UK CPM Parking Charge Notice

Coupon-mad

Yes I wrote it so you could copy most of it.  Like to get my teeth into EA breach parking cases.

Couldey

Hi all, I will send the below via email to a few recipients of vistacentre.co.uk from my own (no name) email address. I will call them to get an email for the site manager if possible and cc them in too.

Do I need to attach any other documents at this stage such as gran’s blue badge?

I’ve added in a few bits myself, majority being from Coupon-mad and used a line from B789.

“To Vista Centre, 

PCN number - xxxxxx

Registration number - xxxx xxx

I am writing to complain regarding the recent PCN issued on 31/03/2023 (2nd pcn) & 07/02/2023 (1st pcn) by UKCPM, who are agents on behalf of the Vista Centre, owned by Acre 1176 Limited.

The site was visited by (xtalking as mum, keeperx) my husband and my elderly mother, who the latter is 84 and registered disabled due to her mobility.

A few days after their visit, a PCN was issued. 

This was paid in full because we had no idea what to do and the family were upset and scared it was a valid 'fine', which we have since realised is not the case and that its issuance was in fact illegal.

Recently, another 2nd PCN was issed due to ‘Exceeding Allowed Time’. 

Whilst a fixed time period may be sufficient for able-bodied service users, it is not sufficient for someone with severe mobility issues.

There should be a policy of either having a way of exempting Blue Badge holders on the day, or at the very least, alternatively having a policy of cancelling PCNs at first complaint or appeal when such mobility issues are established by the complainant (albeit that second option is shutting the door one by one after each horse has bolted and letting the operator discriminate, and some victims will pay as the family already did once, out of fear).

Extra time and proactively operating a relaxation of (potentially disadvantaging) fixed time policies is required by law, as a reasonable adjustment for disabled service users. This legal duty is highlighted in the 'Tours' example showing 'fixed time limit' discrimination, as published in the EHRC Code of Practice for Services and Public Functions (supplementary guidance to the Equality Act 2010). That Code is statute law in itself, breach of which is a criminal offence by erring service providers.

This anticipatory duty was also highlighted by a BBC article around the time when the law changed in 2010:

"BBC Breakfast contacted 200 large supermarkets from the four main chains. Of the 124 that imposed parking time limits, about two-thirds said they did not give disabled people any extra time to shop, which is a breach of the law."

Article can be read here:

http://news.bbc.co.uk/1/hi/uk/8488737.stm

A full refund of the £60 already paid must be offered alongside an apology, because it was obtained as a result of failing to make reasonable adjustments and failing in the service providers' anticipatory duty to consider the impact of any planned 'fixed' policies on disabled service users.

Avoiding discrimination is never about offering the same fixed terms to all - in fact that's illegal.

There has been a clear breach of statute law (the EA 2010 and the statutory EHRC CoP) and if the £60 paid out of fear for the first PCN is not returned immediately, and both PCNs cancelled, the family will help the victim to sue for it, plus a three figure sum as compensatory damages for distress. 

The landowner is jointly liable for the actions of its agents and should this proceed to a court claim, we may call them to be a witness.

To resolve the issue going forward, this car should now be placed on the site's electronic White List.

I look forward to your reply.

Name of keeper (name of mother)

Address of keeper (address of mother/keeper)”

Thank you

Coupon-mad

Yes attach a pic of her Blue Badge to prevent quibble.

I'd change this by adding to it:

This was paid in full because we had no idea what to do and the family were upset and scared it was a valid 'fine', which we have since realised is not the case and that its issuance was in fact illegal.

Couldey

Thank you Coupon-mad, I’ve edited that in to the post above yours. 

I’ll send it tomorrow to them via email and keep this thread updated. 

B789

Couldey said:
The site was visited by (xtalking as mum, keeperx) my husband and my 84 year old elderly mother, who the latter is 84 and is registered disabled due to her mobility issues.

If you haven't sent it yet, I would advise changing the above sentence to make it a bit more coherent.

Couldey

Hi B789, I did send the email earlier, sorry I did not see your post by that time. Gave the Vista centre a call, receptionist was a bit abrupt in the beginning when explaining that I needed the email address for the property manager due to the ticket, she gave me a name eventually. 

Thank you for your help so far and I’ll keep this thread updated.

Couldey

Quick update, had this reply from the Vista Centre a little while ago as I sent the first email midday:

Dear xxxxxxx xxxxxxx,

Thank you for your email.

I have now passed your email to CPM for thier comments in support of the tickets issued. 

Please note only our tenants can be registered for parking portals and should you wish to be registered for parking at the Vista Centre then you would have to speak to the Company you are visiting at the centre 

I shall update you once i have a response from CPM.

Regards 

xxxxx xxxxxxxx

Business Manager

Couldey

Also should add that the property owners/shareholders of Acre 1176 Ltd (there’s two names at companies house) were also cc’d into the email. I took a punt at using their first names@vistacentre.co.uk, one of them bounced back but the other one was cc’d in the reply email above. Just realised the business manager has the same surname as one of the directors. 

Coupon-mad

Couldey said:

Quick update, had this reply from the Vista Centre a little while ago as I sent the first email midday:

Dear xxxxxxx xxxxxxx,

Thank you for your email.

I have now passed your email to CPM for thier comments in support of the tickets issued. 

Please note only our tenants can be registered for parking portals and should you wish to be registered for parking at the Vista Centre then you would have to speak to the Company you are visiting at the centre 

I shall update you once i have a response from CPM.

Regards 

xxxxx xxxxxxxx

Business Manager

Dear xxxxxxxx

Astonishingly, your reply has added an additional personal failure to make 'reasonable adjustments' which I have already explained is an offence.

So now, in addition to the offence by UKCPM/the Vista Centre who are both jointly liable in failing to have a policy to relax the fixed parking period for disabled visitors (see that 'Tours' example I already signposted you to read) I have a statement from you, refusing (without checking with anyone else or considering your legal duty) to consider a perfectly workable remedy of adding this vehicle to the site's whitelist to prevent further discrimination.

I think you ought to escalate my complaint to your area/line Manager and/or seek legal advice.

The disabled family member reserves the right to personally call you to court as a witness and/or to file a claim against the Vista Centre for damages for distress if this matter is not properly resolved for the disabled complainant.

What I don't want to hear from you is regurgitated rubbish from your notorious ex-clamper firm UKCPM who you have "invited to supply their comments in support of the tickets issued."

To say I am unimpressed with that and the faith you are placing in that firm (demonstrating no understanding of your personal and corporate duty under the Equality Act 2010) is an understatement.

You say "only our tenants can be registered for parking portals". Why?  Legal justification for not adding a (known to be previously scammed on your site) disabled persons vehicle, please?

Clue: you can't just say 'because that's our policy'.

I strongly suggest that you read the EA 2010 about your duty to make reasonable adjustments and the very limited 'justification' that a service provider might be able to rely upon to excuse a breach, BEFORE you reply this time.

Yours sincerely,

 

Couldey

Thank you for the swift reply - you’ve gone to town with that response! 

I feel slightly worried sending that back to them 😂 but I will send it in the day tomorrow.