APCOA / Southeastern Penalty Notices and Blue Badges

Coupon-mad

However it doesn't change the fundamental fact that the system breaches the Equality Act 2010, and the DPA 2018 for all the reasons you set out in your first post.

Bay monitoring of disabled bays must be nipped in the bud asap.

In these bays it is illegal surveillance and disproportionate KADOE harvesting. They are unnecessarily processing 'special category data' without the required double justification and placing barriers and extra burdens upon disabled motorists.

The result is that the disabled motorists at these car parks are far more likely to receive a PCN than others. That is the upshot.

There's no lawful or (special category data) legitimate interest in making disabled people jump through hoops to get a code every day, just because a PPC 'wants' to use a remote camera system.

Not good enough justification.

skizz_b

Coupon-mad said:

However it doesn't change the fundamental fact that the system breaches the Equality Act 2010, and the DPA 2018 for all the reasons you set out in your first post.

Bay monitoring of disabled bays must be nipped in the bud asap.

In these bays it is illegal surveillance and disproportionate KADOE harvesting. They are unnecessarily processing 'special category data' without the required double justification and placing barriers and extra burdens upon disabled motorists.

The result is that the disabled motorists at these car parks are far more likely to receive a PCN than others. That is the upshot.

There's no lawful or (special category data) legitimate interest in making disabled people jump through hoops to get a code every day, just because a PPC 'wants' to use a remote camera system.

Not good enough justification.

Completely agree - SET have been in touch today stating they will be providing a fuller response to those issues in due course, so will keep you all up to date.

skizz_b

I've had a response from Southeastern. It is essentially a very long explanation of the existing policy, but the issues raised are not addressed. I shall be responding. 

Thank you for contacting our Managing Director, Steve White. Following Steve's acknowledgement, he has asked me to look into your comments and respond to you on his behalf. The case reference for your complaint with Southeastern is XXXXXXX.

Following our response , I understand that you've raised an appeal with APCOA relating to the Penalty Notice XXXXX. This has been brought to the attention of our Car Park Contracts Managers who liaise closely with APCOA. They have confirmed the Penalty Notice was issued on the 23 May and relates to non-payment on the XX at XX station car park. This was issued in accordance with the terms and conditions of use and British Parking Association guidelines set out in the signage at this station car park. The parking enforcement at all of our car parks is a regulated process, which includes a statutory independent appeals process and this process has been followed in full. We have been advised that an appeal has been received by APCOA and this will be processed in due course.

Furthermore, I understand that you’re unhappy with the process of application for Blue Badge parking holders with the implementation of ANPR at our car parks. As Steve touched on previously, when we make major changes to our service like this, we’ll always carry out a comprehensive Equality Impact Assessment (EQIA). In all EQIAs, mitigations and considerations are made with regards to how it’ll affect those with disabilities or other impairments. We have a responsibility to everyone travelling by train and know the importance of parking for those who have accessibility or mobility needs.

As you may know, the Blue Badge scheme provides holders with the right to free on-street parking. Per the UK Government’s guidance, off-street parking (such as at stations) comes under different rules, as most of these car parks are on private land. The landowner is responsible for setting the terms and conditions for parking on their land. Southeastern like many other train operators, as well as local authorities such as the NHS offer this registration scheme to customers holding a Blue Badge.

Railway land, including stations, is owned by Network Rail and is leased to the various train operators, such as Southeastern. We then contract APCOA to manage our car parks for us. We set the terms and conditions as the lease holder of the land.

Under the Equality Act 2010, we’re obliged to provide dedicated disabled parking bays, and to have a certain number per car park, based on the size of the car park. These bays are available at all Southeastern stations with a dedicated car park. However, there’s no obligation to provide free or reduced price parking – although we do allow free parking for Blue Badge holders.

In order for Blue Badge holders to take advantage of this concession, they have to abide by the terms and conditions that we’ve set, which state that they need to register their vehicles with APCOA if they wish to park in one of our ANPR-controlled car parks. This is so the ANPR system recognises their vehicles and doesn’t expect a payment to be made. As touched on further above, the terms and conditions can be found online, but also on signage at all of our station car parks. We also advertised the changes prior to the launch of ANPR at our car parks through various media channels such as car leafleting, station posters and our X (formally Twitter) social media feed.

Registration can be done online, either through a mobile device or a home computer, at https://bluebadge.apcoa.co.uk, before making a journey. It’s recommended doing this a day or so ahead of time due to the registration process needing to be approved. After signing up, a verification email will be sent which needs to be actioned for an account to be created. Following this, the customer can log into their account and request a permit through the appropriate option.

This will require the customer to upload images of both sides of their Blue Badge (mobile phone photos are suitable) and to fill in a form. Once this is done and the customer needs to accept the terms and conditions, then APCOA will confirm the validity of the Blue Badge and the rest of the application, and let the customer know via email once approved. Once the account has been fully approved, customers will also benefit with the ease of application for Blue Badge parking across all our APCOA operated station car parks. Due to the requirement to see and verify photos of the Blue Badge, this cannot be done over the phone. 

