Parking ticket ukpc

Littlemissgrey

Hi all, 
I've read all the newbie threads and followed advice this far but I've now received a court claim from dcbl, I parked in a disabled bay no blue badge displayed, but I am registered disabled, ignored first few letters, tried contacting aldi which was where I was parked, have done sars and had my 30 days, have also told dcbl and ukpc I am registered disabled and can prove it, and they've still gone ahead with the claim citing their terms and conditions state I must display a blue badge. I've pointed out to them that the blue badge scheme does not apply on private land but they're still having none of it, where do I go from here with my defence, am I actually right or are they right, the court claim is for nearly £300???
Amy help would be appreciated 

Umkomaas

Date of Issue as shown on the Claim Form please?

Have you acknowledged service (AOS) of the claim yet, if so, on what date please?

Littlemissgrey

Umkomaas said:

Date of Issue as shown on the Claim Form please?

Have you acknowledged service (AOS) of the claim yet, if so, on what date please?

Received it this morning and its dated 7th of June, haven't done anything yet.

Fruitcake

Plan A is always a complaint to the landowner and your MP, and it is never too late to do so. Did you contact the CEO of Aldi? Is it a stand alone Aldi or is it part of a retail park? If the latter, the managing agent's details are normally shown on the main entrance signs.
There is no such thing as registered disabled. Do you mean perhaps that you have a disability and a blue badge, and have protected characteristics as defined by the Equality Act 2010?

For the AoS, do this on or shortly after day 6 from the issue date during normal office hours, 9am - 4pm.

Read the guide to court written by bargepole that you will find in the NEWBIES, and read the Template Defence thread that includes a twelve step guide. The defence is 95% written for you and you just need to amend paragraphs 2 and 3 to suit your case. Post your draft here before you submit it.

Umkomaas

Littlemissgrey said:

Umkomaas said:

Date of Issue as shown on the Claim Form please?

Have you acknowledged service (AOS) of the claim yet, if so, on what date please?

Received it this morning and its dated 7th of June, haven't done anything yet.

Thanks for confirmation. Regular @KeithP will be along shortly with some key dates and some actions for you to take to get your defence underway. Please read his advice very carefully as it's important for you now to follow instructions to the letter. 

But please don't worry about this, because if you follow forum advice, your case will get nowhere near a court hearing. Please read the following thread to know how things will pan out over the coming months. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Littlemissgrey

Fruitcake said:

Plan A is always a complaint to the landowner and your MP, and it is never too late to do so. Did you contact the CEO of Aldi? Is it a stand alone Aldi or is it part of a retail park? If the latter, the managing agent's details are normally shown on the main entrance signs.
There is no such thing as registered disabled. Do you mean perhaps that you have a disability and a blue badge, and have protected characteristics as defined by the Equality Act 2010?

For the AoS, do this on or shortly after day 6 from the issue date during normal office hours, 9am - 4pm.

Read the guide to court written by bargepole that you will find in the NEWBIES, and read the Template Defence thread that includes a twelve step guide. The defence is 95% written for you and you just need to amend paragraphs 2 and 3 to suit your case. Post your draft here before you submit it.

Yes I contacted the ceo of aldi, mp emailed also as I requested to know who the landowner is and no one wants to answer me.
Registered disabled may have been the wrong word to use, what I mean is I'm in receipt of disability benefits and have been for over 10 years due to degenerative diseases diagnosed when I was 24, I don't have a blue badge as I try to push through my ailments but when I'm having a bad day and if there isn't regular spaces close enough I will use a disabled bay on private property.
The aldi is on a retail park with other shops there but the space was directly outside.

Littlemissgrey

Umkomaas said:

Littlemissgrey said:

Umkomaas said:

Date of Issue as shown on the Claim Form please?

Have you acknowledged service (AOS) of the claim yet, if so, on what date please?

Received it this morning and its dated 7th of June, haven't done anything yet.

Thanks for confirmation. Regular @KeithP will be along shortly with some key dates and some actions for you to take to get your defence underway. Please read his advice very carefully as it's important for you now to follow instructions to the letter. 

But please don't worry about this, because if you follow forum advice, your case will get nowhere near a court hearing. Please read the following thread to know how things will pan out over the coming months. 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Thank you, I'm just about to get a mortgage so am kind of worrying about this affecting my credit rating and I'm also thinking it may be time to apply for a blue badge so I'm not in this situation again. 🙃 

Umkomaas

The aldi is on a retail park with other shops there but the space was directly outside.

