Any chance of winning this if they take me to court? Lost direct appeal and out of time...

laffytaffy99

m not sure what to do about parking 'ticket' from private company in my building's car park.

The reason given is 'not displaying a valid permit'

I believe I was displaying my resident's permit...it had  fallen to one side of the dashboard (I could see the edge of it in one of their own photos although it wasn't obvious from that photo that it was the permit).  I believe it would have been obvious to the parking attendant who walked around the car that it was there and displayed.  It is easy to take pictures that conceal the presence of a permit especially with the amount of glare (I managed to make my displayed permit 'dissappear' on camera after the incident to see if I was right or being paranoid at the lengths the company would go to to make money).  However, I only received something through the post so did not have the opportunity to photograph it myself at the time to prove my point.  The car company had proof i have a valid in date resident's permit that's on their online system.  There is nothing on my tenancy contract about parking in the building. 

I appealed to them directly asking them to cancel their speculative invoice but they rejected my appeal.

I intended to appeal to the body but my health was very bad, my relative who ususually acts as my carer and helps me manage paperwork has been pre-occupied with looking after another relative who had cancer and I've gone past the time.

I received something last week from a debt collector now increasing the fine to £170.  It was dated a while ago so I could be getting another letter soon (or dated soon). It was originally a £100 fine with a discount price of  £60 if paid within 14 days. 

I'm disabled and currently unable to work and feel a bit silly for not just paying the original amount as I'm a bit worried that if it goes to court and I say the photos are deceptive that I won't be believed. 

I also don't know if it's relevant but the car parking company have failed to make reasonable adjustments for me. When I first moved in I asked if a blue badge space could be put in for me...they said sure but they needed permission from the building manager to do so. Building manager said that parking is first come first serve and because it's a private building making reasonable adjustments didn't apply. I spoke to the parking company again and said I think it is their duty to comply with the equality act as a service provider and they reiterated that they couldn't install a blue badge space without permission from the building manager. I didn't pursue it because in and out of hospital at the time but if they had made the reasonable adjustment... I believe my blue badge would have just needed to be displayed. Also, I think under the law that talks about anticipatory reasonable adjustments,  sending a reminder before upping the price would have been reasonable. 

My question is if this goes to court do I have a good chance of winning? If so on what grounds? If I only have a small chance of winning (I do accept my permit could have been positioned more prominently) it's probably better for my health to pay up and be done with the stress (but £170 a considerable amount of money for someone not working - even the £60 seemed disproportionate when they accept i own a valid residence permit and they cost £10 in the first place. 

(Also, probably another weak argument but the validity of a permit can be checked online by someone who is not me ..for example the parking attendant so I don't know if I could argue the way their online system is set up it could constitute as an 'e-permit' . The notice outside my building says to park you must display a valid physical permit or possess an 'e-permit' and there is no way to purchase any other type of permit than what I have).

Coupon-mad

Yes, you'll win.  Which PPC?

I'm disabled and currently unable to work and feel a bit silly for not just paying the original amount.

Don't feel silly please.  You were RIGHT not to pay.



I'm a bit worried that if it goes to court and I say the photos are deceptive that I won't be believed. 

You will.  You would win if they tried a small claim.  And you are right that service providers have a duty to provide reasonable adjustments for disabled persons.

laffytaffy99

Coupon-mad said:

Yes, you'll win.  Which PPC?

I'm disabled and currently unable to work and feel a bit silly for not just paying the original amount.

Don't feel silly please.  You were RIGHT not to pay.



I'm a bit worried that if it goes to court and I say the photos are deceptive that I won't be believed. 

You will.  You would win if they tried a small claim.  And you are right that service providers have a duty to provide reasonable adjustments for disabled persons.

Thank you for the reply and the confidence I'd win!

Sorry what is PPC? I tried looking it up and got 'pay per click'?

Coupon-mad

Private Parking Company.

All the forum acronyms are in post 5 of NEWBIES PLEASE READ THESE FAQS FIRST which is the resource new posters must read first, before posting. No link needed.

laffytaffy99

Coupon-mad said:

Private Parking Company.

All the forum acronyms are in post 5 of NEWBIES PLEASE READ THESE FAQS FIRST which is the resource new posters must read first, before posting. No link needed.

Thank you - that makes sense it's CPM!

Thanks - I'll reread these in future before asking. I had read before posting but I do have difficulties with reading and skipping lines (dyslexia + brainfog).