NCP fine, C2C railway land. No appeal afforded me other than court.

Umkomaas

Coupon-mad said:

I also think its wrong to have to register your car to park. They want the badge number and registration.
My badge doesnt belong to the car but to me. I can use it in any car i travel in. What happens if the same badge number registers more than 1 car?! 

You are right, it is wrong to try to register a Blue Badge against a single car.  As you say, you can use your Badge in any car.  TPS are horrific and are misusing your data by getting it from the DVLA.  The problem is that ANPR cameras breach the Equality Act 2010 by failing to offer disabled people more time because the camera can't tell that you qualify for more free parking time (or more time for the same tariff).  

@Coupon-mad - it's NCP on the rampage here; the OP was, in passing, referring to TPS in the context of a friend having their charges dropped by them on their further examination of their photos and the production of a copy of the blue badge. 

Most unTito-like!

Dizzyflop

Yes quite. Maybe they have a way with parking companies, or maybe its that particular site. TPS both times at the same site, no issues getting it resolved. They even put her car down on the register so if it happened again it wouldnt flag. Presumably id renewed the badge in between times. 

Dizzyflop

New draft. 
 Dear.... 

On the 2nd August 2020, my car was parked in the grounds of C2C's cark park at

Thorpe Bay Train Station, 

Station Road, 

Thorpe Bay, 

Essex 

SS1 3JY. 

I have since had a Parking Charge Notice issued by NCP that manage the car park on C2C'S behalf. 

It is well known that Private Parking Companies have in the past been wholly unregulated and are scamming the public with inflated claims for minor breaches of alleged contracts pertaining to alleged parking offences. 

The Parking code of Practice Act passed into law in 2019 and the framework is currently being finalised to hopefully crack down on unscrupulous companies such as these.

The PCN that NCP have issued to me is further proof of the nature of such companies as it is not compliant with the Protection of Freedoms Act 2012, and relies soley on ANPR cameras as its evidence which have been prohibited on Local Authority and Council car parks by the Government due to being not fit for purpose. 

Furthermore, 

As a disabled blue badge holder, who wanted to make enquiries into the services on site, I visited the Thorpe Bay train station website in advance to check what the parking tariffs and terms were. It states clearly that disabled parking is free. No other terms or conditions are visible on the page, including any that categorically state blue badges AND the vehicle must be registered with C2C in advance of parking.

[Insert URL]

On site there was a distinct lack of clear, legible signage, let alone any that was clear and readable that stated these terms differed from the website, and no signage at all that was legible from within the car regarding parking and the requirement to register my blue badge in advance. 

There is a general principle currently enforced under the Unfair Terms in Consumer Contacting Regulations 1999, that draws on a suggestion made by Lord Denning in J Spurling Ltd Vs Bradshaw (1956) and paraphrased as thus-

The more obscure or unusual a clause is, the more attention should be drawn to it. Some clauses could  only be valid in law if written in red ink with a red hand pointing to them. 

 Private Parking Company signs have been found on multiple occasions in court to be inadequate in this regard such as Parking eye vs Beavis (2015) yet the scam continues, and NCP signs are some of the worst i have encountered. 

It is therefore entirely reasonable for a disabled motorist to check beforehand, arrive, display their blue badge, and walk away without checking other signs.

In order to register for disabled parking, which in itself is onerous (and questionable under the Data protection Act????), your own Company C2C have stated that registration has to happen before parking. 

With no mention of this on the Train station parking website, C2C and NCP are therefore requiring a disabled motorist to own a smart phone, download an app or have internet access at all times in order to register for parking that able bodied motorists are not required to do. This is most likely a breach of the Equalities Act of 2010.

In fact as the terms and conditions (on further inspection with a magnifying glass) state that parking for under 30 minutes is free for all patrons, and my car was only between the cameras at entrance and exit for 31minutes 55 seconds, I do have to question how the car could ever have been parked for over 30 minutes and therefore why I have been issued with a PCN at all. 

This PCN charge of £100, further inflated to £160 with a spurious, abuse of process "debt collectors fee" of £60 which is not recoverable under POFA 2012, nor with reference again to Parking eye Vs Beavis (2015), or S71(2) of the Consumer Rights Act 2015, is effectively the punishment of a disabled person for not "registering" their Blue badge when they had no idea they had to. 

A Parking charge cannot be levied purely to punish as was ruled in the Supreme Court judgement of Parkingeye vs Beavis (2015). There has to be a compelling legitimate interest over and above any loss.

