UKCPS - PCN for parking in disabled bay (Thorpe Park Business Park, Leeds)

kingstongoldrich

Hello All, great forum and excellent templates and advice.
I fought off APCOA when they tried to fine me for parking in an incorrect bay several years ago but am looking to understand whether things have changed or not.
I would appreciate what is likely some simple advice from you oracles!

Crux of the matter is that I parked in a disabled bay at Thorpe Park Business Park, Leeds for 10mins while popping into a Greggs.
2parts:
I have read around the disabled subject and seen that they cannot fine people parking in spaces  for disabled people, when on private property and that blue badges are only valid when parking on public highways and council related grounds and car parks and am happy with that situation.
Therefore as this was their main reason for issue: In a disabled bay without valid badge displayed it totally invalidates their claim in my eyes??

Second:
These jokers claim to be part of IPC and IAS even though I'm not wholeheartedly convinced they are. Anyway, I have downloaded and filled out the letter on the main site,

2. The no-nonsense approach – tell 'em you won't pay (Part2) 

However, this template says to put your name and address on it which I thought was the first rule to follow- ie NOT giving them your name and add?

Therefore, am I correct to fill out the template but NOT put my details in and for the reasoning either select 

• There was insufficient signage OR
• Mitigating circumstances 

There is a sign in the car park as you go in and one near the disabled spaces but not exactly infront of them or directly behind and THIS WAS MISSED by myself. So can I add this??
Within the Mitigating section I'd expect to put something that doesnt accept liability and state to them the details from the consumer action group, namely "A blue badge has no legal standing on private property" Do I need to add anything extra than those details

Then should I email the letter to them or post it to them and in the event of posting does it need to be recorded delivery?

I'm truly greatful for your help and advice and look forward to beating these cowboys!


Thanks
(Removed by Forum Team)

B789

Are you or was someone in the car with you disabled and a blue badge holder when you parked in the disabled bay? You say you didn't see a sign. Were there disabled bay markings on the ground?

With the above questions in mind, what do you think are your mitigating circumstances?

As it is private land, the owner could paint pink zig-zags around the place and as long as it is clearly stated in their terms, charge anyone parking next to a pink zig-zag £50 if they happen to be in a blue or green car. If you get my drift.

kingstongoldrich

OK, good point yeah there was painted bays, in which I paid so I guess I need to readress the letter to simply state the fact that these blue badges are not valid within private car parks so your request for me to display one is simply irrelevant.....or should I word it differently? 

kingstongoldrich

Also, my son is disabled at the moment as he has broken his leg and the reason for parkingthere compared to a normal space was for the wider space when opening his door

Coupon-mad

That doesn't meet the definition of disability.

kingstongoldrich

So what do you suggest now guys?

Half_way

You say 10 minutes, was this exactly 10 or more than 10 or less?
What parking company is it?
Do you photos of the area?

Unless you, or an occupant of the vehicle has a long term disability, that does not included a broken leg as that, on its own is only temporary then the blue badge not valid on private land attack is not valid

Likewise you have not been fined.

kingstongoldrich

Half_way said:

You say 10 minutes, was this exactly 10 or more than 10 or less?
What parking company is it?
Do you photos of the area?

Unless you, or an occupant of the vehicle has a long term disability, that does not included a broken leg as that, on its own is only temporary then the blue badge not valid on private land attack is not valid

Likewise you have not been fined.

UKCPS, the fine was at 13:05, the transaction at 13:03 at Greggs so it wouldnt have been more than 10mins
So when you're saying ive not been fined are you suggesting to ignore it
I could get photos yeah but havent them at hand

B789

So, you say you knowingly parked in a disabled bay, in a car park on private land, in order to "pop over to Greggs" for 10 minutes. Your child, who has a broken leg, may or may not have been in the car with you, even though a broken leg is not a "defined disability". 

What exactly are you trying to claim as mitigating circumstances? Nothing about a blue badge has relevance to a private car park. If the owner wants blue badge holders to display the blue badge if they use a marked disabled bay, then that is their right. I don't understand how you are using this argument to defend yourself.

Based on what you've told us, you appear to have been issued a PCN correctly. If you're not prepared to take this one on the chin and decide to challenge it, think about what valid arguments you could use. How do you think the above would read to an impartial judge if this went all the way to court?

kingstongoldrich

So in summary, the only valid way of likely overturning this on appeal would be to suggest that a blue badge had fallen or been out of the vision of view from the camera. otherwise its seemingly likely that payment would have to be made

KeithP

The prominence of any signs also needs to be considered.

But it looks to me that you decided to chance it and it didn't work out.