammil786

Thanks Redx for your suggestions. We tried to contact the landowner but failed. There is no office in the mall and they don't pick up the phone for the number they mentioned on their website. The website just says that the property is managed by Edinburgh Housing Estate and address in London. There is no contact number for them either. The only other contact number they have is for marketing and media enquiries. However, we have emailed them and waiting for their response.

Thanks Umkomaas. We received the NTK just after third week of the incident.
Yes, we shall look for POPLA code now without revealing any details to them.

Thanks Coupon-mad. We did searched for existing posts but there are very few related to the expired disabled badge. The prominent one I recall is the one who did not receive NTK at all and the charge was cancelled by POPLA. We did however followed the advice of waiting for 26 days but received the NTK anyway.

You are doing amazing job for the community and I understand the frustration when you have answered so many times and we keep coming back for your advice. Sorry!

Redx

Although the badge may be expired the owner of the badge did not suddenly and miraculously recover , hence why those bags are for people protected by the EA2010 , nothing to do with the badge , which is why you found nothing

If you read the blue booklet , it does mention that the blue badge has no validity on private property

Concentrate on the EA 2010 , not the badge

This all counts as de minimis , once the PPC has learned the details they should make reasonable adjustments and cancel the PCN , which is probably how a judge would see it

This has zero to do with who was driving the vehicle , the BB owner is covered no matter who was driving the vehicle , so do not tell them who was driving , keep this simple and learn the facts

The_Deep

Read this

https://www.citizensadvice.org.uk/law-and-courts/discrimination/what-are-the-different-types-of-discrimination/duty-to-make-reasonable-adjustments-for-disabled-people/

Your wife is a disabled person and they must make reasonable adjustments. By failing to cancel this PCN they might struggle in court to convince a judge that they had done so.

IMO, such behaviour is unreasonable and entitles you to punitive damages under CPR27.14(2)(g). You might also consider a counter clain for disability discrimination.

Nine times out of ten of these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

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

muzammil786

Finally got the response from the landowner/management:

I am pleased to tell you that the centre has cancelled the parking charge notice as a gesture of goodwill on this occasion. Please be mindful that if your badge runs out and is delayed for any reason to contact the centre before you arrive so we can place your vehicle on a temporary exemption list.

Thank you everyone for help and guidance.

Umkomaas

Please be mindful that if your badge runs out and is delayed for any reason to contact the centre before you arrive so we can place your vehicle on a temporary exemption list.

Ask them why you can't be placed on a permanent exemption list (aka 'white list') if you can be placed on a temporary one. Would save you, the PPC, and the landowner/management a whole rack of trouble!

Half_way

Dear landowner, thank you for cancelling the parking charge notice issued by your agents, UKPC.
I trust that you are aware of the Equality act, and that ot everyone with a disability ( where they require the reasonable adjustment of disabled parking provision) will possess a blue badge ( in date/expired or whatever)
I sincerly hope that you can instruct your agents of this fact, and i look forward tohearing form you on your progress on this matter