Private parking fine

Delta101

Hi there 

I have been reading through past threads to get an idea of things. I haven't found a query exactly the same as mine but it seems we are all under similar diabolical tactics.

In short, I parked at a FREE B&M carpark and it seems that I forgot one day to put my Blue Badge on display. I sent them a copy of my Blue Badge and pointed out it is a FREE carpark!

They have got back to me and said they are still correct but want a goodwill gesture of £20. This is reduced from £170 (with apparently no right to appeal)

Popla has been mentioned in a paragraph thick with absolute nonsense. 

Any advice is greatly appreciated. 

Fruitcake

It is not a fine.

The Blue Badge scheme does not apply on private land, but the Equality Act 2010 does. 

Please tell us the name of the unregulated parking company and the location of the event.

Failing to anticipate the needs of a disabled person with protected characteristics as defined by the Act is indirect discrimination, a breach of the Act, and a criminal offence. 
Failing to make reasonable adjustments after being made aware a person with disabilities who has protected characteristics is direct discrimination, a further breach of the Act, and a separate criminal offence.

Requiring a person with disabilities who has protected characteristics do something that an able bodied person without protected characteristics is not required to do discrimination, a breach of the Act, and a criminal offence.

An absence of Blue Badge does not mean an absence of disability, nor an absence of legal requirement to comply with the Act.
Not everyone with a disability who has protected characteristics has a Blue Badge. 


I suggest you complain to the store manager and the CEO, and your MP, and remind them of the law.

It would also be useful if you and other motorists highlighted the above in the government consultation, otherwise a new mandatory parking code of conduct might be introduced that itself breaches the Equality Act 2010 unless the requirement to display a Blue Badge is made optional, not mandatory.
The parking industry has had nearly fifteen years to come up with a solution to this, and was reminded of it at the last consultation years ago, as was the former government.

Coupon-mad

Delta101 said:

Hi there 

I have been reading through past threads to get an idea of things. I haven't found a query exactly the same as mine but it seems we are all under similar diabolical tactics.

In short, I parked at a FREE B&M carpark and it seems that I forgot one day to put my Blue Badge on display. I sent them a copy of my Blue Badge and pointed out it is a FREE carpark!

They have got back to me and said they are still correct but want a goodwill gesture of £20. This is reduced from £170 (with apparently no right to appeal)

Popla has been mentioned in a paragraph thick with absolute nonsense. 

Any advice is greatly appreciated. 

Complain to B&M telling them that it's illegal to demand a £20 fee from a disabled person for cancelling a PCN (which is in itself a 'reasonable adjustment' - the action of cancelling the charge afterwards - saying 'but pay us an admin fee that's not on the signs').

If this £20 is allowed by the government then DRAs will also charge it to consumers for cancelling disputed cases at pre-action stage. That cannot be allowed to happen and in the case of disabled people it is illegal to charge them for using an accessible bay.

Effectively, this is what they're doing but this approach breaches the Equality Act 2010: service providers are not allowed to charge money for 'reasonable adjustments' and it's also specifically illegal under that Act, to harass a person for reasons connected to their protected characteristics. This means it is illegal.

Tell B&M this and insist they step in to stop this harassment of a disabled shopper by their agents.

Delta101

Hi there,
The B&M Store 
593 - 613 Old Kent Rd, London SE15 1LA

I was visiting my daughter at the time. This isn't my usual B&M.

UK Parking Control seem to be the landowner. I can give the full address.

I'm not well enough to fight. I think this is why they are doing this but I cant pay them £20 for a FREE carpark. They are going to put more costs on if I dont respond in 14 days. Even though I have 28 days to go to Popla. There is even a reference number ready for me to apply to Popla. I didn't even spend £20 in the shop.

It seems the only way out is to pay the money but I dont think the Courts would be too happy with such discrimination??? Are there legal experts I could go to? Kind of like, no win, no fee?

Coupon-mad

Absolutely not the only way out.

You just ignore UK Parking Control, who are certainly not the landowner.

But to avoid the daft scary letters shown in pictures in post 4 of the NEWBIES thread, you need to complain to B&M and maybe the retail park property agents if they are the ones who have the contract with UKPC.

PCNs can always be cancelled.

You do NOT need a solicitor.

We (regular posters who are replying to you) offer bespoke advice for no fee at all and are very much experts in this sector. We help people defend & win court cases v parking firms, including UKPC, daily.

DO NOT PAY.  If you need more support to complain to the retail park, then ask your constituency MP to assist you. 

Delta101

Coupon-mad. Thank you for the message.

I complained to B&M. They got back to me straight away stating they have no ability to intervene. They said if I have a receipt that this could help to resolve matters.

I responded with quotes from this thread regarding the illegality of the situation. Thank you all so very much for teasing apart the fictions.

I have reiterated to B&M that I need this to be resolved by them within 7 days because I was coming to their store. I attached a receipt.

I'll keep you updated.

Gr1pr

Chances are that B and M are tenants,  not landowners,  so the real power lies with the retail park management company,  or landlord,  or actual landowner 

On GSV looks like the entrance is at around 8 Sandgate St, with a sign stating private parking for customers only

Coupon-mad

But let's hope they can email a cancellation. Not sure why they asked for a receipt otherwise.

Delta101

B&M have refused to get involved.

Coupon-mad

Gr1pr said:

Chances are that B and M are tenants,  not landowners,  so the real power lies with the retail park management company,  or landlord,  or actual landowner 

On GSV looks like the entrance is at around 8 Sandgate St, with a sign stating private parking for customers only

So you do this as already advised.

Delta101

The property stands on its own. Its not part of a retail park. 

My MP seems to be interested in helping. 

Here is the response from B&M after sending them my receipt.

Good Afternoon XXXXXXXXX   Thank you for your email, your concerns have been escalated to myself.   I am sorry to hear you have received a parking notice while visiting our B&M store   Unfortunately UKPC will not allow B&M to act on behalf of a customer.   B&M have no control over parking notices as this is private land.   With the above in mind we can nor assist further.   I understand this is not the outcome you hoped for.   Kind regards Debbie - B&M Customer Services