Parking ticket ukpc

Littlemissgrey

@Fruitcake I've also been unsuccessful in finding out who the landowner or managing agent's are, tried Google, there's nothing on the sign where all the company names are, asked aldi, found some planning permissions that were put to the council with a company on there, emailed them, no reply!

Fruitcake

Please tell us the precise location in case it has cropped up here before.

As advised by Umkomaas, for a definitive answer it is worth spending the few pounds it costs to purchase the landowner details from the Land Registry.

Did you provide the claimant with proof of your medical condition/disability? If not, I think you should do so now as well as state in your defence that it will be provided to the court.

Littlemissgrey

@Fruitcake, 
It's snowhill retail park Wakefield.
I will do that, once I find out do I just inform them of the situation and wait to hear from them or do I need to do a formal written letter by post? 

Fruitcake

You can contact anyone by email and include copies of your proof of medical condition as an attachment. Be forceful in your complaints and ensure to quote the relevant parts of the Equality Act about indirect and direct discrimination, and the landowner's liability with regard to breach of the Act being illegal.
When sending anything by email, send it to yourself as well as proof of sending.

If you do need to send anything by post, it should be sent first class from a Post Office counter whilst obtaining the all important free proof of posting.

Fruitcake

Was it one of these spaces? There were no signs in May 2018 which is a breach of the BPA CoP.

Wakefield, England - Google Maps

There were no signs in March of this year either. On the balance of probabilities there have never been signs that could be read from the driver's seat of a vehicle parked in an accessible bay adjacent to the Aldi store at this site.

Wakefield, England - Google Maps

In any case, UKPC signs are always inadequate, the charge for breaching Ts and Cs is always in tiny font, unreadable from a car length away, incapable of holding a motorist liable, and always breach the BPA CoP.

Nothing will affect your ability to obtain credit as long as you follow the advice on this forum and defend this properly. 

When did the alleged event occur? This will determine which version of the BPA CoP applied at the time of the parking event.

Littlemissgrey

@Fruitcake
It was 10/08/22 and yes exactly where the blue car is parked.
Thank you I will find out who the landowners/agents are.

Fruitcake

This is the BPA CoP in effect at the time of the alleged event.

AOS_Code_of_Practice_January_2020_v8(2).pdf (britishparking.co.uk)

This is the relevant part of that CoP with regards to disabled motorists.

19.9 So that disabled motorists can decide whether they want to use the site, there must be at least one sign containing the terms and conditions for parking that can be viewed without needing to leave the vehicle. Ideally this sign must be close to any parking bays set aside for disabled motorists. 

Littlemissgrey

@FruitcakeSo does that mean they are correct in saying I should of displayed a badge? As my understanding is that this doesn't apply in private car parks?

KeithP

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.

With a Claim Issue Date of 7th June, you have until Monday 26th June to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 10th July 2023 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

Littlemissgrey said:

@FruitcakeSo does that mean they are correct in saying I should of displayed a badge? As my understanding is that this doesn't apply in private car parks?

It can apply.  Anything can apply.

Of course a PPC is entitled to 'observe' the Blue Badge scheme, as that is a reasonable thing to do when policing accessible bays on private land - but the scheme itself is a Council one only.

And it isn't the ONLY indicator of disability need.

By using blue badges to establish who may be entitled to park, a PPC is adopting a scheme that's not strictly applicable - but there's no reason why they can't have it on their signs and expect to see a blue badge.

The difference is that once they know the person was disabled, pursuing that person for the parking charge is unconscionable harassment and potentially a breach of the Equality Act 2010.

A contract law charge cannot be pursued to punish the driver for minor error and nor can it breach or operate against consumer law.

As such, it is great that you have told them you are genuinely a driver with significant 'protected characteristics' which impact your daily life and stamina when shopping.

But when did you tell them this? Only now?

Look, a charge for 'overstay' by relying on an inflexible time limit policy is illegal:
http://news.bbc.co.uk/1/hi/uk/8488737.stm

I hope you've spotted from reading the DCBLegal discontinuances thread by @Umkomaas, that DCBLegal will drop it later on, before the hearing, you follow the advice in the Template Defence thread, and then read the NEWBIES thread (second post only) section about 'know what happens when' and crack on and do your later Witness Statement & evidence.

That's when they'll try to persuade you to settle, then they will give up. Later this year!

DO NOT WAIT FOR A LANDOWNER RESPONSE.

First, read the resources that KeithP has directed you to, then ideally by next week, get the AOS done online, then show us your planned paras 2, 3 and 4 that will slot into the template defence.