Disabled Bay at B&Q

evasivedavid

Hi guys,

I've had a parking charge for parking on B&Q in a disabled bay without displaying a badge... I shouldn't have done it but we were in such a  rush and there were loads of empty spaces so I thought it wouldn't make any difference!

Anyway, a company has sent ,me a letter with an image of my car without the badge... Should I just send the "template one size fits all" from the Newbies thread?Just a bit unsure as the qeries listed in that don;t really relate to my situation...

Thanks in advance for any advice 

Car1980

Which PPC?

evasivedavid

Car1980 said:

Which PPC?

Hi,

sorry for the late reply, I lost the letter! It's a company called GroupNexus

Gr1pr

Ye, just use the template appeal in blue text,  you definitely won't be using the circumstances or situation to appeal,  that strategy won't work. They dont cancel on mitigating factors, just legal ones

Ideally you check that Ntk for Pofa2012 compliance or not,  because not would be a good keeper appeal,  if true

But the appeal deadline may have passed now,  in which case ignore the powerless debt collectors letters,  post 4 in the newbies sticky thread in announcements 

Fruitcake

Assuming an occupant of the vehicle had a disability giving them protected characteristics as defined by the Equality Act 2010, Plan A is always a complaint to the landowner and/or CEO of B & Q, and your MP. Complaints should be from the keeper without revealing the driver's identity.

Point out that the blue badge scheme does not apply on private land, and using such a badge where they are not supposed to be used can result in a penalty and confiscation of the badge. In addition, making a disabled person with protected characteristics do something (display a disabled badge on private land) that able-bodied persons are not required to do is discrimination and a breach of the EA 2010, which is a criminal offence. 
Not anticipating the needs of such a person is indirect discrimination, and a criminal offence.
Continuing to pursue such a person after they have been made aware of the person's protected characteristics is direct discrimination, and another criminal offence.

If a landowner complaint is not forthcoming, then the keeper should appeal using the template in blue text from the NEWBIES, and add the comments above about the requirements of the EA 2010, and breaching them is a criminal offence. That way, if it ever gets to court, you will have already put them on notice about their criminal behaviour.

evasivedavid

Gr1pr said:

Ye, just use the template appeal in blue text,  you definitely won't be using the circumstances or situation to appeal,  that strategy won't work. They dont cancel on mitigating factors, just legal ones

Ideally you check that Ntk for Pofa2012 compliance or not,  because not would be a good keeper appeal,  if true

But the appeal deadline may have passed now,  in which case ignore the powerless debt collectors letters,  post 4 in the newbies sticky thread in announcements 

Thanks for the response buddy... what does this mean please? "Ideally you check that Ntk for Pofa2012 compliance or not,  because not would be a good keeper appeal,  if true".....

Fruitcake

evasivedavid said:

Gr1pr said:

Ye, just use the template appeal in blue text,  you definitely won't be using the circumstances or situation to appeal,  that strategy won't work. They dont cancel on mitigating factors, just legal ones

Ideally you check that Ntk for Pofa2012 compliance or not,  because not would be a good keeper appeal,  if true

But the appeal deadline may have passed now,  in which case ignore the powerless debt collectors letters,  post 4 in the newbies sticky thread in announcements 

Thanks for the response buddy... what does this mean please? "Ideally you check that Ntk for Pofa2012 compliance or not,  because not would be a good keeper appeal,  if true".....

Acronyms and abbreviations can be found in the fifth post of the NEWBIES.

Explanations of what they mean can be found in the first post of the NEWBIES. The PoFA 2012 is an Act of Parliament, a law that means a vehicle keeper can be held liable for a parking charge from an unregulated private parking company under certain circumstances. If the PPC has not met the strict requirements of the PoFA, then the keeper cannot be held liable, only the driver. This is why the driver's identity should not be revealed in complaints or appeals.

Gr1pr

As above, study the newbies sticky thread in announcements near the top of the forum,  it's exactly what newbies need to study,  including acronyms and initialisms 

Ralph-y

"I've had a parking charge for parking on B&Q in a disabled bay without displaying a badge... I shouldn't have done it but we were in such a  rush and there were loads of empty spaces so I thought it wouldn't make any difference!"

then ............ when you win make a donation to a disabled charity   🙂

Coupon-mad

Ralph-y said:

"I've had a parking charge for parking on B&Q in a disabled bay without displaying a badge... I shouldn't have done it but we were in such a  rush and there were loads of empty spaces so I thought it wouldn't make any difference!"

then ............ when you win make a donation to a disabled charity   🙂

Totally agree.

Can't condone selfish parking in accessible bays. It does make a difference to those persons who might arrive and need that bay.