Query

skippie

I've spent the last couple of hours cruising around the website and have tried to digest the information but have a couple of queries- please do redirect me as appropriate/delete my post. Apologies in advance, I've a lot going on and pretty saturated.


Just opened a Notice to Keeper from 03.06.2025  from UKPC in relation to the offence Not parked correctly within the markings of the bay or space of a disabled bay in a retail park in London.

The rear wheel was overhanging the yellow marking and encroaching into the criss-cross columns inbetween the disabled parking bays.

I've written to the ceo@asda.com, my MP and also the land owner attaching a letter and covering email stating the following

Please find attached my formal complaint regarding Parking Charge Notice XXXX, issued on XXX at the Asda XXXX car park.

The letter outlines serious concerns regarding the circumstances under which this notice was issued while a disabled family member  was being supported. I believe this enforcement action fails to account for disability-related considerations and may amount to discriminatory treatment under the Equality Act 2010, including failure to make reasonable adjustments.

I respectfully request urgent review and cancellation of the charge in light of the attached details. If you require any further information or evidence, I would be happy to provide it. The notice to keeper letter was issued on 3rd June so I would be grateful for an expediated response and remedy.

Ms XXX as one of your constituents I am seeking your assistance in what is a frivolous attempt by UKPC to charge £60 for a technical infringement that falls within the scope of the following Equality Act 2010 protections-

• Section 20 & 21- a duty to make reasonable adjustments, including interpreting and applying rules with flexibility when disability-related needs are involved
• Section 149- the need to consider the impact on disabled individuals and avoid discrimination
• Enforcement policies that don't account for such circumstances may amount to indirect discrimination by disproportionality affecting disabled people and/or their carers
• The non-delegable legal duty to ensure UKPC-the acting agent, upholds these obligations. 
  
  Kind Regards
  
  XXX

I've not disclosed who was driving within the letter but am mindful that if no action is forthcoming by Monday I'll lose the discount rate (I know I know it's a scam!). What I am unclear of is when I should send the appeal/complaint to UKPC as I've already received the notice to keeper letter? 

Apologies anyway- just another thing to have to engage with

Thanks

Gr1pr

Its a shame that you or I have to go to such lengths, but it's currently an unregulated industry 

The NTK PCN letter gave you 28 days to appeal to UKPC,  dont miss that deadline,  it's that simple 

Good luck 

Brie

Not sure but perhaps someone can advise if you need to disclose what discriminatory issue has been breached.  The parking authority won't care but the MP etc might.

Coupon-mad

UKPC aren't a 'parking authority' they are ex-wheelclampers! Money-grabbing scum, IMHO.

I reckon the retail park will cancel this but if not, send an appeal and/or a complaint to UKPC citing the Equality Act again.

Kaizen2024

Your letter does not detail why the driver feels that their (or their passengers) disability required them to obstruct access for the user of the adjacent bay.

Coupon-mad

Kaizen2024 said:

Your letter does not detail why the driver feels that their (or their passengers) disability required them to obstruct access for the user of the adjacent bay.

We all know that the distance between accessible bays is several feet.

Having 'a wheel overhanging the yellow criss-cross columns' does not obstruct access for the user of the adjacent bay and there are no images suggesting that was the case.

skippie

Kaizen2024 said:

Your letter does not detail why the driver feels that their (or their passengers) disability required them to obstruct access for the user of the adjacent bay.

That was the covering email- the letter states:

The notice was issued because my vehicle’s rear wheel was outside the bay marking. This technical infringement occurred while my mother in law need assistance to access the super market prior to undertaking a grocery shop as she feared she was going to experience an episode of incontinence, in order to prevent what would have been a deeply distressing episode for her.

On the date in question, my mother-in-law was accompanied to Asda, when she required the toilet. She is a Blue Badge holder, eligible and in receipt of a substantial amount of care and support under the Care Act 2014, and uses a mobility scooter, provided by the super market to get around. Her disabilities are significant and she requires full support with basic activities of daily living, including toileting, dressing, bathing, transferring and mobility.

To reduce delay and prevent an accident, the car was parked in a disabled bay and her Blue Badge was clearly displayed on the dashboard, as confirmed in UKPC’s own photographic evidence. While trying to access a supermarket scooter (an issue as they are frequently out of service) and assisting her out of the vehicle, the rear wheel of my car has slightly overhung the line of the bay. This did not cause obstruction or safety issues, and occurred solely in the course of meeting urgent and reasonable disability-related support needs.

Issuing a penalty in these circumstances appears to be a failure to accommodate a disability, in potential breach of the Equality Act 2010. I respectfully submit that this incident falls within the scope of the following protections:

• Section 20 and 21: A duty to make reasonable adjustments for disabled people, including by interpreting and applying rules with flexibility when disability-related needs are involved.
• Section 149: The Public Sector Equality Duty, which requires decision-makers to actively consider the impact on disabled individuals and avoid discrimination.
• Enforcement policies that do not account for such urgent needs may amount to indirect discrimination, by disproportionately affecting disabled people or those assisting them.
• Asda and Curson Sowerby Partners LLP also retain a non-delegable legal duty to ensure that UKPC, acting as your agent, upholds these obligations.

UKPC is a member of the British Parking Association (BPA) and is required to comply with its Code of Practice, which instructs members to assess mitigating circumstances and adopt a proportionate approach to enforcement.

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Supporting Evidence

• A valid Blue Badge was clearly displayed.
• The slight overhang of the rear wheel was trivial and caused no obstruction or harm.
• The driver was acting to prevent a distressing health incident for my mother-in-law, prioritising her dignity, mobility, and access to essential facilities.
• UKPC’s photos confirm our eligibility to use the bay and show no egregious parking behaviour.

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Request for Resolution

I am therefore requesting the following:

1. Immediate cancellation of the Parking Charge Notice.
2. A written apology for the stress and anxiety caused.
3. A review of UKPC’s enforcement practices on your site to ensure compliance with disability rights legislation.
4. Confirmation that staff and contractors operating on your behalf are trained in disability awareness and the legal requirements of the Equality Act 2010.

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Next Steps

If this matter is not resolved appropriately (and I have already escalated it to my local Member of Parliament), I will be required to escalate it to:

• The Parking on Private Land Appeals (POPLA) service,
• The British Parking Association for Code of Practice compliance,
• The Equality and Human Rights Commission (EHRC), and

Should the charge be pursued further, I will also consider a formal complaint under the Equality Act 2010 for failure to make reasonable adjustments and indirect discrimination.

I trust that you will take this matter seriously and act to ensure a compassionate and legally compliant resolution.

I’ve attached a copy of the photograph that I have been sent as part of the Notice to Keeper letter (Appendix item 1) and the blue badge (Appendix item 2).