Confusing Blue Badge Disable Parking Signs. Premier Park.

Yogarat

Hi, I'm a newbie to the PCN Forum.
Grand Junction Retail Park, Crewe.

Passenger B had broken her foot a week or two prior to this event and was on crutches, plus she was using a non powered mobility scooter. B's number plate fell off during the hot weather, the adhesive tape had failed and so needed a solid screwed fixing kit. Driver A took B to Halfords, on the local retail park. On entering the retail park via the main access road, Blue Badge Disable Parking Signs are easily seen, even from the main access road throughout the retail park. The Blue Badge Disable Parking Signs are all directly outside of the retail shops on the Access roads with clear additional signs showing A big blue P and a blue Disable symbol, plus "Disabled badge holders only, 2 bays", some say 3 or 4 bays, and are marked bright yellow paint.
Photos taken.

Driver A spotted unoccupied spaces just off the main access road, away from the shops, which were Parent and Child spaces, and next to those are 2 spaces with just a disable symbol plus criss cross lines painted on the tarmac. The car was parked with the thought that it was for disabled people without blue badges, as there are disabled people with no blue badge albeit temporary or otherwise, thus giving room to exit the car.

On returning to the car a coupe of people were waiting for A and B and said that pictures have been taken of the car by the car park attendant and they had the same problem last year, but they just paid the charge early just to get rid of the problem. Photos were taken of the total lack of signage apart from the standard information ones that hang from the lighting posts.
A an B spoke the assistant manger of Halfords and left details, and emailed but never had any response.
Savills (Park Management Company) were emailed and again never had any response.

 I received the Premier Parking PCN through the post which basically states the car was parked in a disabled bay without displaying a blue badge, £60 initially. I have appealed using forums letter and responding as the registered keeper and not disclosing the actual driver at the said time, and stating that there are No actual signs in that central area saying it was a Blue Badge Holders only parking bay, and right next to the Parent and Children bays. Photos provided along with a copy of the Hospital Discharge Notice of B and photo taken at the time with protective foot boot, crutches etc.

I received a rejection letter 3 days before their deadline ;-( stating their Blue Badge Parking areas are clearly marked and I have reached the end of their internal appeal, so now they are giving me the choice, to pay up or appeal to POPLA. They say also, by law, they need to inform me that the Ombudsman Services provide an alternative a dispute resolution service too, but THEY decided not to go down that route and if I chose to appeal then I must do so to POPLA???.

I would appreciate any advice on which way to go forward with this as I am determined not to pay this PCN as it smells a funny colour. I think the lack of signage in this one area is a set up, it lures people in and are then pounced on.

Best regards, Yogarat.

bazdvd

if it was a disabled marked bay then blue badge users only are allowed to park in them. The rules are shown on may sites around the car park.

Coupon-mad

bazdvd said:

if it was a disabled marked bay then blue badge users only are allowed to park in them. The rules are shown on may sites around the car park.

Not correct on private land. The law says the service provider (parking firm and landowners too) must make reasonable adjustments for people with protected characteristics.

The (council only) Blue Badge scheme is only one of several possible indicators of disability need.

I would appreciate any advice on which way to go forward with this as I am determined not to pay this PCN as it smells a funny colour.

Agreed. You won't be paying but if you try POPLA (which is not fully independent) you'll need photos to show no t&cs signs in the accessible bay area.  That is probably the case. Go back and get photos this weekend.

Savills will be worth a follow up email.  They normally step in.

Bradden

Coupon-mad said:

bazdvd said:

if it was a disabled marked bay then blue badge users only are allowed to park in them. The rules are shown on may sites around the car park.

Not correct on private land. The law says the service provider (parking firm and landowners too) must make reasonable adjustments for people with protected characteristics.

The (council only) Blue Badge scheme is only one of several possible indicators of disability need.

Does having a broken foot count as a protected characteristic? 

Coupon-mad

Thing is we can't assume so I didn't pass an opinion on that but the law says (my paraphrasing):

A condition (whether mobility, physical or mental) is a protected characteristic if it is likely to cause significant detrimental difficulties affecting daily life, for more than 12 months.

The '12 months' doesn't mean continuously, so remitting and recurring issues over a year does count: for example a badly healed break that causes chronic pain long after the break would count, as would a break requiring further treatment over a long period.

So, a straightforward broken arm wouldn't count but a broken foot (especially if the person is elderly, doesn't heal well or is unlucky enough to develop a secondary issue like chronic pain) might count. Everyone is different.

So yes, because shopping normally means we are on our feet for hours, it's possible a broken foot could impair and slow down a shopper for months or even years after the break. And they might need more time and/or the car nearer the shops for when they are exhausted after hours of trudging around.

They probably won't need a wider bay but accessible bays are not just about that. Even people with blue badges don't generally need the wider bay aspect, which is there mainly to accommodate walking aids or wheelchairs (which I'd say most BB holders do not use, especially since that scheme was extended last year to include certain invisible disabilities).  

Brie

is it too late to go and talk to the shop to get the PCN pulled?

Coupon-mad

Never too late.