Blue Badge copy not on dash. LJL Airport

ninjaef

Any considered and objective view on this please. 

I parked at Liverpool John Lennon (LKL) Airport on 14th April. I'm disabled and put a photo copy of my BLue Badge (BB)  on the dash.. I left the widows open about 1cm to allow air to circulate as an it was hot and previously done dash plastics had deformed. Door wind deflectors are fitted so rain doesn't get in .. if it had rained. 
When I returned from holiday on 21st April the BB copy was on the seat , and my light reflector housing was cracked (a car or suitcase impact probably). Did wind move the BB copy, or the impact or something else, or when i shut the door or the boot ... I'll never know. I drove home thinning nothing of this other than the need to fork out £200+ for a new light.

Today I received a parking charge notice from them citing failure to display my BB. I've parked at LJL many many times since it opened and never had any issue. 

I've emailed the parking Head Office and asked them to please rescind the notice and explained the above.

I've read online many views about parking and BB , and the Equality Act 2010 (EA2010) such as..

1. When you park at LJL you enter into a contract with a private landowner whom operates parking in accordance with bye laws (so the "freedom" legislation doesn't apply).

2. Under EA2010 a private landowner cannot force you to identify your disability , for example by means of displaying a BB.

3. EA2010 trumps bye laws and contracts. 

4. However LJL could argue that they have made Reasonable Adjustments to parking to accomodate disabled drivers and the request for a BB to be displayed is not to discriminate disabled drivers but to ensure the Reasonable Adjustments they have made are protected and not abused by non disabled drivers.

5. There's is no requirement in LJL terms of contract, to close windows on a car or to not ventilate or to  place the BB in a specific location ... other than to be visible and readable through the windscreen.

6. It is reasonable to concede after the event that the impact or breeze or air disturbances, could have disloged the paper A4 sheet from the dashboard.

This matter is an honest and forgivable matter in my humble view and I am not and have not acted to defraud or contravene parking regulations - I am a long standing customer with a good track record until now.

I'm going to appeal and put all the above in the appeal... do members here have any concrete advice to include, please.

Gr1pr

Who issued the charge , and for how much   ?

ninjaef

?? whoever operates the parking in the long stay? it doesn't have a company name clearly annotated on the PCN, but it does mention the "creditor," which is a company., in small print 

who do you ask?

Gr1pr

I ask because VCS deal with the roads etc there,  issuing plenty of pcns,  but as this was about a long stay car park I didn't believe that they issued it 

Its your choice if you dont want to divulge the information I asked for,  but currently we dont know who obtained the keeper details from the dvla,  we dont know who issued the PCN or charge and we dont know how much it is for,  or if it's been issued under bylaws

With no tangible information forthcoming,  I doubt that anyone can give you correct advice 

ninjaef

 I haven't said i won't divulge anything

. In fact i believe i provided a comprehensive account.
I simply do not know who has issued it..*it doesn't say"!! 
I'll give you all the info you need if i have it.

what I'll do is upload a photo when I'm home later. 
thanks for your help on this 👌

fisherjim

It will be VCS:

1.5 In addition to these Terms, our parking enforcement operator, VCS Control Services Limited, also have terms and conditions, which apply once you have entered a car park at the Airport.  They relate to our requirements for the parking of vehicles in our car parks, and how such requirements are enforced if not met.  Their terms and conditions are located at the entrance of our car parks, and within each car park itself.  If you are not prepared to comply with their terms and conditions, then please do not enter the car park.

https://www.liverpoolairport.com/parking/car-parking-terms-and-conditions/

ninjaef

Indeed, and ...

6.4 Bays reserved for disabled drivers should be used by disabled drivers only, and vehicles parked in such bays must display appropriate disabled badges/windscreen stickers.

... bit of course i read all this beforehand prior to booking. T&Cs are unlikely to cover all possible situations and here such as mine where i displayed the photocopy, it was on the dash when i left, and there's no T&C or contractual obligation that precludes opening windows ajar to prevent overheating or where a badge is dislodged.. and in any event it was actually on the seat and could be seen albeit perhaps not though the windscreen. This is all subjective and circumstantial...I am seeking guidance of infeed there is any.... All of the above is precisely why i came here for advice, views, and any suggesttion from members who may have themselves been in comparative situations.

T&Cs from websites that customers , and indeed I , would have read prior to parking, isn't really too much help other than to clarify that which is already known 😁  The case i make here is  because naturally the " "contract"  is literal 🙏  

Im 58 and old enough to fully anticipate that VCS won't give a hoot , they just want the money

I have emailed LJL parking head office  so will see what they say

Gr1pr

So if it was VCS  ( which prompted my first response   ), is it issued by VCS of Sheffield   ? And was it a Parking Charge Notice ( PCN  )  issued under contract law   ( civil law  ) or a Penalty Notice   ( PN  ) issued under airport bylaws  ?

Either way,  if its airport land then Pofa2012 schedule 4 doesn't apply,  so no keeper liability 

kryten3000

Sadly it looks like the driver has been "outed" in the initial appeal. 

ninjaef

here is the charge notice, it has my name, address and vehicle.

Coupon-mad

Clearly that's from VCS: top right logo; half way down in bold and on the back.

If you have appealed and showed them your Blue Badge, just ignore them. Same as all the hundreds of VCS Airport threads here. Search the forum and read a few.