However, in certain circumstances if customers make contact via phone, then APCOA can create an account with a customer's consent on their behalf. But of course, once the account has been created, APCOA would still require visual documented proof of Blue Badge entitlement. This can be done by signing into the APCOA Blue Badge portal. If further assistance is required with validating the account for free parking with proof of a Blue Badge, this can be done by contacting APCOA via email or post.

Once again, thank you for taking the time to contact Steve. We hope this information has been helpful and has clarified our position on the points you've raised.

Coupon-mad

Ask them for full copies of:

1. Their Equality Impact Assessment (EQIA) relating specifically to the requirement for disabled people to have to take 'extra steps' (literally and metaphorically) to obtain a code, something that able-bodied motorists do not have to do. This is an illegal extra burden which also makes unsuspecting disabled people (who would not need to approach the payment machine and would simply display their Blue Badge and would never read about this 'code') more at risk of a PCN than other service users, and

2.  Their Data Protection Impact Assessment relating to this surveillance and 'code' system imposed on disabled service users. Disabled motorists' data is 'special category data' so they need more than just 'legitimate interest'.

Point out that Local Authorities are prohibited from using such technology in disabled bays due to significant ICO concerns about excessive surveillance and unjustified DVLA data requests. Windscreen PCNs address the issues without targeting disabled service users as cash cows. The fact that parking firms 'want' to use tech because it's leaner, is not a lawful justification for burdening their most vulnerable users with having to take unexpected steps to exempt themselves. The system breaches the Equality Act 2010, the DPA 2018 and the ICO's Surveillance Camera Code of Practice.

doubledotcom

You should also ask whether the contract APCOA is operating under allows them to actually issue Penalty Notices under Railway Byelaw 14 and to prosecute in the magistrates court under Railway Byelaw 24(1) or... are they only authorised to issue Parking Charge Notices under civil contract law for breach of terms and conditions?

You may want to alert "Steve" or his minion about SouthWestern's liability when their agent, APCOA, admit acting beyond the law with responses such as this when queried about the legality of their Penalty Notices:

Thank you for your patience whilst this has been investigated. 

Statutory or civil enforcement

We can confirm that this Penalty Notice is issued as a civil matter. The penalty notice system is an established mechanism designed to address breaches of the railway byelaws in a way that is proportionate and fair. These notices are not intended to suggest criminal intent or prosecution at the outset but to offer the opportunity to resolve matters without escalation. Should the recipient fail to engage or resolve the matter, criminal enforcement under Byelaw 14(1) may be pursued.

The term “Penalty Notice” is used because the breach of railway byelaws, such as unauthorised parking, constitutes a potential statutory offence. This is entirely different from a private parking charge, as our notices pertain to statutory enforcement of the byelaws, which may involve criminal liability in some cases. The presentation of the notice reflects the legal process in place, and it has been reviewed and approved to ensure compliance with the applicable legal standards.

Collection and retention of payments

Penalty Notices issued by APCOA are issued on privately owned railway land on behalf of the landowner. Please note that APCOA are a services group and all revenue taken from paid Penalty Notices is passed on to the landowner.

Procedural compliance 

The claim in question is based on contract law. When the vehicle was parked on site, you willingly entered into a parking contract with APCOA. As part of this contract, it was agreed that the charge detailed on the signage would be paid should the vehicle be parked in breach of the Terms & Conditions of parking. The driver of the vehicle does not need to have read the Terms & Conditions of the contract to accept it. There is only the requirement that the driver is afforded the opportunity to read and understand the Terms & Conditions of the contract before accepting it. It is the driver’s responsibility to seek out the Terms & Conditions, and ensure they understand them, before agreeing to the contract and parking their vehicle.

I would also like to point out that a contractual agreement was entered into with APCOA when the vehicle was parked on site, in which it was agreed that the terms and conditions displayed on the signage would be adhered to. Those terms and conditions included incurring a charge for failing to park within the restrictions applicable to the site. There was no obligation to park on site should the Terms & Conditions of parking not be accepted.

Coupon-mad

Can't be both 'contract' and 'penalty'!

Coupon-mad

skizz_b said:

I've had a response from Southeastern. It is essentially a very long explanation of the existing policy, but the issues raised are not addressed. I shall be responding. 

Thank you for contacting our Managing Director, Steve White. Following Steve's acknowledgement, he has asked me to look into your comments and respond to you on his behalf. The case reference for your complaint with Southeastern is XXXXXXX.

Following our response , I understand that you've raised an appeal with APCOA relating to the Penalty Notice XXXXX. This has been brought to the attention of our Car Park Contracts Managers who liaise closely with APCOA. They have confirmed the Penalty Notice was issued on the 23 May and relates to non-payment on the XX at XX station car park. This was issued in accordance with the terms and conditions of use and British Parking Association guidelines set out in the signage at this station car park. The parking enforcement at all of our car parks is a regulated process, which includes a statutory independent appeals process and this process has been followed in full. We have been advised that an appeal has been received by APCOA and this will be processed in due course.

