Disabled Badge Not Displayed in Retail Centre Car Park

superthrift

Sorry, I looked at the Newbies thread but couldn't find anything that was relevant to our situation and the UKPC Parking Charge Notice that was put on our car today. Any guidance would be much appreciated.
We live in Scotland and I have had a Disabled Blue Badge for a number of years. Today, my first day out since mid-March as I am in the 'sheltering' category due to immunosuppressant drugs to treat my RA, we decided to drive to a local Retail Park for some groceries. We parked in a Disabled Bay and displayed my badge. On returning to the car we found a UKPC Parking Notice. We noticed that my Blue Badge was no longer on display - it had fallen to the floor and was out of sight!
Should we return to the M&S that we visited to show them the Parking Charge Notice and my Blue Badge? I suspect they wouldn't be very sympathetic as we should have double-checked that the Blue Badge was secure and showing.
Is it worth appealing or should we just pay up and learn our lesson?

KeithP

superthrift said:

Sorry, I looked at the Newbies thread but couldn't find anything that was relevant to our situation...

Did you read this in the NEWBIES thread?...

Redx

Complain to the retailer of managing agent or landowner as plan A tells you

No blabbing about who was driving , use the word WE to them

No Keeper liability in Scotland yet so ensure the driver is not divulged , an occupant of the vehicle is covered by the EA 2010 irrespective of the blue badge , so ensure that law is used as the correct argument , not the circumstances

Coupon-mad

Should we return to the M&S that we visited to show them the Parking Charge Notice and my Blue Badge?

Yes.  They have to assist you because the Equality Act requires them to make reasonable adjustments.

Fruitcake

How do you know that some person or persons unknown didn't rock the car with malice aforethought to make the badge fall off?

Yes of course you should complain.

No you should not appeal. 

The sticky thread for NEWBIES that asks you to read it before posting tells you this. Note that the advice not to appeal only applies to vehicle keepers who live in Scotland or NI.

superthrift

Phoned M&S hoping to speak to a Manager about the PCN and to ask what proof should be taken to the shop to assist with getting the ticket cancelled. Didn't get further than the recorded message which stated that all M&S owned car parks are free and if a PCN is received then it is from a third party and M&S cannot assist. Presume they must be getting a lot of call on this subject!

Not sure what is meant by 'Equality Act requires them to make reasonable adjustments'. Who is 'them' - is it M&S in this case? 

We read that it is wrong is that in private car parks, parking companies include terms and conditions requiring you to display a Blue Badge as a contractual term for using a disabled bay as they have a duty of reasonable adjustment to disabled persons but we don't know what this actually means and how to force M&S to interact with us. Should we mention Disability Discrimination under the Equality Act?

.

nosferatu1001

TYes, of course it is M&S. It is an M&S car park, they are the ones who msut comply with the law
Reasonable adjustments means exactly that - for exactly if someone who does not fall under the EA2010 is allowed 90 minutes to shop, a reaosnable adjustment could be 2 hours for someone who does fall under this, as they will knowor should know that many people who fall under EA2010 require more time to do a task. 
You force M&S by writing to their CEO 
Copying in their legal department
ASking them what Reasonable Adjustments they have made in... car park. 
The reason the BB requirement is unfair is that the BB eligibiiltiy is narrower ie fewer people qualify than the EA2010 rules. 

superthrift

Thanks for that. We will try writing to the CEO. However, we don't want to risk having to pay £100 instead of the £60.  Obviously we would rather pay nothing or this will have turned into a very expensive shop!
Surely we will be told it was our fault for not double-checking that the Blue Badge was on display?

Umkomaas

superthrift said:

Phoned M&S hoping to speak to a Manager about the PCN and to ask what proof should be taken to the shop to assist with getting the ticket cancelled. Didn't get further than the recorded message which stated that all M&S owned car parks are free and if a PCN is received then it is from a third party and M&S cannot assist. Presume they must be getting a lot of call on this subject!

Not sure what is meant by 'Equality Act requires them to make reasonable adjustments'. Who is 'them' - is it M&S in this case? 

We read that it is wrong is that in private car parks, parking companies include terms and conditions requiring you to display a Blue Badge as a contractual term for using a disabled bay as they have a duty of reasonable adjustment to disabled persons but we don't know what this actually means and how to force M&S to interact with us. Should we mention Disability Discrimination under the Equality Act?

.

I wouldn't get overly concerned about this. As you are in Scotland you can safely ignore the PCN. Just make sure you do not reveal the driver's identity - and the way to ensure that, is never to contact the PPC (or any agent, like a debt collector, who might subsequently write to you). 

nosferatu1001

Who says youre going t o EVER pay!
You have read that there is no keeper liability in Scotland. Meaning as long as the driver isnt revealed, the parking company hasnt got a hope in hell. 
As already pointed out to you requiring a BB on private land means they are guilty of discrimination already. 

Fruitcake

superthrift said:

Thanks for that. We will try writing to the CEO. However, we don't want to risk having to pay £100 instead of the £60.  Obviously we would rather pay nothing or this will have turned into a very expensive shop!
Surely we will be told it was our fault for not double-checking that the Blue Badge was on display?

As long as the driver is never identified, you will not have to pay anything, ever.
It has already been explained to you that ONLY a driver can currently be held liable for a private PCN in Scotland.
The Keeper cannot be held liable because there is no law (yet) that allows it.
That law is coming to a country near you because Scottish MPs sold Scottish motorists down the sewer by including it in the new Transport Bill (Scotland), but the mandatory process that needs to make it function has not yet been written, and it is extremely unlikely that it will be made to act retrospectively.

Do not blab about the driver's identity under any circumstances. Never say I parked or I drove.
When The Keeper complains, in writing, to the store manager and/or the CEO, use the royal we, or only refer to yourself as The Keeper. A 'phone call is not worth the paper upon which it is writ.