Not displaying blue badge in shopping centre

Half_way

Thats pretty much it send to the parking company, just add in was making use off the facilities provided as  a reasonable adjustment for those with disabilities.

Odds on they will refuse to budge, but it will help with a landowner complaint, and further should the need arise.

Also this is not a fine

LoneStarState

MikeJXE said:

Half_way said:

Have you informed then that you have a protected characteristic (disability) as per the equality act?
And they must cancel
If not, then do so now.
The terms "protected characteristic", "must" and "equality act" are important.

Are you saying someone with a blue badge has the right to not display it and refuse any fine ? 

This question has already been answered in the thread.  The blue badge scheme DOES NOT APPLY to off street car parks and only covers public on street parking.

If a private parking company wishes to accept blue badges as an easy way to identify someone with a disability then that is fine.  However there are numerous disabilities/impairments that would not be granted issuance of a BB that arguably require consideration under the EA 2010 and would allow the use of a disabled space on private land. 

The lack of a blue badge does not mean those who park in a disabled space are not disabled and/or do not have protected characteristics.  When parking on private land, this has to be taken into account by the parisitic parking firm as much as they don't want to and would like to scare the OP and those similar to the OP into paying.

In addition to that, private parking charges are NOT fines.  They are invoices for an alleged breach of contract, nothing more.  In this case the OP is disabled/has protected characteristics.

Mushyyy10

Hi, sorry to jump on this thread. I've just had a window PCN from PCM for parking in a disabled bay without displaying my badge, in a shopping centre car park. However, my car is a company lease car. Would the above info be different for appealing a company lease car?

I have read the newbie thread and the bit about not displaying blue badge and lease cars but there doesn't seem to be anything to cover both situations and I don't want to go about this the wrong way. 

Thanks in advance 

knightstyle

Everyone who gets this type of PCN should contact the owner of the car park explaining what happened and supplying a copy of the BB.
If it was a dedicated parking area write to the store manager and try to give the letter in person to the manager.

Fruitcake

Mushyyy10 said:

Hi, sorry to jump on this thread. I've just had a window PCN from PCM for parking in a disabled bay without displaying my badge, in a shopping centre car park. However, my car is a company lease car. Would the above info be different for appealing a company lease car?

I have read the newbie thread and the bit about not displaying blue badge and lease cars but there doesn't seem to be anything to cover both situations and I don't want to go about this the wrong way. 

Thanks in advance 

Plan A is always for the keeper, or in your case, the hirer/lessee to complain to the landowner and their MP, without revealing the driver's identity.

Please read the sticky Announcement for NEWBIES, especially the section about lease/hire cars. If a landowner cancellation is not forthcoming then appeal using one of the appeal letters written specifically for hirer/lessees.

If you need further assistance, please start your own thread where you will get bespoke help.

Fruitcake

MikeJXE said:

Half_way said:

Have you informed then that you have a protected characteristic (disability) as per the equality act?
And they must cancel
If not, then do so now.
The terms "protected characteristic", "must" and "equality act" are important.

Are you saying someone with a blue badge has the right to not display it and refuse any fine ? 

This thread is about a disabled motorist getting a parking charge notice from an unregulated private parking company on private land for allegedly not doing something that they are not legally required to do.
The rules regarding the blue badge scheme on private land are different to the rules for parking on a public road or council car park.

The advice given on this thread is specifically for the former situation where the blue badge scheme does not apply, where there is no requirement to display a blue badge, and where no fine or penalty has been given, and where no offence has occurred. (Unregulated private parking companies are not permitted to issue fines or penalties).

The blue badge scheme does not apply on private land, but the Equality Act 2010 does, and there is no legal requirement to display a blue badge on private land in order to use an accessible parking bay. Sadly the unregulated private parking industry, referred to as rogues, scammers, and bloodsuckers by MPs across all parties would have you believe otherwise.

The unregulated parking industry has had twelve years to come up with an alternative method of monitoring accessible bays on private land but has steadfastly refused to change their position.

Fruitcake

knightstyle said:

Everyone who gets this type of PCN should contact the owner of the car park explaining what happened and supplying a copy of the BB.
If it was a dedicated parking area write to the store manager and try to give the letter in person to the manager.

... or some other proof that they have a disability and associated protected characteristics as defined by the Equality Act 2010.

A blue badge is not the only indicator of a disability.

fisherjim

In fact officially a blue badge does not apply to car parks at all only on street parking:

Page 3 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1016364/rights-and-responsibilities-easy-read.pdf

Top three paragraphs https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-england/the-blue-badge-scheme-rights-and-responsibilities-in-england

thepeachyone

knightstyle said:

Everyone who gets this type of PCN should contact the owner of the car park explaining what happened and supplying a copy of the BB.
If it was a dedicated parking area write to the store manager and try to give the letter in person to the manager.

So I find the owner of car park and write to them rather than UKCPS or Debt recovery plus?

Like this?

Regarding parking charge notice xxx
Dated xxx the driver has a protected characteristic (disability) under the Equality Act 2010.  Therefore the charge must be cancelled.

(Do you mention a blue badge as its been stated not relevant in a private car park)

Thankyou.

fisherjim

Although it's not relevant, displaying can be considered a courtesy to the PPC to save them the bother of going through the motions they do to clarify. But of course they just want money so don't play fair.

You certainly don't contact Debt Recovery Plus who are just a waste of space.