Blue Badge displayed Harlow Hospital

Fruitcake

... but did your dad enter his VRM at reception to get free parking?

Plan A is always a complaint from the keeper to the landowner and the keeper's MP. The hospital are lying if they say the motorist has to appeal to the PPC first.

PALS/Hospital CEO/Head of the hospital trust should be reminded of the government parking requirements at hospitals.

NHS car parking guidance 2022 for NHS trusts and NHS foundation trusts - GOV.UK (www.gov.uk)


Plan B is for the keeper to appeal to the PPC, irrespective of what a third party may have done. The keeper must not miss the appeal deadline.

Are non-disabled motorists also required to enter their VRM at reception? If not, then asking a disabled motorist with protected characteristics to do something that an able-bodied person is not required to do is a breach of the Equality Act 2010, which is a criminal offence. The hospital, as principle, are liable for the actions of their agents, therefore they they may have also breached the EA 2010 if this is the case.

Having a cognitive disability is also a protected characteristic as defined by the Act, so reasonable adjustments must be made by law if this is the reason why the motorist failed to enter their VRM at reception.
Failing to make reasonable adjustments before the event is indirect discrimination. Continuing to pursue the motorist once the PPC has been made aware of a disability is direct discrimination. The presence of the BB should have been enough to alert the parking operative that the motorist had protected characteristics, and reasonable adjustments for failing to enter a VRM should have been made at that point. Failing to do so would have constituted direct discrimination at that point.

Car parking Partnership are BPA members and the BPA CoP states that a major typo should result in a £20 charge being issued. Failing to enter a VRM is classed as a major typo, therefore if the £20 charge has not been offered, then a complaint should be made to the BPA by the keeper about this failure. 
Hang fire on that for now as that would be a PoPLA appeal point if required.

Coupon-mad

keithtoon said:

Yes as he is regular visitor. Yes badge was displayed but the photos they took was of front and rear registration numbers no photos of Dads blue badge!

Of course not.  The photos are by remote ANPR cameras, which only ever show number-plates in moving traffic (in and out).  Normal for hospitals.

As I said right the start: are you in time to just appeal as Dad?  Also advised by Grizebeck.  And as advised in the NEWBIES thread, where I make it clear: 'the keeper appeals' (not someone else). 

This is all that was needed.  Attach a copy of 'my' blue badge & write AS DAD not as you.

keithtoon

Coupon-mad said:

keithtoon said:

Yes as he is regular visitor. Yes badge was displayed but the photos they took was of front and rear registration numbers no photos of Dads blue badge!

Of course not.  The photos are by remote ANPR cameras, which only ever show number-plates in moving traffic (in and out).  Normal for hospitals.

As I said right the start: are you in time to just appeal as Dad?  Also advised by Grizebeck.  And as advised in the NEWBIES thread, where I make it clear: 'the keeper appeals' (not someone else). 

This is all that was needed.  Attach a copy of 'my' blue badge & write AS DAD not as you.

"This is all that was needed.  Attach a copy of 'my' blue badge & write AS DAD not as you"
Thank you
I sent copy of blue badge when we appealed.
Yes we have time to re~appeal, will use my fathers name but will have to use my email address.
Will keep you all posted on any updates.
Thank you all so  so much
Kg

KeithP

keithtoon said:
...will use my fathers name but will have to use my email address.

Easy enough to set up a throw away email address on gmail.
Let it sink into oblivion when no longer needed.

B789

keithtoon said:

I sent copy of blue badge when we appealed.

Yes we have time to re~appeal, will use my fathers name but will have to use my email address.

When you originally appealed in the wrong name, did you identify your dad as the driver?

keithtoon

KeithP said:

keithtoon said:
...will use my fathers name but will have to use my email address.

Easy enough to set up a throw away email address on gmail.
Let it sink into oblivion when no longer needed.

Yes, New Email created. 
Will now appeal as me dad!
Thank you
Kg

keithtoon

B789 said:

keithtoon said:

I sent copy of blue badge when we appealed.

Yes we have time to re~appeal, will use my fathers name but will have to use my email address.

When you originally appealed in the wrong name, did you identify your dad as the driver?

NEVER named the driver, as instructed in NEWBIES post.

Coupon-mad

Yes but a complete stranger to the contract appealing 'on behalf of' the keeper was worse than naming the driver, because it's no appeal at all!  Third parties can't do this in their name.

Hopefully sorted, by Dad appealing in his name. You will have to check that email account weekly at least.

keithtoon

Coupon-mad said:

Yes but a complete stranger to the contract appealing 'on behalf of' the keeper was worse than naming the driver, because it's no appeal at all!  Third parties can't do this in their name.

Hopefully sorted, by Dad appealing in his name. You will gave to check that email account weekly at least.

thank you and will keep you updated!

keithtoon

UPDATE
Hi Guys,
Father received this letter 15th nov. Yes we appealed via their appeal system but never recieved a reply. We cut and pasted the request of information from the NEWBIES section as advised. The driver has NOTbeen named!
 " There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle"
Do we panic????   Also who actually has to go to court if driver not named?   Thank you for the help! been named!
 " There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle"