Parking Ticket for Disabled person with mobility issues

haywoodfloyd

Hi all,
I would appreciate some advice on the following:
My wife, who is disabled with mobility issues parked in a retail car park on overstayed by @15 minutes received a pcn by post. unfortunately, she ignored the pcn & the follow up letter and has now received a letter from a debt collection agency. Having read the advice on the newbies section, I know the debt collection agency cannot enforce the charge. My question (which I hope someone can answer) is: My wife's mobility issues are such that she cannot walk without the aid of a frame or walker, and even with that, she can only walk short distances before having to rest. Her movement is slow to say the least. If the Parking enforcement company decide to go to county court, could my Wife use her limited mobility as a defence?

Many thanks

Half_way

Where is this retail park?
Who issued the parking charge notice?
Does the vehicle have a blue badge,  or anything else to show that an occupant head a disability, Ave bay need extra time as a reasonable adjustment?

Was this an ANPR issued parking charge notice, where no reasonable adjustments were made to account for an occupant of the vehicles disability?

Coupon-mad

Complain to the retail park immediately.  Yes she is entitled to more time, and this is disability discrimination:

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

That's from 2010. Nothing has changed except the DDA was replaced by the (even better) Equality Act.  Show the retail park that article and get angry.

Le_Kirk

Complain to the managing agents of the retail park that she was not allowed additional time in line with the Equalities Act.  If they do not cancel the PCN, they and their sub-contractors (the PPC) are guilty of indirect discrimination. Now that you have informed the agents, if the parking company do not cancel the PCN they are guilty of direct discrimination.  Have you complained yet?

haywoodfloyd

Hi all,
Sorry I haven't posted for a while, my Wife's health has taken a turn for the worse. I sent a letter on her behalf to the Debt collection agency informing them of her disibilty and received a letter back stating that due to data protection, they could not talk to me without her permission. The case has now been transferred to another debt collection company. 

My wife was admitted to hospital before Christmas due to the decline in her health (she is still in hospital, cannot talk, walk let alone write and will be in for some time). I have spoken to the second dca and they repeated the line about Data Protection. If my wife cannot communicate and let me deal with this on her behalf, is it time to seek legal advice?

troublemaker22

I’m so sorry to read all this. Let’s take this off the forum. I’m sending you a direct message. 

yetneveragain

The best advice, legal or otherwise you will get is from this forum. Unfortunately, you haven't followed the advice already given in that you wrote to the debt collectors who are not a party to the alleged breach of contract between your wife and yourself. You were advised to inform the landowner/store and the PPC about the fact that they are in breach of the Equalities Act 2010.

Hopefully you will get some useful legal advice from the likes of @troublemaker22 on how to proceed regarding the fact that, unless you have power of attorney for your wife, she needs to authorise you to act on her behalf. Without that, they could all fob you off forever.

Keep in mind that your wife's disability, once the PPC and their contractor have been informed about it are in breach of the EA by not allowing her extra time, which is a criminal offence if they ignore it.

Coupon-mad

troublemaker22 said:

I’m so sorry to read all this. I’m sending you a direct message. 

I can vouch for this poster who is a solicitor and will help you brilliantly and thoroughly, without fees @haywoodfloyd

troublemaker22

haywoodfloyd didn't respond to my DM or post anything further here.  I assume they decided they don't need our help after all

Anwar_ahmad

I have similar issue. I will be thankful if someone has time to read my post and reply.  My mom has mobility issue.  apartment she living in have parking only for permit holders. I don't have blue badgefor her however I have letter fromdoctors to proof she had stroke and have mobility issues. Sometimes I park my car to pick My mom or drop her off. Last time she had appointment with doctors I went there to pick her up and now have Notice to keeper(postal-PoFA). Can some one please guide me what is best way to proceed?

Fruitcake

Anwar_ahmad said:

I have similar issue. I will be thankful if someone has time to read my post and reply.  My mom has mobility issue.  apartment she living in have parking only for permit holders. I don't have blue badgefor her however I have letter fromdoctors to proof she had stroke and have mobility issues. Sometimes I park my car to pick My mom or drop her off. Last time she had appointment with doctors I went there to pick her up and now have Notice to keeper(postal-PoFA). Can some one please guide me what is best way to proceed?

Please start your own thread using the create new or the red circle with white cross buttons after you have read the sticky Announcement for NEWBIES thread on the main forum page. Once you have your own thread you will get bespoke help for your individual case.

On your new thread, please tell us which PPC issued the charge, and what happened when you complained to the landowner and youy MP, otherwise known as Plan A.