Disabled parking overstay.

D_P_Dance

If this were to get to court consider a counter claim for disability discrimination under the Act, including  the landowner I am sure this would  focus their minds.

Fruitcake

That letter includes a premium rate payment  'phone number that's been prohibited for nearly ten years.

Retired70

I e mailed landowner.
I wrote to excel , signed for post.

in both messages I explained the circumstances with the fire evacuation, mentioning a frustration of contract, and explained my disability status stating I had the characteristics covered by Equality Act etc and requested that this overstay be treated as a reasonable adjustment.
I also pointed out that if this matter was pursued Inwould counter claim under the Equality Act 

I have had no response at all from the landowner but Excel have now come back with a, “we have already told you that the appeal was too late now pay up or else” response.

Can anyone advise as to my next steps.

Retired70

I forgot to say I sent a copy of my blue badge as well.

Gr1pr

Keep on at the landowner and your local MP 

Excel are clearly not going to budge, so concentrate on your other complaints

Coupon-mad

Retired70 said:

I e mailed landowner.
I wrote to excel , signed for post.

in both messages I explained the circumstances with the fire evacuation, mentioning a frustration of contract, and explained my disability status stating I had the characteristics covered by Equality Act etc and requested that this overstay be treated as a reasonable adjustment.
I also pointed out that if this matter was pursued Inwould counter claim under the Equality Act 

I have had no response at all from the landowner but Excel have now come back with a, “we have already told you that the appeal was too late now pay up or else” response.

Can anyone advise as to my next steps.

Get your MP to complain to both.

Retired70

It seems I may have got the wrong landowner. I identified a property company in London & emailed the managing partner direct as a result I received an almost immediate response from Savills who are the managing agent saying they will cancel the ticket.
it is such a relief as I thought it was going to go all the way, particularly as Excel would not enter into any meaningful discussion.

Obviously  the landowner was reasonable but it still beggars belief that they would employ this parking management company in the first place.

Gr1pr

Managing agent companies like Savills and JLL etc oversee numerous car parks on behalf of Landowners , so doesn't surprise me 

You should still be complaining to your MP, lobbying thenm for progress with the MHCLG and the new compulsory code of practice 

Coupon-mad

Disabled parking overstay

Retired70 said:

Retired70 said:

I have read the newbie pages but It doesn’t seem to help me.
My problem is I am disabled ,and in my 70’s so not as quick as I used to be.

i attended our community theatre to watch a show with 2 of my grandchildren in and parked in an Excel run car park. In a disabled bay.The car park stated £4 all day parking at weekends and this was a Sunday however when I went to pay the machine asked me how long I wanted.
The show was 2 hours so I selected 3 to allow me plenty of time to get to and fro. & I was charged £1.50 @ 50p per hour.
The car park ,the theatre,and other building on the site are all owned by the same company XLB property of London.

During the performance the fire alarm on the entire site was activated and we were all evacuated through a rear exit and mustered at a fire point. We were subsequently held there for some time while the activation,which turned out to be in an adjoining building, was checked and we were given the all clear to return . In the interim period we were all held as a captive audience. When the all clear was given the performance continued but was now obviously running late. 

At the end of the performance I returned to my car as quickly as I could and left. I realised the timing was tight but the theatre told me the land owner operated a 15 minute grace period and it didn’t allow me to pay any additional fee, (which ,if I could have ,would have cost me £0.50)

About a week later I went abroad for 2 weeks and on returning home I found a PCN from Excel for overstaying.  The difference between what is shown on my ticket as permitted parking and when they say I left the car park is 13 minutes. Due to not being at home the period for reduced rate payment had already expired. It is an ANPR operated car park that records entry & exit time .

The theatres website said ,although they had no control of the car park they did ,as tennants,have some sway on the land owner,so DO NOT pay but to contact them instead which I did.

Obviously as this was being raised with the owners,I did not reply to Excel  as I thought it would be inappropriate to complain to them if I was going over their head to the owner.
I have now received a further notice from Excel saying the permitted time to appeal has now expired and I have to pay £100 immediately or it will increase to £170.

As I hadn’t heard anything from the theatre I chased it up where I was told that the land owner had refused to change their working practices.
I’m not exactly sure what that means when all I actually requested was for them to:
A, cancel the PCN because the overstay was seriously contributed to by the activation/evacuation of the land owner controlled fire alarm.
or 
B, If they challenged that then to consider the overstay as a reasonable adjustment under the Equality act as my mobility was restricted.

The theatre are in dispute with the landowner re the parking issues as it appears there have been numerous similar instances and they are fully supportive of me fighting this matter.

I’m not sure what to do now, should I contact Excel & explain or write directly to the landowner to explain why they are refusing to allow a reasonable adjustment in the circumstances or do I totally misunderstand the situation and should pay up as I am at fault for overstaying.

I appreciate this is probably confusing ,and I am sure I have missed out loads, but if anyone could advise I would be grateful.

I e mailed landowner.
I wrote to excel , signed for post.

in both messages I explained the circumstances with the fire evacuation, mentioning a frustration of contract, and explained my disability status stating I had the characteristics covered by Equality Act etc and requested that this overstay be treated as a reasonable adjustment.
I also pointed out that if this matter was pursued Inwould counter claim under the Equality Act 

I have had no response at all from the landowner but Excel have now come back with a, “we have already told you that the appeal was too late now pay up or else” response.

Can anyone advise as to my next steps.

Get your MP to complain to both.

Retired70 said:

It seems I may have got the wrong landowner. I identified a property company in London & emailed the managing partner direct

as a result I received an almost immediate response from Savills who are the managing agent saying they will cancel the ticket.

it is such a relief as I thought it was going to go all the way, particularly as Excel would not enter into any meaningful discussion.

Very pleased they cancelled it.  

PLAN A STRIKES AGAIN!

In future:
On Sundays never use private car parks.

Park on double lines on-street if you have a Blue Badge.  Or anyone can park on a single yellow without a Blue Badge if the sign doesn't apply on Sundays.  Avoid car parks!

I never use car parks unless shopping. Avoid scammers. See the signs.

If it is run by a private parking firm, leave immediately. Park on street.