Blue Badge in Private Car Park

Siversea

I parked in a Britannia car park in Birmingham in heavy traffic so I couldnt read all the signs from my car. I am a Blue Badge Holder and was waiting in common area, to park in a disabled space, thinking that would be free parking. After allegedly 39 minutes I had not left my car and left the car park as no disabled spaces free . Received PCN which have appealed to POPLA and lost due " grace period considerations and I am expected to read all the notices". Should I further Appeal citing my rights under Equality Act 2010 or not ?
I could not leave my car to read all the notices due disability.

Redx

You cannot appeal further

You can and should complain to the landowner citing the EA 2010 and frustration of contract due to no free spaces for you and your vehicle

If they issue a court claim , you can defend yourself plus think about a counter claim under the EA 2010

A complaint to your MP should have been made at the time , so get them involved too

Siversea

I am now being bullied with wildly escalating fine plus Court Action now. I am totally stressed with this and have researched the Equality Act and the Data Protection Act.

Now received Letter of Claim from BW Legal which I have replied to requesting Subject Access Request - SAR - and to Britannia. Will wait for replies but wondering if you can advise with this.

Redx

yes email a SAR to Britannia with proof of I D

they may well issue court papers from the CCBC in Northampton, in which case come back to this thread for advice on defending the court claim

also dcecide if you are going to counter claim for discrimination under the EA2010, like a person recently did over on pepipoo forums

http://forums.pepipoo.com/index.php?showtopic=132797

fisherjim

Please follow the excellent advice on here, but remember for future reference parking is rarely free for blue badge holders in a private car park.


Blue badges are only of legal significance on a highway or authority car park, in a private car park they are just a convenience for the parking companies employees checks.

The_Deep

Firstly, read this

https://forums.moneysavingexpert.com/discussion/6070729/blue-badge-in-private-car-park

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

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

If this goes to court you should definitely consider counter-claiming for disability discrimination against both the PPC and the landowner.

Fruitcake

Do complain to the landowner and your MP about this unregulated scam. Do mention the EA 2010.
Do read the case on pepipoo as linked by Redx.

Whilst the blue badge scheme does not apply on private land, the EA certainly does.

You could also contact local and national press if you wish.

You can get a good idea about the landowner's identity by asking the council who pays the non-domestic business rates at the car park.
For a definitive answer you can pay the Land Registry a few quid for a registry entry/map.

You could also ask the council planning department if planning permission was granted for ANPR scameras if used, and if Advertising Consent has been granted for signs.
Not having the latter is a criminal offence.

Come back to this thread if you need further help.

Siversea

Thanks for all the replies. I have contacted Equality Advisory and Support Service unlike my Conservative MP who isn't interested. Been given ref. number for further assistance. Had bad experience contacting Disabled Motoring UK - a waste of time.
Am following advise from other different cases and links. Very helpful.

MistyZ

Siversea wrote: »

Thanks for all the replies. I have contacted Equality Advisory and Support Service unlike my Conservative MP who isn't interested. Been given ref. number for further assistance. Had bad experience contacting Disabled Motoring UK - a waste of time.
Am following advise from other different cases and links. Very helpful.

Great stuff. Landowner complaint? A lot of folk seem to think it's not worth it, but it so can be!

Umkomaas

Had bad experience contacting Disabled Motoring UK - a waste of time.

If you look at a good number of parking company websites you will see the DMUK logo lined up with other logos designed to make the PPCs' websites look 'honourable'. There's a strong possibility that PPCs sporting the logo make some donations to DMUK.

It doesn't take a genius to see which way DMUK lean!

The_Deep

A counter-claim against the PPC and the landowner for disability discrimination is often the best way to fight these tickets imo.

I am surprised that your MP is not interested. Sir Greg Knight's bill received enthusiastic support from all Hon Members IIRC.