Stadium Retail Park Wembley - overstay with blue badge

DannyinLondon

Hi everyone, I'm new here and have spent quite few hours researching this forum. I received a PCN from UK parking patrol office at Stadium Retail Park Wembley. It was for overstaying by 36 minutes. I know I should use the blue template first but I think we may have a slightly different approach as my daughter (severely disabled) had a seizure while we were there (she has them often). We displayed our blue badge (i know this is not relevant to them). My thinking was to write to the landowner first - I think they are the Orchard Street Investment Management LLP. I may be wrong. In the complaint letter I was planning to say that we had health issues etc. Obviously 90 minutes allowed is never going to be enough to have a meal and do the shopping, take the wheelchair out and back in etc. All this on the 20th DEC - just before Xmas and the parking and shops where packed with people and cars.
Can someone please help - I hate these and it is really upsetting for my family. 
Thank you so much and regards
D

Fruitcake

Plan A is always a complaint from the keeper to the landowner and the keeper's MP, plus in your case citing the Equality Act 2010 and the landowner's failure to ensure they and their agents, UKPPO, anticipate the needs of a disabled person by failing to make reasonable adjustments such as allowing more time. This failure to anticipate the needs of a disabled person with protected characteristics as defined by the Act, and failing to make reasonable adjustments accordingly is indirect discrimination, and a criminal offence.
If the landowner allow their agent, UKPPO, to continue to pursue the motorist once they know an occupant of the vehicle is disabled and has protected characteristics, this would constitute direct discrimination, and be a further criminal offence.

Plan B is an appeal to the PPC using the template in blue text from the sticky Announcement for NEWBIES, plus a paragraph about an occupant being disabled, requiring more time, referring to the EA 2010 as above, and stating that a criminal offence has already occurred, and a further criminal offence will occur if the charge is pursued and not cancelled. 

Wembley Retail Park is frequent flyer on this forum. 

You should get photos of the site and signage to support this when (not if) the PPC reject your appeal.

Local and national press/media might also be interested in your case.

jobbingmusician

All I can say is that I received a ticket for overstaying at a local Tesco.  Once I explained that the car had a blue badge, my fine was cancelled even though I was not parked in a blue badge area.  I did of course prove that there is a BB registered to my address (my husband's).  I would have thought your appeal was completely watertight and that ANY decent company should cancel a fine, especially if you have proof of your daughter's seizure (I appreciate you may not have this if she has them often and you deal with them as a family).

Coupon-mad

I know I should use the blue template first but I think we may have a slightly different approach as my daughter (severely disabled) had a seizure while we were there (she has them often). We displayed our blue badge (i know this is not relevant to them). My thinking was to write to the landowner first - I think they are the Orchard Street Investment Management LLP. I may be wrong. In the complaint letter I was planning to say that we had health issues etc. Obviously 90 minutes allowed is never going to be enough to have a meal and do the shopping, take the wheelchair out and back in etc. All this on the 20th DEC - just before Xmas and the parking and shops where packed with people and cars.

We agree.  Don't use the template.

Did you know fixed time policies are illegal and breach the Equality Act 2010?

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

That's a useful (as in, it's legally still true) but OLD article; the DDA has been superseded by the EA, so don't state the old law.

DannyinLondon

Thank you all for contributing. This is what I typed up ... Just need to find out who the landowner is.

To : Land Manager of 1579 – Stadium Retail Park, Wembley Stadium Park Drive

Ref: Parking Charge Notice (PCN) 63... – from UK Parking Patrol Office

We would like to complain regarding our trip to Wembley Stadium Retail Park on 20th December 2023. We parked in one of the disabled bays due to our young daughter being severely disabled. We use a special wheelchair and she requires two carers at all times (we also have the NHS 2 carers access card) - this entitles our daughter to a blue badge. The badge was clearly displayed on the day. We were shopping in Lidl, visited the sports shop and had a meal at McDonalds. Please understand that for us parking and leaving involves preparing our daughter and her wheelchair and takes considerably more time than for a healthy person. This was just before Xmas and parking was almost full so it took some time to park. Sadly, on that day our daughter also had an epileptic seizure and that has forced us to stay slightly over the parking time limit. We cannot drive if she is having one of her daily seizures. Although, we did not see the sign that said 90 minutes free parking only (The ticket states that we overstayed by 36 minutes) and assumed that it will be three hours like everywhere else. We have shopped there many, many times in the past without any issues.

Would you mind considering this complaint and possibly talking to the UK Parking Patrol Office regarding this issue?

We are thoroughly disappointed and upset with this.  We shall not be visiting or spending money within Wembley Stadium Retail Park in the future, as shall not other family members & friends who are disgusted by this treatment by (UK Parking Patrol Office) the firm you allow to fine people with disabilities for spending their money on your land/in your shops. How can anyone have a meal and do all the shopping they need and fit everything in 90 minutes, especially just before Xmas?

Regards

Hope this is not to much? If someone with more brains then me please just read through so I don't mess this up.
Do I send this email with a copy of blue badge, my daughters latest DR report and possibly a statement showing that we spent money in the retail park?
One more time big Thank you to everyone helping.
Regards
D

Coupon-mad

Where's the bit about the EA?