Probably not in Aldi's gift to get this cancelled. If it's a multi-outlet retail park, you're looking for a managing agent to get this cancelled. Check the welcome board at the retail park entrance which lists the retailers on site - it's often listed on the bottom of that. Other ways to determine who the landowner might be:

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

Littlemissgrey

@Umkomaas
I've tried Google, and asked the aldi ceo, they never replied, I found some planning permissions for the site with details of a company, emailed them no response either.
The retail park is snowhill in Wakefield.

Fruitcake

Littlemissgrey said:

Fruitcake said:

Plan A is always a complaint to the landowner and your MP, and it is never too late to do so. Did you contact the CEO of Aldi? Is it a stand alone Aldi or is it part of a retail park? If the latter, the managing agent's details are normally shown on the main entrance signs.
There is no such thing as registered disabled. Do you mean perhaps that you have a disability and a blue badge, and have protected characteristics as defined by the Equality Act 2010?

For the AoS, do this on or shortly after day 6 from the issue date during normal office hours, 9am - 4pm.

Read the guide to court written by bargepole that you will find in the NEWBIES, and read the Template Defence thread that includes a twelve step guide. The defence is 95% written for you and you just need to amend paragraphs 2 and 3 to suit your case. Post your draft here before you submit it.

Yes I contacted the ceo of aldi, mp emailed also as I requested to know who the landowner is and no one wants to answer me.
Registered disabled may have been the wrong word to use, what I mean is I'm in receipt of disability benefits and have been for over 10 years due to degenerative diseases diagnosed when I was 24, I don't have a blue badge as I try to push through my ailments but when I'm having a bad day and if there isn't regular spaces close enough I will use a disabled bay on private property.
The aldi is on a retail park with other shops there but the space was directly outside.

Okay, so you have a disability and therefore have protected characteristics as defined by the Equality Act 2010 and therefore had the right to use an accessible parking bay. By failing to make reasonable adjustments and anticipating the needs of a disabled motorist, UKPC and the landowner/managing agent have committed indirect discrimination, which is a criminal offence.
By pursuing the claim once they were made aware of your disability, they have committed direct discrimination, which is also a criminal offence.

This needs to be brought to the attention of the landowner and their agent who are equally responsible and liable for the actions of the PPC they have employed.

Littlemissgrey

Fruitcake said:

Littlemissgrey said:

Fruitcake said:

Plan A is always a complaint to the landowner and your MP, and it is never too late to do so. Did you contact the CEO of Aldi? Is it a stand alone Aldi or is it part of a retail park? If the latter, the managing agent's details are normally shown on the main entrance signs.
There is no such thing as registered disabled. Do you mean perhaps that you have a disability and a blue badge, and have protected characteristics as defined by the Equality Act 2010?

For the AoS, do this on or shortly after day 6 from the issue date during normal office hours, 9am - 4pm.

Read the guide to court written by bargepole that you will find in the NEWBIES, and read the Template Defence thread that includes a twelve step guide. The defence is 95% written for you and you just need to amend paragraphs 2 and 3 to suit your case. Post your draft here before you submit it.

Yes I contacted the ceo of aldi, mp emailed also as I requested to know who the landowner is and no one wants to answer me.
Registered disabled may have been the wrong word to use, what I mean is I'm in receipt of disability benefits and have been for over 10 years due to degenerative diseases diagnosed when I was 24, I don't have a blue badge as I try to push through my ailments but when I'm having a bad day and if there isn't regular spaces close enough I will use a disabled bay on private property.
The aldi is on a retail park with other shops there but the space was directly outside.

Okay, so you have a disability and therefore have protected characteristics as defined by the Equality Act 2010 and therefore had the right to use an accessible parking bay. By failing to make reasonable adjustments and anticipating the needs of a disabled motorists, UKPC and the landowner/managing agent have committed indirect discrimination, which is a criminal offence.
By pursuing the claim once they were made aware of your disability, they have committed direct discrimination, which is also a criminal offence.

This needs to be brought to the attention of the landowner and their agent who are equally responsible and liable for the actions of the PPC they have employed.

This is what I thought, and I told them both that directly and dcbl responded with our client will be pursuing the claim as per their terms and conditions which you agree to when parking, you must display a blue badge if parking in a disabled bay, I also made them aware that the blue badge scheme does not apply on private property so their terms and conditions aren't legal or enforceable, clearly not interested one bit as I've now got the court claim!