Breaching the Equality Act 2010 in such a way, and then again by failing to waive a PCN when I attempted to appeal and made notification of having a Blue Badge, which is on display in your ANPR photos, as well as disability stickers on the front and back of the car, is an example of a failure to make reasonable adjustment. 

Reasonable adjustment is both an anticipatory and retrospective duty to make amends in this specific case for inflexible ANPR camera issued PCNs once the facts were given. 

Had C2C's or NCP's management of the car park been sufficient, there would have been a ticketer on foot, who would have seen the Blue Badge, but as the management plan is to use cameras on entry and exit only that are proven not fit for purpose, that discriminates even further against OTHER blue badge holders who have the same rights, but didnt know. It would have been entirely reasonable to invoke registration retrospectively at zero cost, when the blue badge was disclosed and i might add, with an apology. 

I have taken the liberty of CC'ing my local MP .... into this email, and will be asking him to report NCP to the regulatory authority for unprofessional conduct on my behalf. I will also be asking for this email to be forwarded to his colleage, the MP for Rochford and Southend East ....... who's constituency this alledged "offence" purportedly took place.

In the meantime i would be grateful if you, as the Managing Director of C2C which contracts NCP to manage the parking area, would take steps to cancel this unfair and unscrupulous PCN , secure an apology for myself and Remind NCP that this standard of practice falls short of the policies within C2C'S own passenger charter and their "Making rail accessible" strategy. 

I am sure you are keen to make sure any third party managing your company's interests uphold the standards that C2C claim to have with regards to their patrons, never mind make sure they are doing so whilst being fully compliant with the law. 

I am also sure you are keen to immediately review C2C's discriminatory policy and rectify it as a matter of urgency, as set out above.

This scam has already seen me denied a chance to appeal to NCP or POPLA as the PCN was never actually recieved. It has been passed to a debt collector who refused me an appeal, refused to take retrospective action as outlined above when i disclosed my disability, did not furnish me with all of the  evidence apparently held and that i specifically requested in this case and then refused to correspond with me further, stating i would have to go to County Court to appeal.

 This swindle has now reached the stage of BW LEGAL sending letters threatening to send a Pre Action Protocol letter before claim. 

As Managing Director of C2C, you are ultimately responsible for NCP's management of the site and their bullying of a disabled woman.

 

If you will not step in and cancel this shakedown of a PCN, I will have no choice but to go to County Court.

I will therefore be requiring the name and address of the representative who will be at the County Court hearing to answer for C2C's and NCP's failure to make reasonable adjustments for a disabled person, whom they know to be eligible to park there for free. 

I will have been left no choice but to counterclaim against C2C and NCP breaching the Equalities Act of 2010, willfully discriminating against a disabled person and also for a breach of the Data Protection Act 2018.

I look forward to your swift response to this matter.

Dizzyflop

Coupon-mad said:

I also think its wrong to have to register your car to park. They want the badge number and registration.
My badge doesnt belong to the car but to me. I can use it in any car i travel in. What happens if the same badge number registers more than 1 car?! 

You are right, it is wrong to try to register a Blue Badge against a single car.  As you say, you can use your Badge in any car.  TPS are horrific and are misusing your data by getting it from the DVLA.  The problem is that ANPR cameras breach the Equality Act 2010 by failing to offer disabled people more time because the camera can't tell that you qualify for more free parking time (or more time for the same tariff).  

Ive actually been tweeting them tonight to find out how many cars they allow to be registered on one BB.. The reply so far is
you need to put your blue badge in the windscreen. Please visit your  local council website for how many cars can be registered. 

Makes you laugh when c2c dont actually operate in my local area, or that its irrelevant to their own regustration policy.
They seem to think displaying in windscreen is just fine! 

Coupon-mad

I think that complaint is far too long and also this is out of date, this Act is repealed and replaced by the CRA 2015:

There is a general principle currently enforced under the Unfair Terms in Consumer Contacting Regulations 1999,

Dizzyflop

Shortened. Still long though. Feel free to suggest what to drop. Thanks for the help.

Dear ….. 

On the 2nd August 2020, my car was parked in the grounds of C2C's cark park at

Thorpe Bay Train Station, 

Station Road, 

Thorpe Bay, 

Essex 

SS1 3JY. 

 

I have since had a Parking Charge Notice issued by NCP that manage the car park on C2C'S behalf. 

