Parkingeye ticket for using disabled bay without blue badge

cclovejp

Hi all, 

Yesterday, I went to the hospital for my first therapy session. The parking lot was very busy, and I couldn’t find an available space. I eventually found one spot, but unfortunately, another driver had taken up part of the bay by parking across the lines. ( I did try to park in, but it was too small to fit my car in ) . Pressed for time and already late for my appointment, I had no choice but to park in a disabled bay—a decision I deeply regret.

I suffer from anxiety, and I informed my therapist about the situation, hoping they could offer assistance, but they told me there was nothing they could do. I was then faced with two difficult options: risk a fine for parking in the disabled bay or leave mid-session to search for regular parking. My therapist noticed how anxious I was about the situation, but no further help was provided.

After my appointment, I did, unfortunately, receive a parking fine. I went to the therapist again for guidance, and they referred me to reception, but reception passed me back to the therapist. By the end of the day, I was left without any assistance. I went back to the parking lot later and looked for a CCTV but there was any. ( I forgot to take a photo of that car parking across the line).

Now, I'm seeking advice on how to appeal this fine. It was never my intention to park in the disabled bay, and the anxiety I faced only made things worse. If my appeal isn’t successful, is there any chance of reducing the fine? The amount—£100 (or £60 if paid within 14 days)—is too steep for me, as I'm currently an apprentice and earning a low wage.

Thank you all in advance.

Fruitcake

Assuming this was a private parking company that issued the parking charge, then you have not been fined.

You should thoroughly read the relevant parts of the sticky Announcement for NEWBIES.

Plan A is always a complaint to the landowner and your MP. At a hospital, you should always complain to PALS.

Which hospital, and which parking company?

From your post, it seems that you have a hidden disability that may constitute a protected characteristic as defined by the Equality Act. If that is the case, then service providers (the hospital and the PPC) are required by law to make reasonable adjustments for someone with a disability. Failing to anticipate that need is a breach of the EA 2010, and a criminal offence.
Forcing someone with a disability to do something that a person without a disability is not required to do is discrimination. The Blue Badge scheme does not apply on private land. It clearly states this in the booklet that comes with a BB, and on the BB gov.uk website, and in documents available to the public held in the House of Commons library.
Conversely, using a BB where it is not supposed to be used can result in a penalty.

If applicable, and only you and your medical professionals can know this is the case, your complaints to the landowner/PALS hospital trust/CEO head of the trust should include the relevant parts of the EA 2010 that refer to anticipating the needs of a disabled person with protected characteristics, and that failing to make reasonable adjustments (allowing someone who is not required to display something that does not apply on private land) is a indirect discrimination and a criminal offence.

To pursue that person once they (hospital etcetera) have been made aware of a persons disability is direct discrimination and a further criminal offence.

You may want to get a medical not to support the above.

If a cancellation is not forthcoming, then you should appeal to the PPC, and include the comments about having a hidden disability and discrimination when the BB scheme does not apply etcetera.

Do not miss the appeal deadline.

cclovejp

Fruitcake said:

Assuming this was a private parking company that issued the parking charge, then you have not been fined.

You should thoroughly read the relevant parts of the sticky Announcement for NEWBIES.

Plan A is always a complaint to the landowner and your MP. At a hospital, you should always complain to PALS.

Which hospital, and which parking company?

From your post, it seems that you have a hidden disability that may constitute a protected characteristic as defined by the Equality Act. If that is the case, then service providers (the hospital and the PPC) are required by law to make reasonable adjustments for someone with a disability. Failing to anticipate that need is a breach of the EA 2010, and a criminal offence.
Forcing someone with a disability to do something that a person without a disability is not required to do is discrimination. The Blue Badge scheme does not apply on private land. It clearly states this in the booklet that comes with a BB, and on the BB gov.uk website, and in documents available to the public held in the House of Commons library.
Conversely, using a BB where it is not supposed to be used can result in a penalty.

If applicable, and only you and your medical professionals can know this is the case, your complaints to the landowner/PALS hospital trust/CEO head of the trust should include the relevant parts of the EA 2010 that refer to anticipating the needs of a disabled person with protected characteristics, and that failing to make reasonable adjustments (allowing someone who is not required to display something that does not apply on private land) is a indirect discrimination and a criminal offence.

To pursue that person once they (hospital etcetera) have been made aware of a persons disability is direct discrimination and a further criminal offence.

You may want to get a medical not to support the above.

If a cancellation is not forthcoming, then you should appeal to the PPC, and include the comments about having a hidden disability and discrimination when the BB scheme does not apply etcetera.

Do not miss the appeal deadline.

Thank you for your helpful response. I am currently seeing a talking therapist, so I don't have a formal medical note for my anxiety — only confirmation letters from my therapy sessions. Additionally, if my appeal is unsuccessful, will I be required to pay the full amount of £100, or could the cost potentially be higher? Thank you.

Coupon-mad

If ParkingEye decide to sue you, the total claim with small claims fees would be around £200.

cclovejp

The hospital declined to help and asked me to appeal to Parkingeye. I am trying to write to my MP but am unsure if I should disclose my personal details, like my name and address. Any advice?

KeithP

cclovejp said:

I am trying to write to my MP but am unsure if I should disclose my personal details, like my name and address. Any advice?

One thing is certain...
If you don't supply your name and address you won't get a reply.

Coupon-mad

cclovejp said:

The hospital declined to help and asked me to appeal to Parkingeye. I am trying to write to my MP but am unsure if I should disclose my personal details, like my name and address. Any advice?

The Hospital CANNOT decline to help. Which hospital?

Fruitcake

I suggest you use this website to contact your MP. You must include your personal details.

WriteToThem - Email your Councillor, MP, MSP, MS, MLA or London Assembly Member for free

Where a person has protected characteristics as defined by the Equality Act 2010 die to a disability, whether hidden or not, it is better to complain/appeal as the driver, so revealing your identity is to your advantage.

As well as complaining to your MP, you should complain again to the hospital/PALS/CEO/head of the hospital trust, and remind them of the government car parking principles, detailed here.

NHS car parking guidance 2022 for NHS trusts and NHS foundation trusts - GOV.UK (www.gov.uk)

Also remind them of their requirements in accordance with the Equality Act 2010 to make reasonable adjustments for disabled persons with protected characteristics, and the failure to do so is a criminal offence.

cclovejp

Coupon-mad said:

cclovejp said:

The hospital declined to help and asked me to appeal to Parkingeye. I am trying to write to my MP but am unsure if I should disclose my personal details, like my name and address. Any advice?

The Hospital CANNOT decline to help. Which hospital?

It's Oakwood centre, St mary's hospital.

1505grandad

Just checking  -  is it this hospital?:-

St Mary's Hospital

77 London Road, Kettering, Northamptonshire, NN15 7PW 0300 027 4000

Provided and run by: Northamptonshire Healthcare NHS Foundation Trust

Coupon-mad

Complain to the CEO of the NHS Trust.