PCN for not displaying my blue badge in a private car park.

TezClark

I am being chased for a parking fine given to me a while ago from UKCPS LTD , I tried to tell them I had a blue badge but on this occasion I had forgotten to display and told them I suffered with brain fog and had just changed some medication and also had a lot of pain that day so I wasn’t at my best but needed to go to the shops . 

They wasn’t interested in my plea and carried in with further action, I had replied to the letters regarding court and today I have had mediation with a mediator supplied by gov.uk . 

I explained the equality act 2010 that doesn't mean I am under any obligation to display my blue badge in a private free to park car park. On this occasion it just slipped my mind due to other issues I was dealing with that day. 

I was also using the facilities that the car park is there for and it is a free to park car park. 

The mediator told the other side what I had said and they said how re they supposed to know I have a blue badge or that I’m disabled if I don’t display it so they say the badge has to be displayed to prevent tickets being given. 

All their letters and harassment has caused me more mental illness and I am very anxious especially when I park there now, and keep wondering if I’ve displayed my badge and even sometimes don’t use the disabled bays because of this, which causes me more pain and discomfort if I have to struggle to get in or out of my car in smaller spaced bays. 

They say they will take it to court so I’m now worried again as they say I owe them over 200 pounds and I am on benefits that I can’t afford to lose that kind of money to these robbers . 

Any help and advice would be greatly appreciated. Thanks 

Fruitcake

It is not a fine. 

The Equality Act 2010 is quite clear. It requires service providers to "anticipate the needs of people with protected characteristics." This includes disabled persons whose cognitive function is affected by their disability. In other words, they are required by law to anticipate the fact that people with disabilities will park in an accessible parking bay, and they are required by law to anticipate that some people with a cognitive disability will forget to display a blue badge. 
Failure to anticipate the needs of such a person is a breach of the Equality Act, and a criminal offence. They don't need to know if a person is disabled if they don't display a blue badge; they are required by law to anticipate the fact that they have a disability.

In any case, the blue badge scheme does not apply on private land, therefore forcing someone to display a badge that does not apply is an unfair contract term, and a breach of the Consumer Rights Act 2015.

How did you get on with complaints to the landowner and your MP? 

Coupon-mad

Stay confident. No worries. Carry on and it is very likely Moorside Legal will discontinue the claim before the hearing in 2026 anyway. 

TezClark

Thanks for the help, the mediation didn’t go well for me as such as they said they will still pursue the claim in court, i also asked the mediator if I would get court notification via letter in the post but they said they didn’t know.

i mentioned that I forget to check emails so i probably wouldn’t get the notification if it was via email but again they didn’t know, they gave me the court address to write to them to ask them to send any notice via letter through the post but I haven’t done this and I’ll forget before getting around to it anyway. 

After he told them I wasn’t paying the fine , he just said that he had done his part and now I’d have to await court confirmation. 

I also asked for a different court but this wasn’t changed either but I haven’t had any court confirmation or letters yet. 

This car park is prone to being this way that moorside have control over. 

I didn’t contact the landowner as I wasn’t sure who to contact . 

Gr1pr

Definitely not a fine,  just an unpaid Invoice,  I am surprised that you have not realised that yet

Mediation went as expected,  no compromise,  so the claim will progress in the usual manner,  no biggie, a typical outcome in many cases on here 

Wait for the court order from your local civil court that you nominated on your N180 DQ document 

Coupon-mad

Mediation did go well for you. EXACTLY as planned! No idea why you think otherwise.

Moorside don't control car parks. Moorside Legal are a supposed law firm offshoot of Trace Debt recovery. Literally nothing to worry about and they'll discontinue before the hearing.

Everything from court comes by post.

kryten3000

When was the parking event? Did the parking company offer you a reduced admin fee of £20 when you initially appealed the charge?

Probably not important as the most likely outcome is a discontinuance, but better to be prepared.

TezClark

Thanks everyone for the help, no they didn’t offer a lesser fee.