Furthermore, I understand that you’re unhappy with the process of application for Blue Badge parking holders with the implementation of ANPR at our car parks. As Steve touched on previously, when we make major changes to our service like this, we’ll always carry out a comprehensive Equality Impact Assessment (EQIA). In all EQIAs, mitigations and considerations are made with regards to how it’ll affect those with disabilities or other impairments. We have a responsibility to everyone travelling by train and know the importance of parking for those who have accessibility or mobility needs.

As you may know, the Blue Badge scheme provides holders with the right to free on-street parking. Per the UK Government’s guidance, off-street parking (such as at stations) comes under different rules, as most of these car parks are on private land. The landowner is responsible for setting the terms and conditions for parking on their land. Southeastern like many other train operators, as well as local authorities such as the NHS offer this registration scheme to customers holding a Blue Badge.

Railway land, including stations, is owned by Network Rail and is leased to the various train operators, such as Southeastern. We then contract APCOA to manage our car parks for us. We set the terms and conditions as the lease holder of the land.

Under the Equality Act 2010, we’re obliged to provide dedicated disabled parking bays, and to have a certain number per car park, based on the size of the car park. These bays are available at all Southeastern stations with a dedicated car park. However, there’s no obligation to provide free or reduced price parking – although we do allow free parking for Blue Badge holders.

In order for Blue Badge holders to take advantage of this concession, they have to abide by the terms and conditions that we’ve set, which state that they need to register their vehicles with APCOA if they wish to park in one of our ANPR-controlled car parks. This is so the ANPR system recognises their vehicles and doesn’t expect a payment to be made. As touched on further above, the terms and conditions can be found online, but also on signage at all of our station car parks. We also advertised the changes prior to the launch of ANPR at our car parks through various media channels such as car leafleting, station posters and our X (formally Twitter) social media feed.

Registration can be done online, either through a mobile device or a home computer, at https://bluebadge.apcoa.co.uk, before making a journey. It’s recommended doing this a day or so ahead of time due to the registration process needing to be approved. After signing up, a verification email will be sent which needs to be actioned for an account to be created. Following this, the customer can log into their account and request a permit through the appropriate option.

This will require the customer to upload images of both sides of their Blue Badge (mobile phone photos are suitable) and to fill in a form. Once this is done and the customer needs to accept the terms and conditions, then APCOA will confirm the validity of the Blue Badge and the rest of the application, and let the customer know via email once approved. Once the account has been fully approved, customers will also benefit with the ease of application for Blue Badge parking across all our APCOA operated station car parks. Due to the requirement to see and verify photos of the Blue Badge, this cannot be done over the phone. 

However, in certain circumstances if customers make contact via phone, then APCOA can create an account with a customer's consent on their behalf. But of course, once the account has been created, APCOA would still require visual documented proof of Blue Badge entitlement. This can be done by signing into the APCOA Blue Badge portal. If further assistance is required with validating the account for free parking with proof of a Blue Badge, this can be done by contacting APCOA via email or post.

Once again, thank you for taking the time to contact Steve. We hope this information has been helpful and has clarified our position on the points you've raised.

Have you asked them for full copies of their Equality Impact Assessment (EQIA) and their Data Protection Impact Assessment (DPIA) now?

Also, could you kindly help this new poster (maybe by pm), who has come here for help today and is less confident than you on the illegality:

https://forums.moneysavingexpert.com/discussion/6612576/apcoa-pn-issued-at-southeastern-rail-car-park-blue-badge-not-registered-at-blue-badge-portal#latest

Mozart57

Coupon-mad said:

Also, could you kindly help this new poster (maybe by pm), who has come here for help today and is less confident than you on the illegality:

https://forums.moneysavingexpert.com/discussion/6612576/apcoa-pn-issued-at-southeastern-rail-car-park-blue-badge-not-registered-at-blue-badge-portal#latest

Skizz_b: I've just been issued issued with exactly the same PN and this thread is proving to be most helpful. I've started my on thread on this, but I did want to ask here if you might be willing to share with me your original appeal  to the parking company (not the complaint you made)?

Half_way

providing reasonable adjustments is not a concession.
nor is there any specific requirement for disabled bays, just a reasonable adjustment to be made.
this could be assisted parking as opposed to disabled bays, instruction to park across bays and so on.
Disabled bays are not the be all and end all of reasonable adjustments, it's just that the parking companies can make them a confusing mess to generate profits from, be that with additional onerous terms and hoops to jump through, or badly marked out bays/areas, that catch people out as per a case on here earlier this week

Half_way

As previously mentioned, any "bye law 14" nonsense from a PPC also needs to be posted here:

 https://www.railforums.co.uk/forums/disputes-prosecutions.152/