Disabled badge was partially covered!

bandolockdown98

Hi, so I got parking ticket by ukpc for parking in a disabled bay with my badge ' not on clear display '.  What basically happened is that I went to Brent cross shopping centre in London and parked outside but I forgot to display my badge after I got of the car. So I told my little nephew to put it up. He did but the timecard was partially covering the badge so you couldn't exactly see if it's valid, but you could see it's valid for the year. Eg: xx/xx/2023
You could see it's valid for 2023, and it was still valid.  Now I read the newbies thread and did send them the blue template as an appeal but they weren't having it.
So what do I do now? I understand to not identify who the driver was. But what is the best approach to get it cancelled?  They took clear pictures of my car and blue badge and they took a picture of the sign that said 'blue badge must be clearly displayed' but paying £60 for something like a simple error by my 10 year old nephew is ridiculous! Do I appeal again? 

Any help appreciated!

Half_way

Tell the parking company an occupant of the vehcle had a protected characteristic as  per the equality act and was making use of the reasonable adjustments provided, and as such they just cancel the parking charge notice with immediate effect in order to prevent the possibility of legal action being sought over this, and
Complain to the shopping centre, tell them an occupant of the vehicle had a protected characteristic as per the equality act, and their agents for whos actions they are jointly liable for are causing the shopping centre to breach the equality act

Fruitcake

As above, Plan A is always a complaint from the registered keeper to their MP and the landowner or landholder. If a landowner cancellation is not forthcoming, then ignore UKPC's reply and await a PoPLA code, then construct a PoPLA appeal using all the relevant points you will find in the third post of the NEWBIES.
Post your draft here before submitting it, but don't appeal to PoPLA until the landowner cancellation route has been exhausted.

Your PoPLA appeal will include

No breach of Ts and Cs (The clock is not part of the blue badge and I doubt displaying the clock was stated on the signs)
The blue badge scheme does not apply on private land. 
Breach of the Equality Act 2010 - operator failed to make reasonable adjustments for a disabled motorist
Not the landowner
No standing to issue charges in their own name
Inadequate signage (UKPC signs always fail to mee the BPA CoP requirements)
Any PoFA failures if relevant
Any other BPA CoP failures if relevant
Anything else relevant.

fisherjim

You are dealing with a scam, they are only after money they have no interest what so ever in managing any car parks.

@Half_Way and @Fruitcake are quite correct; the Blue Badge scheme was not developed or applicable to private car parks, the only reason it needs to be displayed is for the convenience of the PPC's attendants.

In effect the appeal system outlined by the BPA should point UKPC to accepting the retrospective proof that the bay was quite clearly being used appropriately, as indeed the evidence on the day showed anyway.

However, UKPC works on a business model where their attendants are classed as "business units" incentivised to make money via a profit related scheme that sails very close to the wind, and the BPA allow it!

I would hope that the Brent Cross management would get this ridiculous scam charge cancelled, they seem proud of their accessible car parking contact them here:

https://www.accessable.co.uk/hammerson/brent-cross

Coupon-mad

You didn't try PLAN A first?

bandolockdown98

fisherjim said:

You are dealing with a scam, they are only after money they have no interest what so ever in managing any car parks.

@Half_Way and @Fruitcake are quite correct; the Blue Badge scheme was not developed or applicable to private car parks, the only reason it needs to be displayed is for the convenience of the PPC's attendants.

In effect the appeal system outlined by the BPA should point UKPC to accepting the retrospective proof that the bay was quite clearly being used appropriately, as indeed the evidence on the day showed anyway.

However, UKPC works on a business model where their attendants are classed as "business units" incentivised to make money via a profit related scheme that sails very close to the wind, and the BPA allow it!

I would hope that the Brent Cross management would get this ridiculous scam charge cancelled, they seem proud of their accessible car parking contact them here:

https://www.accessable.co.uk/hammerson/brent-cross

Should I contact Brent Cross shopping centre as the driver or should I just act as the third person here in this regard and not admit I was the driver? And how should the complaint go? 
Should I tell them the full story or just make up a lie and withhold some information?

Thank you for your advice!

bandolockdown98

Just for context, this is what "evidence" they have against me:



I don't even know if this signage is the one on their property or just a generic one they pulled from a random place.
What is the best defence possible here before I make a decision. Last time I contacted the MP they were of no help and POPLA just parrots whatever rubbish the parking company says.

Usually the blue template works so I'm surprised it didn't this time.

KeithP

Isn't that amazing!!

The timestamps on those two photographs you have shown us have exactly the same timestamp - to the second.

We will have to assume they had two synchronised photographers.

Anyone think of another way UKPC could've managed that?  

bandolockdown98

This disabled badge has now expired and I got a new one. Not sure if that makes a difference? Could I send a picture of my disabled badge to the parking appeal in hope that will cancel it? or would they not care or notice that its not the same one? as my new one ends in 2024 and this on the image says 2023.

Coupon-mad

Of you've already appealed to UKPC you can't repeat that stage but please tell us when the shopping centre cancel it next week.

bandolockdown98

Coupon-mad said:

Of you've already appealed to UKPC you can't repeat that stage but please tell us when the shopping centre cancel it next week.

Should I contact the shopping centre and explain them the situation or do you think I should make up a lie as it might work against my favour telling the truth?

oh and UKPC website still lets me appeal for some reason. I think it's because I didn't admit to being the driver and they want that admission from me as letter implies. should I still appeal then or go contact the shopping centre route?