UKPC - Retail park overstay

AuthenticAMD

Hi all,

The driver had parked in a retail park with their disabled passenger in order to purchase an item of furniture from a branch of Oak Furnitureland (using a 'friends and family' discount of an acquaintance who works there), as well as browse the other shops and patronise the branch of coffee chain, all located on the same retail park.

However there was a maximum stay of 3 hours, of which the driver and their passenger had stayed 3 hours and 32 minutes.

In terms of asking OFL to cancel the ticket, the acquaintance in question had received a parking charge themselves previously, and was unable to get it discharged by OFL. As the driver visited several shops on the site, I was considering contacting the landowner of the retail park. However I am unable to find the owner of the site, they show up in a portfolio for Edgerley Simpson Howe, but are they the actual landowners or are they just simply advertising the sale of the retail units?

Here is the letter sent, and the sign displayed at the car park.

Thanks in advance for your help and advice.

Coupon-mad

Complain to the agents, ESH, and attach a copy of the Blue Badge and point out that they (ESH) are jointly and severally liable for indirect discrimination, arising from a failure by their ex-clamper parking agents to provide disabled persons with a 'reasonable adjustment' of time (i.e. the means to claim more time than an able-bodied person is allowed. This is a legal right).

This conduct is illegal:
http://news.bbc.co.uk/1/hi/uk/8488737.stm#:~:text=The%20UK's%20big%20supermarkets%20are,face%20penalty%20charges%20for%20overstaying.

AuthenticAMD

Hi @Coupon-mad, thanks for your response!

How does this email sound? There's two email addresses listed on the sales brochure for the retail park.

Dear sirs,

I'm writing to you as Edgerley Simpson Howe are the agents for Taunton Retail Park, TA1 2LR.

On 29th November 2023, the driver and disabled passenger (with valid blue badge, see attached) were parked on the site, patronised several of the businesses on this site. However this resulted in an overstay of 30 minutes of the allowed time of parking, and as the registered keeper of the vehicle, have since received a parking charge from UK Parking Control (UKPC).

Under the Equality Act 2010, parking operators, landowners, and their agents, must make reasonable adaptations, such as a 'reasonable adjustment' of time, to accommodate disabled people, as per their legal right.

UKPC, as well as the landowner, BP Investment Management Ltd, and their agents, are jointly and severally liable for the indirect discrimination cased by UKPC.

I, on behalf of the driver, ask for your cooperation on getting UKPC to cancel this discriminatory parking charge. For reference the Parking Charge Reference Number is XXXXXXXX.

Regards,

AuthenticAMD

Coupon-mad

Reasonable adaptations?!

KeithP

The last sentence of your proposed email would be better starting...
"On behalf of the driver, I ask for your cooperation...".

AuthenticAMD

Coupon-mad said:

Reasonable adaptations?!

A phrase I saw used by the government and others relating to the Equality Act, which replaced the Disability Discrimination Act referenced in your article.

Would another phrase such as 'allowances' fit better?

Coupon-mad

I gave you the right legal phrase in my reply!

GrannyKate

Date typo in your draft 29 Nov 2023?  should this be October

AuthenticAMD

Hi all,

Thank you all for your help and spotting the typos, how does this revised copy sound? Also when I attach a copy of the blue badge, I presume there's nothing I need to redact from it?

Dear sirs,

I'm writing to you as Edgerley Simpson Howe are the agents for Taunton Retail Park, TA1 2LR.

On 29th October 2023, the driver and disabled passenger (with valid blue badge, please see copy attached to this email) were parked on the site, patronised several of the businesses on this site. However this resulted in an overstay of 30 minutes of the allowed time of parking, and as the registered keeper of the vehicle, have since received a parking charge from UK Parking Control Ltd (UKPC).

Under the Equality Act 2010, parking operators, landowners, and their agents, must allow a 'reasonable adjustment' of time, to accommodate those with disabilities as per their legal right.
UKPC, as well as the landowner, BP Investment Management Ltd, and yourselves as their agents, are jointly and severally liable for the indirect discrimination caused by UKPC.

On behalf of the driver, I ask for your cooperation on getting UKPC to cancel this discriminatory parking charge. For reference the Parking Charge Reference Number is XXXXXXXX.

Regards,
AuthenticAMD

Again, thank you all for your help so far.

Coupon-mad

I would cover part of the number which appears on both sides.

Why 'on behalf of the driver'? 

I'd change this:

an overstay of 30 minutes of the allowed time of parking

To this:

a technical allegation of 'overstay' of some minutes over the fixed policy of allowed parking time.

AuthenticAMD

Good points, thank you. I've amended below.

Dear sirs,

I'm writing to you as Edgerley Simpson Howe are the agents for Taunton Retail Park, TA1 2LR.

On 29th October 2023, the driver and disabled passenger (with valid blue badge, please see copy attached to this email) were parked on the site, patronised several of the businesses on this site. However this resulted in a technical allegation of 'overstay' of some minutes over the fixed policy of allowed parking time, and as the registered keeper of the vehicle, have since received a parking charge from UK Parking Control Ltd (UKPC).

Under the Equality Act 2010, parking operators, landowners, and their agents, must allow a 'reasonable adjustment' of time, to accommodate those with disabilities as per their legal right.
UKPC, as well as the landowner, BP Investment Management Ltd, and yourselves as their agents, are jointly and severally liable for the indirect discrimination caused by UKPC.

I ask for your cooperation on getting UKPC to cancel this discriminatory parking charge. For reference the Parking Charge Reference Number is XXXXXXXX.

Regards,
AuthenticAMD