DannyinLondon

Sorry I thought that was added in my last draft.

We would like to complain regarding our trip to Wembley Stadium Retail Park on 20th December 2023. We parked in one of the disabled bays due to our young daughter being severely disabled. We use a special wheelchair and she requires two carers at all times (we also have the NHS 2 carers access card) - this entitles our daughter to a blue badge. The badge was clearly displayed on the day. We were shopping in Lidl, visited the sports shop and had a meal at McDonalds. Please understand that for us parking and leaving involves preparing our daughter and her wheelchair and takes considerably more time than for a healthy person. This was just before Xmas and parking was almost full so it took some time to park. Sadly, on that day our daughter also had an epileptic seizure and that has forced us to stay slightly over the parking time limit. We cannot drive if she is having one of her daily seizures. Although, we did not see the sign that said 90 minutes free parking only (The ticket states that we overstayed by 36 minutes) and assumed that it will be three hours like everywhere else. We have shopped there many, many times in the past without any issues. Also, consider that Equality Act 2010 and the landowner's failure to ensure them and their agents, UKPPO, anticipate the needs of a disabled person by failing to make reasonable adjustments such as allowing more time. This failure to anticipate the needs of a disabled person with protected characteristics as defined by the Act, and failing to make reasonable adjustments accordingly is indirect discrimination, and a criminal offence.

Would you mind considering this complaint and possibly talking to the UK Parking Patrol Office regarding this issue?

We are thoroughly disappointed and upset with this.  We shall not be visiting or spending money within Wembley Stadium Retail Park in the future, as shall not other family members & friends who are disgusted by this treatment by (UK Parking Patrol Office) the firm you allow to fine people with disabilities for spending their money on your land/in your shops. How can anyone have a meal and do all the shopping they need and fit everything in 90 minutes, especially just before Xmas?

Coupon-mad

Massive paragraphs!  Break them up.

And this is far too weak:

Would you mind considering this complaint and possibly talking to the UK Parking Patrol Office regarding this issue?

They and their agents have broken the law & are harassing your family. Get ANGRY:

Why not search the parking forum for a parking Equality Act breach complaint someone wrote before.  The keywords are pretty easy to guess to find one but I've given you a clue with my bold.

Obviously change the search to NEWEST. Don't read some old rubbish from 10 years ago.

DannyinLondon

Will do thank you. 

DannyinLondon

Hi, just spent hours looking for an example... no luck. I did managed to find the landowner - Quintain Limited. S, I will be trying them first.
I know its a long letter and written "primary school" but I just got so angry writing it.
So this is what it looks like now
----------------------------------

To: Landowner - Quintain Limited - of 1579 – Stadium Retail Park, Wembley Stadium Park Drive

Ref: Parking Charge Notice (PCN) 63... – from UK Parking Patrol Office

We would like to file a complaint regarding our recent trip to Wembley Stadium Retail Park on 20th December 2023 and the PCN we received that day. We parked in one of the disabled bays due to our young daughter being severely disabled. We use a special wheelchair and she requires two carers at all times (we also have the NHS 2 carers access card) and her condition entitles our daughter to a blue badge. The badge was clearly displayed on the day.

We were shopping in Lidl, visited the sports shop and had a meal at McDonalds. Please understand that for us parking and leaving involves preparing our daughter and her wheelchair and takes considerably more time than for a healthy person. This was just before Xmas and parking was almost full so it took some time to park.

Sadly, on that day our daughter also had an epileptic seizure and that has forced us to stay slightly over the parking time limit. We cannot drive if she is having one of her daily seizures. Although, we did not see the sign that said 90 minutes free parking only (The ticket states that we overstayed by 36 minutes) and assumed that it will be three hours like everywhere else. We have shopped there many, many times in the past without any issues.

Also, you as landowner should consider that Equality Act 2010 and the landowner's failure to ensure them and their agents, UKPPO, anticipate the needs of a disabled person by failing to make reasonable adjustments such as allowing more time. This failure to anticipate the needs of a disabled person with protected characteristics as defined by the Act, and failing to make reasonable adjustments accordingly is indirect discrimination, and a criminal offence.

Now, we find ourselves in this stressful situation arising from this unnecessary PCN sent by your agents. You obviously condone such behavior and should be ashamed for doing this. It is utterly disgusting having to write complaints to our MP Barry Gardiner and yourselves instead of caring for our daughter. We want you to cancel this ticket as we will not pay and we owe UKPPA a zero amount! This is utterly illegal! We are also considering posting all this to our local newspaper and your social media accounts.

We are thoroughly disappointed and upset with this. We shall not be visiting or spending money within Wembley Stadium Retail Park in the future, as shall not other family members & friends who are disgusted by this treatment by (UK Parking Patrol Office) the firm you allow to fine people with disabilities for spending their money on your land/in your shops. How can anyone have a meal and do all the shopping they need and fit everything in 90 minutes, especially just before Xmas?

We have attached our Blue badge and our daughter’s recent doctor’s report. 

Regards

------------------------------

Do you think it's ok now or ....

Again, thank you all for helping especially Coupon-mad and Fruitcake 

Le_Kirk

I don't think you can say it is illegal. Change "as shall not other family members" to "nor shall other family members".