Disabled badge holder

Waqy1

My uncle parked on three seperate occasions in kings Heath retail park Findlay road and received parking fines for parking in a disabled bay without displaying a badge. He does have a badge but didn’t display it. Is this case worth fighting for? The uncle has receiving a letter before claim from Gladstones. I have advised to complain to the car park owners but are unaware of who actually owns the land. Unsure how to proceed. 

nopcns

Your Uncle has not received any "fine". Does your uncle's disability include any cognitive issues?

Of course it is worth fighting for and quite easy to win if you follow the advice. Have you read the Newbies/FAQ thread yet? The second post deals with the steps after receiving an LoC.

Has your unclean any stage in this process appealed the orignal PCN? Has he explained that he has a valid Blue Badge and sent them a copy?

Waqy1

He can’t find the details of the land owner.

Who should he send the picture of the disabled badge to? 

Fruitcake

Which PPC is your uncle dealing with?

Is this the place? Unfortunately the images from within this car park are out of date (from 2017).



Retail parks often have the details of the managing agent at the bottom of the main site entrance totem sign.

This information by regular poster Umkomaas might be helpful.

SOME IDEAS ON DETERMINING WHO OWNS THE LAND: 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park/site/location, we may have seen other cases there. 

If your uncle needs more time, they should send a copy of their blue badge, even though it doesn't apply on private land, to the solicitors along with a hold instruction stating, "Whilst I deny the debt, I am seeking debt advice and require the case to be put on hold for 30 days as per court pre-action protocol."
This should be sent by email around day 25 from the issue date of the letter of/before claim, along with the other robust advice from the second post of the NEWBIES concerning the LoC stage.

nopcns

Did you uncle tell the parking company that he does have a valid blue badge and show them a copy of it?

If he has a valid blue badge and therefore was allowed to park at the location, then the invoice from the unregulated private parking company is a penalty. A private company cannot "penalise" someone.

Have you read the Newbies/FAQ thread yet?

Coupon-mad

Waqy1 said:

He can’t find the details of the land owner.

Who should he send the picture of the disabled badge to? 

The firm sending the LBC of course.
He must respond. A template response to an LBC is in the NEWBIES thread.  Add to that re the Badge.

D_P_Dance

Some reading,

Equality Act 2010: guidance - GOV.UK (www.gov.uk)

https://www.citizensadvice.org.uk/law-and-courts/discrimination/check-what-type-of-discrimination-youve-experienced/duty-to-make-reasonable-adjustments-for-disabled-people/