Excel parking fine (disabled bay)

X2567843

I’ve received a PCN notice on my vehicle for parking in a disabled bay without a blue badge. It’s free parking so it’s just the contravention for parking in a disabled bay. 

I have a letter from Universal Credit dated back to September 2022 confirming the following that I am unable to work or have limited capacity to work due to my health condition.  The letter also states the following: 

You may get extra money because of your disability or health condition. Changes to your payments will show up on your statement when they happen.

The extra money is awarded from 3 months after the date you first gave us evidence of your health condition or disability, unless an exception applies.

My CURRENT universal credit statement dated 1st December confirm that I’m still being paid for limited capacity to work basically confirming the above.  

I do not hold a blue badge due to not using my car often and not receiving PIP.  So the rules are very hard making it difficult for me to obtain a blue badge. 

The space I parked in says “disabled parking only”.

It doesn’t say “blue badge holders only”. 

The parking rules are displayed further down the brick wall out of sight of the space I parked in.  It stipulates with the picture of “disabled parking only” that you must display a blue badge. 

When the PCN comes in the post and I ignore it until they take me to court, do I have a good case for discrimination as my letter confirms my health condition and disability and I parked in that space because the sign said disabled parking only?  Are they going to argue and win the case with the fact that I should have walked around the car park and looked at the signs?  However, again, being disabled and having limited mobility I’m not going to walk around a car park looking for signs which would cause me more issues when I’m wanting to do my shooing and get home.  

Thank you for any help. 

swingaloo

I think pretending that you dont know  that you need a Blue badge to park in a disabled space is pushing it. You dont need to walk round the car park to look at signage to be aware you need a badge. Claiming discrimination is ludicrous.
Your letter does not say you have a disability, it says 'Disability or Health Condition' . My son has a health condition but he is not disabled. 
Disability or not, you do not have a Blue Badge so no right to park where you did. Depending on your local council it may not be necessary to be claiming PIP to be entitled to a badge. 

KeithP

X2567843 said:

When the PCN comes in the post and I ignore it until they take me to court...

That's probably not a good stance to take.
The guidance here is to challenge the first appeal.
For information on how to do that, have a read of the opening post on the NEWBIES thread.

X2567843 said:

However, again, being disabled and having limited mobility I’m not going to walk around a car park looking for signs which would cause me more issues when I’m wanting to do my shooing and get home.  

I suggest you reconsider that stance too.
As you don't have a blue badge, it might be prudent to avoid parking in spaces reserved for blue badge holders.

Coupon-mad

swingaloo said:

I think pretending that you dont know  that you need a Blue badge to park in a disabled space is pushing it. You dont need to walk round the car park to look at signage to be aware you need a badge.

Disability or not, you do not have a Blue Badge so no right to park where you did.

Not quite true. Not on private land.

Blue Badges really only apply on-street and not on private land.

If a private operator (ex-clamper litigious timewaster) or landowner provides an accessible bay and marks it for 'disabled' patrons only then that is the contractual offer. 

The right to use that provision flows from the Equality Act 2010 and is not dependant upon any kind of permit.

The law takes preference.  If the OP meets the definition of disability in the EA then they have the legal right to 'reasonable adjustments'.

Secondary to that, there is the law of contract as offered. Which must be interpreted in the way that mist favours the consumer.

The OP should appeal even though it's futile, in order to tell Excel that they are disabled and to provide their evidence and details of medical condition.  The reason is to set the scene, so Excel can't later tell a Judge that they didn't know.

Having said the above, I wouldn't have used an accessible bay.

X2567843

Coupon-mad said:

swingaloo said:

I think pretending that you dont know  that you need a Blue badge to park in a disabled space is pushing it. You dont need to walk round the car park to look at signage to be aware you need a badge.

Disability or not, you do not have a Blue Badge so no right to park where you did.

Not quite true. Not on private land.

Blue Badges really only apply on-street and not on private land.

If a private operator (ex-clamper litigious timewaster) or landowner provides an accessible bay and marks it for 'disabled' patrons only then that is the contractual offer. 

The right to use that provision flows from the Equality Act 2010 and is not dependant upon any kind of permit.

The law takes preference.  If the OP meets the definition of disability in the EA then they have the legal right to 'reasonable adjustments'.

Secondary to that, there is the law of contract as offered. Which must be interpreted in the way that mist favours the consumer.

The OP should appeal even though it's futile, in order to tell Excel that they are disabled and to provide their evidence and details of medical condition.  The reason is to set the scene, so Excel can't later tell a Judge that they didn't know.

Having said the above, I wouldn't have used an accessible bay.

So am I right in thinking that after what you’ve read, my appeal is futile?  I’m going to lose anyway? 

elsien

Most appeals are futile in the sense that they are unlikely to be upheld. 

As per coupon-maid’s comment though it’s  about the importance of setting the scene in case it does end up in front of a judge.

Coupon-mad

Yes of course it's futile (we all know that) but that's not a reason to pay!

Nothing works for an IPC AOS firm because they don't offer any appeal worth trying.  Their bad.  Not a reason to pay.

