Advice re blue badge owner

[Deleted User]

Half_way wrote: »

If you need extra time due to a disability, then your first point of call should be with the landowner.
hence it is important to know who this is, what type of car park it is and so on, as mentioned above.

Hi thanks for your message.

Can you explain why I'd need to contact the landowner in this instance please?

The_Deep

Have you 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/

Have they complied? If not and it gets to court a judge may take a dim view

[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 after the election, as 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]
.

[Deleted User]

I've dug out the ticket I bought and would like some help understanding the below please as I find it quite confusing.

Ticket was bought at 17:55 for an hour, costing 70p. The ticket says it expired at 18:00

The signage says 70p an hour from 08:00 til 18:00, then £2 flat rate from 18:00 til 08:00.

My question is whether the expiry is correct? In my opinion it should have expired at 18:55. It doesn't seem fair or reasonable if you're paying 70p for 5 minutes, then have to come back and put £2 in? Unless I'm reading it wrong?

Thanks.

Redx

Is a good question for a judge

As for contacting the landowner , they should have given permission or have a contract flowing from themselves through to the PPC , they have responsibility for themselves and contractors under the EA2010

They should have the power to cancel the PCN

They may be appalled at the actions of their PPC

Not complaining perpetuates the sc@m

The_Deep

I think that a judge and TMOTCO would agree that your ticket expired atn 18.55 but it would depend on what the sign says. If it says that 5 minutes from 17.55 18.00 costs 70p then this may well be an unfair term in a consumer contract under CRA 2015. I would write to Trading Standards, read this,

https://en.wikipedia.org/wiki/Contra_proferentem.

[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 after the election, as 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 there is doubt, this applies.

[Deleted User]

Hello again,

I have a query based on what I just noticed about my "parking charge":

The letter says period of parking 17:51, yet the ticket I bought says 17:55. Is this fair?

They don't appear to give a second to buy ticket and stick in the window?!?

Redx

The Cop gives guidance on grace periods , post #2 on page 1 gave you that answer

Fairness only applies in court

4 to 10 minutes grace before purchasing a ticket is typical

There was a court ruling about when the parking period starts , possibly NCP ? , It starts when the button is pressed to get the ticket

Welcome to OUR world

nosferatu1001

Indeed, NCp
The contract starts in P&D when the ticket is bought. not before, at some unknown time on the perimeer
Its also a lie. Moving in frontof a camera is not, under ANY stretch of the term, "parking". its just their contemptible attmept to try to meet their POFA obligations.

[Deleted User]

The_Deep wrote: »

Have you read this?

Have they complied? If not and it gets to court a judge may take a dim view

[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 after the election, as 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.


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

Hello, thanks for your message, I have contacted trading standards, thanks to your help and advice. The message I wrote to them is below. Would you or any other knowledgeable people be able to give it a once over please?

Dear Sir/Madam,

I have received a "parking charge" from Premier Parking Solutions Ltd, PD Box 471, Newton Abbot, TQ12 9FX, for parking at Keaton Rd Car Park, Ivybridge, PL21 9DH

I believe their "parking charge" constitutes an unfair term in a consumer contract under CRA 2015.

As a blue badge owner, I also feel I have been the victim of indirect discrimination under the Equality Act 2010.

This is because the period of parking under the "parking charge" starts at 17:51, yet my purchased ticket starts at 17:55. The ticket "expired" at 18:00, yet I paid 70p to park for an hour. I believe this constitutes "contra proferentem", i.e. that the t&cs were ambiguous, perhaps deliberately so, in order to disadvantage me.

Also, under the Equality Act 2010, I am entitled to "reasonable adjustments" and to not make reasonable adjustments constitutes an act of indirect discrimination. The period of parking expired, according to the "parking charge" at 19:07. Given that I paid for an hour at 17:55, the grace period of 12 minutes is not sufficient to allow me to get my parking ticket, get back to the car and exit the carpark. Nor is it sufficient to allow me to return to the car.

Premier Parking Solutions are a member of the IPC (Independent Parking Committee) and their own guidance says only that "drivers should be allowed a sufficient amount of time to park and leave the site". It does not give an amount of time.

Also, given that the "parking charge" was from the moment I entered the carpark to the moment I left, I do not believe they have given any "grace period" at all under the IPC's own terms and conditions, and clearly this was not extended for a disabled person, who has a right to reasonable adjustments under the Equality Act 2010.

[Deleted User]

Redx wrote: »

The Cop gives guidance on grace periods , post #2 on page 1 gave you that answer

Fairness only applies in court

4 to 10 minutes grace before purchasing a ticket is typical

There was a court ruling about when the parking period starts , possibly NCP ? , It starts when the button is pressed to get the ticket

Welcome to OUR world

Would that also be 4 - 10 minutes after "session expired" too?

I am a total of 12 minutes over the "session time". Is this fair and reasonable for a disabled person, or even an able bodied person?

Also who is "the cop" please? I can't see any post on this thread by anyone by this username? Thanks.