Blue badge advice please for appeal of parking fine.

steff007

Hi everyone,

Just under the one size fits all template it says,

- If an occupant of the car is disabled or elderly/infirm, then the keeper can add that, without implying who was driving.

- A copy of the Blue Badge is a good idea to upload/attach but without saying who parked.

My question is, when the registered keeper appeals the fine they have received, do they include a photo of both sides of the blue badge? I ask as they are a bit nervous because it has a picture of the disabled person on it.

Thank you for any advice received.  

Richard1212

The Blue Badge does not allow the holder ( or their driver eg taxis) to use it anywhere :  not just in the obvious places like where you car is obstructing traffic or causing obvious problems for others, but also in many hospital, supermarket, airport, etc carparks ( check each such place before parking).
I would have thought that showing a photo of the infirm Blue Badge holder would only be a good thing. Good luck with Appeal.

Coupon-mad

Cover the photo.

@Richard1212 this isn't an Authority, it's a scam PPC from a rotten industry (currently being regulated by the Government to stop them).

You don't hand the likes of ex-wheel-clamper bullyboys a complete data document.  Think about what a scammer could do with it.

There isn't a real 'appeal' either...

@steff007 the first step is NOT appeal.  Please do what the NEWBIES thread says - PLAN A first.

1505grandad

Who is the parking company?

Also if from a ppc it is not a fine.

B789

Just provide it with the photo suitably redacted like this:

Half_way

Council issued tickets are very different to private company issued tickets (PPC)

With private land where the public, or employees are invited on - ie car parks fall under the Equalities act, also known as Disability discrimination.

 If an individual has a long term condition - known as a protected characteristic, or better known as a disability then the landowner has to make reasonable adjustments so in the context of a private car park this could be, but not limited to: Disabled bays with larger spaces, disabled bays on level ground /hard standing ., assisted parking etc.

However not everyone who has a protected characteristic - aka disability may possess a blue badge , there can be a myriad of reasons for this from not wanting one as its a sign of giving in, to not believing they are disabled enough , however these individuals may be having a bad day and will need to make use of the provision of which they are entitled to under the Equalities act (EA), then there is also the issue of the blue badge if the person has one being forgotten, fallen off and so on .

If a vehicle that has an occupant with a protected characteristic/disability uses provision made under the EA and then that vehicle gets a parking charge notice the correct course of action is that the registered keeper should inform the parking company that the charge must be cancelled as an occupant has a disability which is a protected characteristic under the Equality act , failure to cancel the parking charge notice will be seen as a breach of the Equalities act, and legal action may follow with regards to this.

 If they cancel then alls well that ends well.

If they dont then you go for the car park owner, as principal they are jointly and severally liable for the actions of their agents - the parking company and at the point their agents, the parking company refuses to cancel then they have breached the Equality act .

 You then give the landowner the option to instruct their agent the un regulated parking company  to cancel the parking charge notice with immediate effect and   provide evidence and assurances  that this will never happen again, and if they do this then as a gesture of goodwill you will not consider pursuing legal action against the landowner for Discrimination under the equalities act/disability discrimination

Richard1212

Coupon-mad said:

Cover the photo.

@Richard1212 this isn't an Authority, it's a scam PPC from a rotten industry (currently being regulated by the Government to stop them).

You don't hand the likes of ex-wheel-clamper thugs a complete data document.  Think about what a scammer could do with it.

There isn't a real 'appeal' either...

@steff007 the first step is NOT appeal.  Please do what the NEWBIES thread says - PLAN A first.

Who mentioned this was a scam ? I see no reason to suggest that, especially as O/P is going to an appeal.

Coupon-mad

I assume you are new to this board!  You have much to learn if you really want to know.

@Richard1212 - You did ask!  Where do I start?!

These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

These are the exact words used.

Fast forward to 2022 after the Private Parking (Code of Practice) Act 2019 was enacted and the DLUHC published the Code they want to implement to stop the "cowboys" (the DLUHC's word) the Minister responsible said that parking operators with their huge charges and disproportionate fees were:

'extorting money from motorists':

https://www.gov.uk/government/news/government-clamps-down-on-rogue-parking-firms-with-new-code-of-practice

The Government is replacing the kangaroo court 'appeals services' with a properly independent one, from 2024. 

Sadly, the cowboys threw their toys out of the pram and blocked the Government for over a year with two or three Judicial Reviews which has allowed the worst rogues to 'carry on scamming' for a while longer.

