pcm parking ticket but disabled

daffas6688 · 22 December 2016 at 11:14PM

I have recieved a parking ticket on a private housing estate. The company is Parking Control Management of Slough. It isn't a police or official council one.
I have a bad back and have difficulty in walking, some days worse than others. This particular day I went to collect my grand daughter from after school club, and was in particular pain, so didn't park 400 yards away in supermarket as I usually do. The school is on a private housing estate , with no provision near school for disabled parking. I sat in my car , on a bit of pavement, not even double yellow lines. I was in the vehicle with the badge displayed. I was too busy looking in school door to notice someone taking a photo of my car!I was there for 2 to 3 minutes.I know I have to appeal but want to know about this clause on their notice quoting Protections of Freedoms Act Schedule 4. I feel this is unfair to people with blue badges and my car was causing no trouble at all. What should I say in the appeal which I know will get thrown out. I feel like saying take me to court to save the hassle as believe they don't like doing that as it costs them too much. Also I feel I would win anyway. Any advice please.Thanks Dee

Coupon-mad · 22 December 2016 at 11:29PM

I know I have to appeal but want to know about this clause on their notice quoting Protections of Freedoms Act Schedule 4.

That is standard, just means that if they do not know who the driver was, they might be able to hold the registered keeper liable.

How long did it take them between the parking event and you receiving the PCN letter?

I feel like saying take me to court to save the hassle as believe they don't like doing that as it costs them too much. Also I feel I would win anyway.

Good. We agree.

Reminds me of this case perhaps, with signs prohibiting parking, which you did not see and which offer no 'contract' to pay £100 anyway:

http://parking-prankster.blogspot.co.uk/2016/04/pcm-uk-signage-does-not-create-contract.html

Any appeal will get thrown out but send one anyway, to look reasonable and get it recorded on the case file that you are disabled and were not parked. I would not use a template, I would appeal with a copy of the Blue Badge and state that no signs were seen by the driver and you require to see all photos taken of the signs, lines and the car which was not parked/left for any period at all and had you sitting in it with your Blue Badge.

Finish by protesting that hiding in shadows to take photos of a disabled person (unbeknown to them) sitting in a car for a minute, is very clearly a breach of the IPC Code of Practice, in terms of predatory practices. It also offers no grace period to read signs so there is no cause of action and the PCN should be cancelled.

Umkomaas · 22 December 2016 at 11:38PM

Check with the council whether the road is a public highway. I know you say it is a private housing estate, but if the council has adopted the road, then no private company has the right to issue any form of penalty/charge on it.

daffas6688 · 24 December 2016 at 6:19PM

I recieved the notice one week to the day after "the event" . the ticket has a photo of the sign saying about parking. But A: It was dark and B: I was in the car. I feel this is clearly discrimination as how on earth would a person in a wheelchair get to school meetings without a trek from a supermarket( which has it own parking rules) across a busy road etc.
I will photocopy my badge etc and write a stern letter. Even council traffic wardens approach and ask people to move on.

daffas6688 · 21 January 2017 at 7:02PM

As predicted my appeal thrown out. I told them I was in my car and everything else I was advised and included a copy of my blue badge. The road is indeed private ( umkomaas)
They replied the car was stationary and deemed parked for a reasonable time ( it wasn't long at all) They say whether I was in the vehicle is irrelevant. Also private land doesn't fall under the same regultions as the public highway, with regards to my commrnts on road markings. ( there were none and I wasn't in anyones way) They go on to say that on private land that disabled badges are not always accepted. This clearly discrimination! A public school is their land so the public have a right to be there. You can't expect the school to say no disabled children or parents because of the place it is situated.
What is my next form of action? Obviously they are still demanding payment., but the back it says about the independant appeals service but if I use this then the early payment offer will be refused. I am going to contact the appeals service .( they gave me a link https://www.theIAS.org) Or if I don't and ignore the fine they will take me to proceed with a debt recovery agent then court. What should I do?

Coupon-mad · 21 January 2017 at 7:31PM

Good, as expected. Did you say all of this as recommended?

Any appeal will get thrown out but send one anyway, to look reasonable and get it recorded on the case file that you are disabled and were not parked. I would not use a template, I would appeal with a copy of the Blue Badge and state that no signs were seen by the driver and you require to see all photos taken of the signs, lines and the car which was not parked/left for any period at all and had you sitting in it with your Blue Badge.

Finish by protesting that hiding in shadows to take photos of a disabled person (unbeknown to them) sitting in a car for a minute, is very clearly a breach of the IPC Code of Practice, in terms of predatory practices. It also offers no grace period to read signs so there is no cause of action and the PCN should be cancelled.

What is my next form of action?

Complain to the school and ask who appointed the parking firm, so you can escalate the disability discrimination complaint to the landowners who contracted them. They can cancel it. Someone can. Parking firms have to be appointed by someone who owns the land. Find that person.

I am going to contact the appeals service .( they gave me a link https://www.theIAS.org)

No you are NOT.
Read what the NEWBIES thread post #3 tells you about that and your next step when ignoring the IAS offer. This is already covered.

Redx · 21 January 2017 at 7:35PM

its not a "fine" either - you made that part up (its an INVOICE)

to some degree what they say is correct , as its private land , but if there is an accessway to this school etc , then the landowner should make "reasonable adjustments" under the Equality Act 2010, which is your ace in the hole

do find that person as CM said and make them squirm

your BB isnt "valid" on private land - check your booklet, but they do have to follow the laws of the land, in this case , the EA2010

so you are looking at it the wrong way , as a BB holder , whereas your other point about disability discrimination was correct (EA2010 , not the Blue Badge)

daffas6688 · 21 January 2017 at 11:24PM

Coupon I did all of what was suggested in my appeal . These people target school times and after school club times . I don't normally go there but obviously they have it all worked out targetting school run people, but to target people with mobilty diffculties is sad. I will try and find the land owner and will point out that there are no facilities for disabled parking outside the school. I will tell them this is discrimination and mention the " reasonable adjustments "under the equality act 2010. I will read the article you are referring to also.Thanks

Coupon-mad · 21 January 2017 at 11:32PM

Great - you are doing all you can. Just do not try the IAS. We will support and assist you until this is cancelled.

daffas6688 · 22 January 2017 at 12:05AM

Sorry I am not good at navigating this site:(. I found your information from December 16 and another reference to #3 near a template for a letter but now confused lol. But as for Newbies and #3 I am not sure what I am supposed to have or if I have indeed read it lol

Redx · 22 January 2017 at 1:40AM

the NEWBIES sticky thread is near the top of this forum where your thread is , it is "stuck" to the top of the forum so it doesnt get lost

find it and read the first 4 or more posts which are all written by coupon-mad , each post has a # next to it on the right

so #1 means post number 1 , hash 2 (#2) is post number 2 etc

and please read this blog which shows how incompetent and corrupt these people are

http://parking-prankster.blogspot.co.uk/2017/01/resident-counterclaims-against-ukpc-for.html

here is what prankster said (which also applies to many landowners too) and the same can be said regarding the Equality Act 2010 and the rights of the disabled

An analysis of the legal issues around residential parking is here.

It is clear that parking companies have no idea of the laws which govern their own industry.

This sad state of affairs has been compounded by unscrupulous shysters of the likes of Will Hurley and John Davies who cruelly convince parking companies they have a valid case, while actually the reverse is true.

Instead of guiding the companies to be within the law, they actively encourage sharp practices and the issuing of tickets in situations where they cannot, in the Prankster's opinion, possibly be valid.

pcm parking ticket but disabled

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