UK CPM Parking Charge Notice

Coupon-mad

Be robust when companies break the law. Their ignorance is no excuse.

If you don't send that, I can predict that person will just spout UKCPM nonsense at you.

Couldey

Noted and will send that in the morning to all the parties in the email. 

I feel you are right about what you predict, even going by a recent google review on them and their response. Not sure on why that person received a pcn. They highlighted the fact the complainant didn’t get in touch with the property managers.

I will be back with the response. 

Coupon-mad

Wow. What a horrific response.

B789

Perhaps also highlighting to the recipient of the letter that their indirect discrimination changes to direct discrimination once they have been notified of the person's protected characteristics and they fail to acknowledge or do anything about this.

Point out that they need to take note of Chapters 1 (4) and (6) and Chapter 2 (13), (14), (15), (19), (20), (21), (22), (23), (24) and (25). (26) and (27) could also come into play depending on the response to the letter.

Couldey

Hello everyone and to Coupon-mad in particular…..we have a RESULT!!! 

Below is Plan A (complaint to landowners) and the response from them after a couple of email exchanges:


“Dear xxxxx xxxxx

”Kindly note below the snippet (in bold) from CPM’S email confirming their position: 

Further to our call this morning we will cancel the above PCN and make a refund of the other PCN issued to this vehicle. 

Please note we are doing this as a gesture of goodwill. 

There are no statutory concessions for Blue Badge holders on private land. Any concessions for any user type are at the discretion of the landowner.

Kindly note i would be the one managing your complaint and I can confirm there has been no discrimination as alleged. 

I have contacted the citizen advice bureau and i was directed to page and asked to read the following for guidance:

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

Places you need to check before parking

There are a number of restrictions and local parking schemes which you need to be aware of. Here is a list of those places and the parking restrictions in force. If in doubt, ask the relevant council before you travel.

Off-street car parks (such as supermarket, hospital or local council car parks)

Off-street car park operators should provide parking spaces for disabled people. However, it is up to the car park owner to decide whether badge holders can park free of charge.

Do not assume you can always park for free.

I also contacted the Blue badge team at  London Borough of Hounslow today and i was advised that if it is a private land it’s not under their jurisdiction and they cannot advise us how to manage the car park. However, if a blue badge holder exceeds their time limit even in a payable public car park then there ticketed by the council as well.

In order to assist your mother, i would advise you to speak to the tenant you are visiting in the building to make parking arrangements for her in future or you can advise me the name of the tenant and i will liaise with them. 

Kind Regards

xxxxx xxxxxx

Business Manager

Acre 1176 Ltd”

Couldey

Hello B789, was your reply in reference to a previous post or to the above result? As you posted before me.

Coupon-mad

"if a blue badge holder exceeds their time limit even in a payable public car park then there ticketed by the council as well."

ERRR no, Local Authorities can't legally do that; it's already been confirmed as an Equality Act breach in a test case:

https://www.wake-smith.co.uk/latest-news/news-archive/2011/06/20/Council-Car-Park-Case-Settled-A-Victory-for-Blue-Badge-Holders

"Councils across the UK are being urged to review their parking policies for disabled motorists following the second successful legal challenge against a UK authority by five Blue Badge holders in Norfolk.  The case against Norwich City Council has forced the council to change their disabled policy in line with current legislation as detailed in the Equality Act 2010.  Norwich City Council has now decided to reintroduce reduced rates for disabled drivers with every one hour paid for entitling the Blue Badge holder to an additional hour free."