As a disabled blue badge holder, who wanted to make enquiries into the services on site, I visited the Thorpe Bay train station website in advance to check what the parking tariffs and terms were. It states clearly that disabled parking is free. No other terms or conditions are visible on the page, including any that categorically state blue badges AND the vehicle must be registered with C2C in advance of parking.

On site there was a distinct lack of clear, legible signage, let alone any readable that stated these terms differed from the website, and no signage at all that was legible from within the car regarding parking and the requirement to register my blue badge in advance. 

It is therefore entirely reasonable for a disabled motorist to check beforehand, arrive, display their blue badge, and walk away without checking other signs.

 In order to register for disabled parking, which in itself is onerous, C2C have stated that registration has to happen before parking. 

With no mention of this on the Train station parking website, C2C and NCP are therefore requiring a disabled motorist to own a smart phone, in order to register for parking that able bodied motorists are not required to do. This is most likely a breach of the Equalities Act of 2010.

The terms and conditions state that parking for under 30 minutes is free for all patrons. Given my car was on site for 31minutes 55 seconds, I question how the car could have been parked for over 30 minutes resulting in a PCN at all. 

This PCN charge of £100,is effectively the punishment of a disabled person for not "registering" their Blue badge when they had no idea they had to. 

A parking charge cannot be levied purely to punish as was ruled in the Supreme Court judgement of Parkingeye vs Beavis (2015). There has to be a compelling legitimate interest over and above any loss.

 Breaching the Equality Act 2010 in such a way, and then again by failing to waive a PCN when I attempted to appeal and made notification of having a Blue Badge,is an example of a failure to make reasonable adjustments. 

Reasonable adjustment is both an anticipatory and retrospective duty to make amends in this specific case for inflexible ANPR camera issued PCNs once the facts were given. 

Had a real ticketer been on duty, they would have seen the Blue Badge, but as NCP use cameras on entry and exit only that are proven not fit for purpose, that discriminates even further against OTHER blue badge holders who have the same rights, but didnt know. It would have been reasonable to invoke registration retrospectively at zero cost, when the blue badge was disclosed.

I have taken the liberty of CC'ing my local MP .... into this email, and will be asking him to report NCP to the regulatory authority for unprofessional conduct on my behalf.

This swindle has now reached the stage of BW LEGAL sending letters threatening to send a Pre Action Protocol letter before claim. 

As Managing Director of C2C, you are ultimately responsible for NCP's management of the site and their scam.

If you will not step in and cancel this PCN, I will have no choice but to go to County Court and will lodge a counterclaim against C2C and NCP for breaching the Equalities Act of 2010, willfully discriminating against a disabled person and also for a breach of the Data Protection Act 2018.

I shall therefore require the name and address of the representative who will be at the County Court hearing to answer for C2C's and NCP's failure to make reasonable adjustments for a disabled person, whom they know to be eligible to park there for free. 

 

 

 

I look forward to your swift response to this matter.

 

 

 

Coupon-mad

Yep, that's better. 

In the subject line, put FORMAL COMPLAINT - FAILURE TO MAKE REASONABLE ADJUSTMENTS FOR A KNOWN DISABLED MOTORIST

Dizzyflop

Coupon-mad said:

Yep, that's better. 

In the subject line, put FORMAL COMPLAINT - FAILURE TO MAKE REASONABLE ADJUSTMENTS FOR A KNOWN DISABLED MOTORIST

Great thank you. Il pour over the english for corrections and send it on.
Il write to the MP at the same time as this just as a quick cover letter explaining why i cc'd him, in. If he needs more details he will ask. Hes a good MP ive spoken with before. 

Thank you so much for your help, all of you. 
Now i wait to see what happens and will plan my defence in advance. 
Keep up the good work. 

Fruitcake

Perhaps briefly mention that: -
ANPR cameras are incapable of recording parking time, only time on site
The UK Government prohibits the use of ANPR cameras on council land because it is deemed not fit for purpose
ANPR cameras cannot determine if a person has a disability
The Blue Badge scheme does not apply on private land (This is for the bigger picture, not specifically your case)

Where you mention CCing your MP, note that there is no regulatory body. It is a trade association funded by the unregulated parking companies to support their own interests, not that of the motorist.

Dizzyflop

I do love my MP. 
Ive not been able to say that about any other MP Ive ever had. Since he took office a few years back ive sent numerous equiries and they have always been taken seriously,  dealt with promptly and kept me informed of every step along the way. 
Response already received. Kudos to you Sir.