And in 2023 we are still stuck with the kangaroo courts and 'outrageous scam' 'extortion' for a while longer but the Government is pressing ahead to get past the legal blocks:
https://forums.moneysavingexpert.com/discussion/6463361/dluhc-private-parking-code-government-launches-call-for-evidence-discussion-thread/p1

I'm on the Government Steering Group representing consumers.

With a few other determined people/motoring groups on the 'good side' I have been fighting for the new Code to be robust, exposing the worst practices, opening the eyes of Ministers and helping to shape what's in it, since 2020.

Slowly, slowly catchee monkey...

YES, we are certainly talking about a rotten industry. We don't even need to know which parking firm this is, to properly advise this OP.

Richard1212

Coupon-mad said:

I assume you are new to this board!  You have much to learn if you really want to know.

@Richard1212 - You did ask!  Where do I start?!

These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

These are the exact words used.

Fast forward to 2022 after the Private Parking (Code of Practice) Act 2019 was enacted and the DLUHC published the Code they want to implement to stop the "cowboys" (the DLUHC's word) the Minister responsible said that parking operators with their huge charges and disproportionate fees were:

'extorting money from motorists':

https://www.gov.uk/government/news/government-clamps-down-on-rogue-parking-firms-with-new-code-of-practice

The Government is replacing the kangaroo court 'appeals services' with a properly independent one, from 2024. 

Sadly, the cowboys threw their toys out of the pram and blocked the Government for over a year with two or three Judicial Reviews which has allowed the worst rogues to 'carry on scamming' for a while longer.

And in 2023 we are still stuck with the kangaroo courts and 'outrageous scam' 'extortion' for a while longer but the Government is pressing ahead to get past the legal blocks:
https://forums.moneysavingexpert.com/discussion/6463361/dluhc-private-parking-code-government-launches-call-for-evidence-discussion-thread/p1

I'm on the Government Steering Group representing consumers.

With a few other determined people/motoring groups on the 'good side' I have been fighting for the new Code to be robust, exposing the worst practices, opening the eyes of Ministers and helping to shape what's in it, since 2020.

Slowly, slowly catchee monkey...

YES, we are certainly talking about a rotten industry. We don't even need to know which parking firm this is, to properly advise this OP.

You are obviously obsessed with this subject---and I am certainly no expert. But I DO know that most parking restrictions are fair and legal. I also know that having a Blue Badge holders do not have carte blanche to park where they want, and should read signs very carefully. 

There are surely rogue companies out there and I wish you luck in your very obvious campaign against them. As for me, I just follow the legal rules as they are set out  and stay away from any "dubious" carparks or parking places.   

B789

          

Coupon-mad

Richard1212 said:

Coupon-mad said:

I assume you are new to this board!  You have much to learn if you really want to know...

There are surely rogue companies out there and I wish you luck in your very obvious campaign against them. As for me, I just follow the legal rules as they are set out  and stay away from any "dubious" carparks or parking places.   

And so do I.  Never get a private PCN.

How do you propose drivers (even doing what you and I do as good drivers) can avoid scams like these?  Nothing dubious about supermarket car parks and I'm sure you use them.

Examples: 

Visit a shop twice in 24 hours and you will get a PCN saying you were there overnight (all ANPR operators do this, due to not bothering to check AI data from ANPR to void those where the car left and returned hours later, or even the next day).

VERY common indeed, here are two:

https://www.lancs.live/whats-on/shopping/tesco-fined-35-visiting-store-26673050

https://www.mirror.co.uk/money/asda-shoppers-fined-70-using-25944480.amp


or how do you avoid this?
Completely different car but no human has checked the AI data:

https://forums.moneysavingexpert.com/discussion/comment/80235980/#Comment_80235980



And what about fraudulent stuff:

UKPC falsified timings:

https://www.bbc.co.uk/news/uk-england-lincolnshire-34402322.amp

UKCPM put a sign up after cars parked:

https://www.bbc.co.uk/news/uk-wales-47772305.amp


Armtrac's machine only allowed 3 digits to be typed in, making it impossible to comply:

https://www.cornwalllive.com/news/cornwall-news/countless-tourists-preyed-on-armtrac-7275984.amp


That's just scratching the surface.

Luckily for UK drivers, the Government is prepared to listen to me (and Motoring Groups) on the Steering Group and has not only sussed this scam but is about to regulate the industry and ban the two rival 'kangaroo courts'.