Other Local Authorities are waking up to recognise this:

https://www.wiltshire.gov.uk/news/one-hour-parking-grace-period-for-blue-badge-holders-to-be-introduced
"Wiltshire Council has confirmed that it will be implementing a grace period to allow Blue Badge holders an extra hour on any parking ticket they purchase in council-run car parks. Council Leader Richard Clewer said:
"We're pleased to announce this additional one-hour parking grace for Blue Badge holders.  I've spoken to and listened to feedback from disability groups in Wiltshire about this issue, and seen at first-hand that some people who have Blue Badges, and pay to park in our car parks, require that little bit extra time to leave and return to their vehicles, so we think this measure is a sensible solution."

https://crawley.gov.uk/transport-and-streets/parking/disabled-parking
"Car parks: Blue Badge holders can park free of charge in council operated car parks. If no disabled bays are available, you can park in a regular Pay and Display bay free of charge."

https://www.cornwall.gov.uk/transport-parking-and-streets/parking/disabled-parking/disabled-parking-rules/
"Blue badge holders paying a parking fee automatically get one extra hour of free parking. For example, if you correctly display a blue badge and pay for 2 hours, you can park for 3 hours."

https://www.wyreforestdc.gov.uk/streets-and-parking/parking/blue-badge-information/
"If you park in a car park that is short stay only, we allow you three hours parking time. You must display the time that you arrived on your time clock."

And other London Councils (unlike Hounslow) do know their duty under the law:

https://www.rbkc.gov.uk/parking-transport-and-streets/accessible-transport/disabled-parking-visitors

"A Blue Badge gives the following benefits in Kensington and Chelsea:

• Blue badge disabled parking bay:
• up to 4 hours of free parking during controlled hours, and for as long as you want outside of these hours. Please see the maximum stay section below for exceptions to this rule.

Pay-by-phone visitor bays: 

• you can have one hour free parking after the time you have paid for runs out"

Quoting the CAB about 'Blue Badge rules' is completely irrelevant because this complaint was never about Blue Badge rules.  It was a complaint specifically about the failure to comply with the legal duty to make a reasonable adjustment of time, as set in the Equality Act 2010 which is silent about Blue Badges.

This is a point of law to protect and alllow more time for disabled people (blue badge or not).  This isn't - and never was - about Blue Badges per se.

Looking at other Blue Badge rules is irrelevant except insofar as the above test case, which established that the Equality Act trumps any fixed policies (including Council blue badge policy). 

B789

Couldey said:

Hello B789, was your reply in reference to a previous post or to the above result? As you posted before me.

Never mind. I posted whilst you were compiling your post about your success.

If you feel like tweaking their nerves a bit, you should fire back at them @Coupon-mad's points above.

Boat_to_Bolivia

B789 said:

Couldey said:

Hello B789, was your reply in reference to a previous post or to the above result? As you posted before me.

Never mind. I posted whilst you were compiling your post about your success.

If you feel like tweaking their nerves a bit, you should fire back at them @Coupon-mad's points above.

I'm keeping my fingers crossed the OP does....that will wipe the smug grin off their lying faces.

Excellent post @Coupon-mad, very informative and made for heartening reading. Thanks.

Couldey

Boat_to_Bolivia said:

B789 said:

Couldey said:

Hello B789, was your reply in reference to a previous post or to the above result? As you posted before me.

Never mind. I posted whilst you were compiling your post about your success.

If you feel like tweaking their nerves a bit, you should fire back at them @Coupon-mad's points above.

I'm keeping my fingers crossed the OP does....that will wipe the smug grin off their lying faces.

Excellent post @Coupon-mad, very informative and made for heartening reading. Thanks.

Yes I will reply to them with Coupon-mad’s points tomorrow and come back with any replies. As she’s put in so much help and effort with this case (also one 5 years ago for us), i’d be happy to throw this back at the parking company and land owners.

Told mum earlier and she was happy that it’s been cancelled, but more shocked they are refunding the first pcn. 

I’m suprised how quickly these pcn’s were cancelled with the land owner. It’s been less than a week since mum got the second pcn. 

5 years ago Coupon-mad (and a few others) assisted me with a similar scenario for mum and dad, where two ECP pcn’s were issued and it went to POPLA, she won them aswell 🙂