Once your appeal is refused. DO NOT TRY IAS, just ignore anything other than a LBC or court claim.  This is why it's important for Excel to KNOW now about your medical condition because that lessens their case.

Fruitcake

The blue badge scheme does not apply on private land, no matter how much the unregulated private parking sector would like it to. They will however ignore the Equality Act 2010, and will ignore any proof of a disability other than a blue badge. It's not right and it's not fair, but that's what these companies do.

An absence of a blue badge does not mean an absence of a disability, but PPCs don't care. Service providers, and parking companies are required to make reasonable adjustments for people with disabilities. This could include the provision of accessible parking bays for people with protected characteristic disabilities.
Failing to anticipate the needs of a disabled person is indirect discrimination, a breach of the EA, and a criminal offence. Once the service provider has been made aware of a person's disability, to continue to pursue them for an alleged breach of contract concerning their legitimate use of an accessible parking bay becomes direct discrimination, a further breach of the EA, and a further criminal offence.

In court you would stand a chance of beating this because you had a right to use an accessible bay, and it's a breach of the EA 2010, but Excel will not back down, the IPC will not care, and the IAS will disregard it.

Plan A is always a complaint to the landowner and your MP. Highlight the breach of the EA 2010 by the actions of their sub-contractor, for which they are jointly liable, and emphasise the potential criminal charges for which the landowner may be liable if this ends up in court.

When the NTK arrives, I suggest you do not ignore it but appeal it using the template in blue text from the sticky Announcement for NEWBIES, plus a brief statement that the driver is disabled and has protected characteristics etcetera, and by pursuing the charge, Excel will be in breach of the EA 2010 and liable for criminal charges.

It won't do any good, but assuming Excel continue to court, you will be able to show the judge that you tried to be reasonable.
 Meanwhile, get photos of the site and signage, especially showing the wording of signs in or near the accessible parking bay in question, or the lack thereof.

X2567843

Coupon-mad said:

Yes of course it's futile (we all know that) but that's not a reason to pay!

Nothing works for an IPC AOS firm because they don't offer any appeal worth trying.  Their bad.  Not a reason to pay.

Once your appeal is refused. DO NOT TRY IAS, just ignore anything other than a LBC or court claim.  This is why it's important for Excel to KNOW now about your medical condition because that lessens their case.

Ok thank you.  When my assessment was done by DWP, I didn’t get a copy of it.  I only got that letter of confirmation.  

My GP charges £50 to write a letter.  Is the letter that I have from UC confirming my health condition / disability, along with proof of the additional payment I get for it shown on my last UC statement enough proof? 

Or do you believe I need a letter written from a healthcare professional to confirm my health condition / disability? 

X2567843

Fruitcake said:

The blue badge scheme does not apply on private land, no matter how much the unregulated private parking sector would like it to. They will however ignore the Equality Act 2010, and will ignore any proof of a disability other than a blue badge. It's not right and it's not fair, but that's what these companies do.

An absence of a blue badge does not mean an absence of a disability, but PPCs don't care. Service providers, and parking companies are required to make reasonable adjustments for people with disabilities. This could include the provision of accessible parking bays for people with protected characteristic disabilities.
Failing to anticipate the needs of a disabled person is indirect discrimination, a breach of the EA, and a criminal offence. Once the service provider has been made aware of a person's disability, to continue to pursue them for an alleged breach of contract concerning their legitimate use of an accessible parking bay becomes direct discrimination, a further breach of the EA, and a further criminal offence.

In court you would stand a chance of beating this because you had a right to use an accessible bay, and it's a breach of the EA 2010, but Excel will not back down, the IPC will not care, and the IAS will disregard it.

Plan A is always a complaint to the landowner and your MP. Highlight the breach of the EA 2010 by the actions of their sub-contractor, for which they are jointly liable, and emphasise the potential criminal charges for which the landowner may be liable if this ends up in court.

When the NTK arrives, I suggest you do not ignore it but appeal it using the template in blue text from the sticky Announcement for NEWBIES, plus a brief statement that the driver is disabled and has protected characteristics etcetera, and by pursuing the charge, Excel will be in breach of the EA 2010 and liable for criminal charges.

It won't do any good, but assuming Excel continue to court, you will be able to show the judge that you tried to be reasonable.
 Meanwhile, get photos of the site and signage, especially showing the wording of signs in or near the accessible parking bay in question, or the lack thereof.

This is so incredibly helpful. Thank you very much. 

fisherjim

I think you are confusing these chancers with real parking authorities they are not, they are in it for the money nothing else, in fact we know of one PPC that told their parking attendants to hit the disabled bays at a hospital to get their bonus in!

If the signage says “disabled parking only” it does not tell you to display anything and they are the terms of the contract you entered.

I cannot understand your reasoning about not getting a Blue badge, have you actually tried, the conditions you outlined are only some of the conditions, but nowhere on the form from my recollection does it mention how often you use a car, and the badge is issued to the individual not the car.

I used to get a badge for my MOL (now sadly deceased) but it was applied to via the local council and she didn't get any of the benefits you mention.