Euro Car Park charging for Disabled Parking

driver_needing_help · 1 April 2018 at 9:38PM

Hi all,

As a newbie I've read the Newbie parking thread which is really helpful!! I had a quick question which I've not been able to find an answer to.

Some Background info first...Myself and a disabled friend parked in a disabled bay in a private car park in England (run by Euro Car Parks). There was no signage next to the disabled parking bays and from a quick read of the signage at the entrance to the car park, the only requirements for using a disabled bay were to display a valid blue badge, which we did. On return to the car park 2 hours later, a ticket had been put on the windscreen. Re-reading the sign at the car park entrance, there is a line in the T&C's saying there are 'no concessions for disabled spaces' but this info is not with the rest of the disabled text which was next to a big wheelchair logo.

I am in the process of complaining to the land owner to say that I am a regular paying customer and that the poor signage is the only reason for what was an honest mistake in not paying. All the advice I've seen says don't identify the driver to the PPC, but in order to complain to the land owner I need to tell them what happened and can't see how to do this anonymously.

So my question...Is it ok to reveal the details of who was driving to the land owner, (as I think it will make them more empathetic and likely to cancel the ticket)? Or is it imperitive to not give this info away?

Many thanks

Silvercloud18 · 1 April 2018 at 10:03PM

i cant offer much help as i'm a newbie myself but i would suggest taking out that you were the driver from your post on here as i was advised these companies trawl the internet digging for dirt

Guys_Dad · 1 April 2018 at 10:25PM

Private land is different from public land. Whereas on public roads, there are concessions for disabled people to park. However, the right to park for free in private car parks when able bodied people have to pay is a totally different matter. Landowners have the right to charge all drivers if they so desire. Even the NEC at Birmingham charge disabled drivers. Free parking on private land for BB holders is not an automatic default.

If you look at the Blue Badge t&c as published by the government BB scheme

11. Places you need to check before parking
11.1 Off-street car parks (such as supermarket, hospital or local authority car parks)
Off-street car park operators should provide parking spaces for disabled people. However, it is up to the car park owner to decide whether badge holders can park free of charge.

See https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-england/the-blue-badge-scheme-rights-and-responsibilities-in-england

You and your friend didn't check as advised by the BB t&c, so the onus is on you to see if any concessions apply.

I am not trying to be critical, but do take the above points into consideration when making your appeal to the landowner and PPC.

driver_needing_help · 1 April 2018 at 10:25PM

Silvercloud18 wrote: »

i cant offer much help as i'm a newbie myself but i would suggest taking out that you were the driver from your post on here as i was advised these companies trawl the internet digging for dirt

Thanks Silvercloud, I don't think I've actually stated who was driving in my post...but this does prove quite how hard it is to tell the storey without mentioning it!

driver_needing_help · 1 April 2018 at 10:36PM

Guys_Dad wrote: »

Private land is different from public land. Whereas on public roads, there are concessions for disabled people to park. However, the right to park for free in private car parks when able bodied people have to pay is a totally different matter. Landowners have the right to charge all drivers if they so desire. Even the NEC at Birmingham charge disabled drivers.

If you look at the Blue Badge t&c as published by the government BB scheme

11. Places you need to check before parking
11.1 Off-street car parks (such as supermarket, hospital or local authority car parks)
Off-street car park operators should provide parking spaces for disabled people. However, it is up to the car park owner to decide whether badge holders can park free of charge.

Thanks Guys_Dad, I've done some reading up on the BB scheme since then and am now aware of this. My issue here is that there is a dedicated section on the signage for information relating to disabled people and the bit about there being 'no concessions for disabled' was elsewhere on the signage...therefore easy to miss when reading the sign.

No one knowlingly did do anything wrong so we're keen to avoid a bill for nearly £100. If we'd known there was a charge parking, we would have gone elsewhere. Guys_Dad, it sounds like you think this is not worth fighting?

KeithP · 1 April 2018 at 10:38PM

You just need to state that an occupant of the car is a blue badge holder.

Guys_Dad · 1 April 2018 at 10:43PM

driver_needing_help wrote: »

Thanks Guys_Dad, I've done some reading up on the BB scheme since then and am now aware of this. My issue here is that there is a dedicated section on the signage for information relating to disabled people and the bit about there being 'no concessions for disabled' was elsewhere on the signage...therefore easy to miss when reading the sign.

No one knowlingly did do anything wrong so we're keen to avoid a bill for nearly £100. If we'd known there was a charge parking, we would have gone elsewhere. Guys_Dad, it sounds like you think this is not worth fighting?

No. Appeal to the landowner but if any of the other advisers on here advise relying on the EA2010, then I think that would be sticky ground. There is provision for disabled drivers and any clued up brief would bring out the rules of the BB scheme as I just did. You need to consider the strategy required for the appeal letter.

Certainly the PPC and landowner be made aware that the BB holder was in the car, but don't admit to who was driving. Hold off till you get the NtK or appeal at day 26 as per Coupon-Mad advice

Fruitcake · 2 April 2018 at 11:22AM

As above, appeal using the standard template from the NEWBIES thread. If/when it is rejected, appeal to PoPLA using all the relevant template points from post 3 of the NEWBIES.

Again, I'm not sure why a BB user would think there wouldn't be a charge for parking if this was a P & D car park. Unless you found anything to the contrary you would assume you had to pay, especially as you say you are a regular customer.

Do not reveal the driver's identity to anyone, not even the landowner. Only ever refer to The Driver and The Keeper, and a disabled occupant, who are three different people.

driver_needing_help · 2 April 2018 at 11:56AM

Thanks Fruitcake, very clear guidance on the way to refer to the various parties involved.
To answer your other points:
- Frequent visitor but normally on foot, the car was only used due to the disabled person.
- didn!!!8217;t think the P&D charges applied as this car park is listed on the council website, and council policy is to not charge. No one realised it was a private car park until after the event.

Thanks

The_Deep · 2 April 2018 at 12:05PM

I am not sure who is at fault here, you for not reading the signs, or the PPC for unclear signs, but complain to your MP anyway.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

driver_needing_help · 2 April 2018 at 12:48PM

Thanks The Deep,

I agree that this is not a clear cut case and that whilst the signage is not as clear as it could be, it was there. I!!!8217;m trying to determine if it is worth just paying up if the complaint to the land owner and MP are unsuccessful?

My understanding is that, for PPC to make a civil claim they need to demonstrate the driver willingly and knowingly entered into a contract. In this case, the driver did not do this as there was ample alternative parking nearby which was eligible for free parking with a BB (ie there is no motive to risk a ticket in the PPC).

I doubt the PPC have any evidence of who the driver was, is this sufficient to fight the ticket as the registered keeper? Or if this went to court, is that argument likely to be thrown out?

Euro Car Park charging for Disabled Parking

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free