Parking ticket issued for parking at Lakeside Thurrock in disabled bay but my badge was out of date

happy_sunlover1

Hello Everyone, I know i broke the rule of parking in disabled bay with out of date badge but please let me explain. My badge expired on 12th March 2024. I applied for renewal in April and was told it will take up to 12 weeks for renewal with Essex County Council. I emailed 7 councillors and Head of Essex County Council. I received reply from one Councillor who said Essex County Council deadlines are  within the time frame. I went to Lakeside in Thurrock on 20th April 2024. I drove around looking for "normal" parking space but they were all taken. The only available spaces were on other side of road. As I have severe limited mobility walking due to having stroke 12 years ago, I could not even attempt that distance. I only wanted to go into Primark. There was one disabled parking bay right outside Primark so against my better judgement, I parked in it. I displayed my out of date badge I returned to car after short time and went home. A few days later, I received a parking charge notice  from Premier Park through the post. I instantly appealed  online, laying out my reasons for parking in the bay and the difficulty I was experiencing in renewing my badge. I told Premier Parking that I have severe mobility issues due to my stroke, have to use a walking aid, have cognitive impairment, experience social anxiety and become extremely distressed in social areas, I told Premier Parking this can all be proven by way of medical evidence by way of letters. I provided Premier Parking evidence of my badge renewal application from Essex Council. I told Premier Parking that  am  deemed unable to work and live on very limited income of  Disabled benefit . I asked Premier Parking to be compassionate in my reasoning for using bay,  I apologised to Premier Parking for parking in disabled bay and said that I would stay home until my badge arrived so I could then go out again. My new blue badge arrived last week. Premier Parking wrote to me today to say that after careful consideration of all facts, my appeal has been rejected. They also told me that I can appeal their decision but I can only appeal to POPLA  who they participate with.  Premier Parking told me that I cannot appeal to www.ombudsman-services as they do not participate in their dispute resolution services. If I don't appeal I can pay £60 today or if I appeal,  and loose, I will have to pay £100. This money is the difference between 2 weeks shopping or paying parking ticket. Does anyone have any ideas where I can go from here please. 

Gr1pr

Definitely complain ASAP to the retail park management team at Lakeside and get them to cancel the PCN due to you qualifying under the Equality Act 2010, under reasonable adjustments. The law requires them to provide those spaces for people like you who qualify, nothing to do with the blue badge. The disability doesn't disappear on the day after the badge expires

So plan A, a direct complaint to the managing agent or even the landowner ASAP, today 

Coupon-mad

Yep.  Send that whole story to the site agents who run Lakeside except the first sentence:

" I know i broke the rule of parking in disabled bay with out of date badge".

No you didn't!  On private land Blue Badges are not law, they are just one indicator of disability need.

You remain at all times, protected by the Equality Act 2010 (EA).

Your disability had not 'expired' when your badge did.  You were entitled to the 'reasonable adjustment' of that bay AND PREMIER PARK KNOW THAT.  Yet they decided to discriminate against you by refusing your appeal.  That's illegal harassment under the EA.

Put in a complaint to Lakeside and point out they are liable for the (now discriminatory) actions of their agents.  Ask them to get the unfair PCN cancelled.

1505grandad

"......charge notice  from Premier Park through the post."

" I told Premier Parking that......"

Just checking  -  can you state the full name of the parking company?

happy_sunlover1

1505grandad said:

"......charge notice  from Premier Park through the post."

" I told Premier Parking that......"

Just checking  -  can you state the full name of the parking company?

1505grandad said:

"......charge notice  from Premier Park through the post."

" I told Premier Parking that......"

Just checking  -  can you state the full name of the parking company?

Hello, I am not sure how to reply to your question. I hope you can read this, The company is PREMIER PARK LTD, PO BOX 624, Exeter, EX1 9JG

happy_sunlover1

Gr1pr said:

Definitely complain ASAP to the retail park management team at Lakeside and get them to cancel the PCN due to you qualifying under the Equality Act 2010, under reasonable adjustments. The law requires them to provide those spaces for people like you who qualify, nothing to do with the blue badge. The disability doesn't disappear on the day after the badge expires

So plan A, a direct complaint to the managing agent or even the landowner ASAP, today 

Hi, Thank you for your comment, I have just compiled a letter to Landsec based in London SW1E 5JL. They claim on their website they are the largest commercial  property in the UK. I think I will contact Lakeside also. I will keep you all updated with the outcome.  Many thanks for your time

happy_sunlover1

Coupon-mad said:

Yep.  Send that whole story to the site agents who run Lakeside except the first sentence:

" I know i broke the rule of parking in disabled bay with out of date badge".

No you didn't!  On private land Blue Badges are not law, they are just one indicator of disability need.

You remain at all times, protected by the Equality Act 2010 (EA).

Your disability had not 'expired' when your badge did.  You were entitled to the 'reasonable adjustment' of that bay AND PREMIER PARK KNOW THAT.  Yet they decided to discriminate against you by refusing your appeal.  That's illegal harassment under the EA.

Put in a complaint to Lakeside and point out they are liable for the (now discriminatory) actions of their agents.  Ask them to get the unfair PCN cancelled.

Thank you for your comment and time spent sending it. I have wrote letter to Lansec who own Lakeside. They are based In London. I will keep you all updated with outcome. Sadly, I believe its all about money and not an ounce of compassion .  

Fruitcake

You should also complain to your MP about this breach of the Equality Act, stating as already mentioned that it is discrimination and a criminal offence. Ask her/him to pass this on to the DLUHC who are in the process of producing a new mandatory parking code of practice. The proposal needs amending to make allowances for people with a disability having protected characteristics as defined by the Equality Act 2010 but who do not have a blue badge.

Coupon-mad

Yes your MP can write a complaint to support you.  This is now discrimination, ever since PP first knew you are indeed disabled and needed the space.  An expired BB is neither here nor there and the EA does not even mention permits or badges, for obvious reasons that disability need is not about a piece of card.

happy_sunlover1

Hi, Just an update, I wrote to Landsec, 100 Victoria Street,  London SW1 5JL and I also emailed them. I wrote to Lakeside Management team at Lakeside Shopping Centre, West Thurrock Way, Grays, Essex, RM20 2ZP and I also emailed them. I will let you know when I get response and what sort of response I get. Thank you again for your help in this matter. 

happy_sunlover1

Fruitcake said:

You should also complain to your MP about this breach of the Equality Act, stating as already mentioned that it is discrimination and a criminal offence. Ask her/him to pass this on to the DLUHC who are in the process of producing a new mandatory parking code of practice. The proposal needs amending to make allowances for people with a disability having protected characteristics as defined by the Equality Act 2010 but who do not have a blue badge.

Hi, Can you please tell me what DLUHC means please