PCN / Equality Act 2010

FluffyFroob

Hello,

I recieved a PCN for parking in a disabled bay without displaying a blue badge outside a coffee shop for 6 minutes. I used this space as myself and my partner were at the store to pick up a click and collect order. My partner was in a full leg brace and using 2 crutches following knee surgery. This was 4 operations in total, 3 of which were all at the same time. She was not allowed to bear any weight on the leg at all. The evidence picture shows every other disabled bay was empty and it was just before the closing time.

I contacted the coffee shops head office who passed me onto the franchise owner, they didn't respond to me in time so I appealed and the parking company rejected my appeal. They completely ignored the part where I said under The Equality Act 2010 this is a Direct discrimination and Unlawful charge by refusing to adjust the enforcement rules for a passenger with severe temporary mobility issues (recovering from four leg operations, in a brace, and on crutches)—when all other disabled bays were completely empty—renders the parking charge unlawful and unenforceable in a court of law.

Next step is appealing to the IAS but it looks as though they are funded by the parking companies and always side with them. What should I do next? I am happy to fight this in court if this truly is an unlawful PCN but I just don't know the laws well enough to know what my next steps should be. I obviously don't want a CCJ.
Thankyou for reading and thankyou in advance for any advice.

Coupon-mad

It was indirect discrimination, if anything. Not direct discrimination. You are certainly not advised to try IAS!

You haven't said which parking firm.

FluffyFroob

Hello, it was UKPS.

Half_way

before we go bathing up the wrong tree....

Did an occupant of the vehicle have a long term disability that affects their movement?

it's important that this disability is not a temporary one, such as a broken leg, recovering from an operation etc that they would be expected to make a full or near full recovery from.

There are many ways too deal with this, but it's important that the right path is taken

FluffyFroob

https://forums.moneysavingexpert.com/discussion/comment/82184325#Comment_82184325

Hello, this will be a short term disability as the passenger will (hopefully!) be walking pain free once fully healed from this operation. I parked there as it is right outside the door so the safest, quickest route to help her enter the coffee shop.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82184516#Comment_82184516

Therefore you were not entitled to park there but no paying UKPS. Just ignore them.

Half_way

The Equality act, and the requirements to make reasonable adjustments can be a strange beast.

A Blue badge, or lack thereof does not qualify or disqualify someone form acceessing "reasonbable" adjustments.

I know people who would more than qualify for a BB but refuse to get one as not every day is a bad day, so they strugle on out of pride and a feeling that they are not always that bad.

Knee surgery is not something that is carried out on a whim, and is often the result of an underlying condition.

So to beat this there are a few ways forward:

Failure to comply with the Protection of freedoms act - this is only good if the parking company has failed to comply, and lots of them fall at this hurdle AND the Drivers identity remains unknown , this means that you dont id the driver, anywhere - in your complaints to the landowner, to dealing with the parking company or posting on an open site like this, facebook or anywhere else

Only 6 minutes to pick something up, the case of Jopson vs Homegaurd stated that loading/unloading inst parking, and occupant of the vehicle was loading goods ( picking up) and the vehicle did not stay for longer so it was not parked.

FluffyFroob

https://forums.moneysavingexpert.com/discussion/comment/82184529#Comment_82184529

Why? Is there a reason not to pay or just because we all hate these bullies? I fully agree but also don't want a CCJ

FluffyFroob

Yeah the passenger has been in severe pain for years…long story short full cartilage loss and theyre not even 30 yet! What do you reccomend moving forward? If I have to pay I will but if theres a legal way out i will fight it out if principal. Theyre bullies. They named the legal keeper in the letter sent to the address but I have used no names anywhere. I have a medical discharge letter detailing the operations and the instructions to use brace, crutches and no weight baring as evidence

kryten3000

https://forums.moneysavingexpert.com/discussion/comment/82184607#Comment_82184607

You won't get a CCJ if you follow the process here. Step 1 is to ignore UKPS, why waste your time arguing with them when they will never accept an appeal anyway.

Coupon-mad

Nobody here risks a CCJ.