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  • FIRST POST
    • ruthmcb
    • By ruthmcb 23rd Dec 17, 6:42 PM
    • 3Posts
    • 7Thanks
    ruthmcb
    Disabled parking
    • #1
    • 23rd Dec 17, 6:42 PM
    Disabled parking 23rd Dec 17 at 6:42 PM
    Hi - new poster here I've read the various threads - but a little advice would be great.
    Facts - parked in a disabled bay of a free car park (shopping centre) because I was taking an elderly disabled relative for a hearing aid check. Displayed their disabled badge as usual. It was a Tuesday morning car park and all disabled bays were empty. Used the disabled bays so the car door could be opened wide for person to swing their legs out. When returned 90 mins later there was a parking notice - on checking I found the disabled badge had expired, relative had not noticed and just handed to me - I didn't check. First mistake - I assumed the notice was a PCN... and not an invoice - I appealed directly to them explaining the mistake and that a replacement badge had been applied for, they requested to see it and as soon as it was issued I sent a photo. They then rejected the appeal. Second mistake I went through the POPLA process without using a template as I didn't know about this forum - (interestingly on the site they direct you not to use template content - I wasn't really sure what they meant - now I know). POPLA have just declined the appeal and I have received a letter from UKPC demanding 85 within 28 days. This feels so over the top, it is a totally free car park, yes a mistake was made in so much as an elderly disabled person forgot to renew - but this was rectified. Their rationale is that we were depriving a disabled person of a space - however the car park was empty and the person was entitled - this feels so vindictive however that is prob my emotion - should I just give up or are they being reasonable?- Ta
Page 1
    • fisherjim
    • By fisherjim 23rd Dec 17, 6:58 PM
    • 2,985 Posts
    • 4,541 Thanks
    fisherjim
    • #2
    • 23rd Dec 17, 6:58 PM
    • #2
    • 23rd Dec 17, 6:58 PM
    UKPC are not reasonable they are just greedy Muppets after money, a disabled badge is not valid on private land anyway.

    In this case it is an indicator to their tame monkey (or profit centre as they call them) that the car was there with legitimate reason, but their excuses to reject your appeal are just to feed their coffers.

    Any appeal to POPLA must be about procedural non conformance yours was just mitigation I'm afraid.

    The only thing you can try now is a complaint to the land owner that engage these despicable scum in the first place.

    No one on here will advise you to bow down to these awful liars anyway, that falsify evidence and have been accused of targeting the disabled as it's lucrative.
    • Coupon-mad
    • By Coupon-mad 23rd Dec 17, 6:58 PM
    • 58,303 Posts
    • 71,833 Thanks
    Coupon-mad
    • #3
    • 23rd Dec 17, 6:58 PM
    • #3
    • 23rd Dec 17, 6:58 PM
    They are unreasonable and I would fight this in court if they try.

    I would first of all write one more email (don't waste a stamp on them) to:

    appealmoreinfo@ukparkingcontrol.com

    And robustly say they have failed to make a reasonable adjustment for a disabled person who they 'knew or should have known' had the right to use a disabled bay. A recently expired Blue Badge is indicative of a disability need, same as an in-date one would be.

    UKPC being a private company are not entitled to 'police' Blue Badges and must follow the 'Service Providers Code of Practice', a statutory duty flowing from the Equality Act 2010 which any customer-facing company must observe, by law.

    Because they knew the person was disabled (the clue was in the Badge regardless of date on it, because the disability need doesn't just expire), a fair action to make a 'reasonable adjustment' would have been for UKPC to cancel the unfair charge. Simple.

    Tell them to continue would be harassment of a disabled person and/or their carer (unlawful under the EA) and their client, the landowner, is jointly and severally liable. Also say you are complaining to your MP - and DO SO - and copy in the retailer/retail park Management. You want to rattle some cages here and rattle UKPC.

    Post #27 here shows the sort of email to adapt - this one is a reply to a Letter before Claim - that talks about the Equality Act and dragging the landlord/retailer into it (which PPCs hate):

    http://forums.pepipoo.com/index.php?showtopic=116175&st=20&start=20

    That one isn't the same but the paragraph at the end is the sort of thing to write (I wrote that one).

    Don't pay it. This is nasty old UKPC, look, they are not worthy of your money:

    http://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html

    UKPC are ex-clampers who NO-ONE here pays, unless the poster actually loses at a hearing in court. UKPC do try some claims in the small claims track, but recently only 'multi-ticket cases' where 4 figures are at stake (and we win 99% of them!).

    If you get a claim then we will help you defend it - are you the keeper of the car, getting the letters?
    Last edited by Coupon-mad; 23-12-2017 at 7:01 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Redx
    • By Redx 23rd Dec 17, 7:14 PM
    • 18,304 Posts
    • 23,184 Thanks
    Redx
    • #4
    • 23rd Dec 17, 7:14 PM
    • #4
    • 23rd Dec 17, 7:14 PM
    I was going to say something similar to the above but CM has covered all the angles

    suffice to say that those bays are provided for people who qualify under the EA2010 and the badge showed the intent and the provider should have known better

    I have a long term disability and my disability wont cease to exist in 2 months time when my badge expires , I have had the issue for over 30 years !!

    so yes do what she said and email UKPC

    and email your local MP too

    complain to the retailer , landowner or Managing Agent as well, mentioning the EA2010 (THIS SHOULD HAVE BEEN DONE LONG AGO BY THE WAY)

    get aggressive , get forceful , get the bit between your teeth and go after them like a bull terrier after vermin (which they are)

    if at any stage UKPC try a court case, come back for further advice

    and let us know if you get it cancelled and what triggered the cancellation

    do NOT sit on your hands
    Last edited by Redx; 27-12-2017 at 2:55 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • ruthmcb
    • By ruthmcb 27th Dec 17, 2:15 PM
    • 3 Posts
    • 7 Thanks
    ruthmcb
    • #5
    • 27th Dec 17, 2:15 PM
    • #5
    • 27th Dec 17, 2:15 PM
    Thanks for all the responses - I will definitely follow up and let you know what happens -
    • ruthmcb
    • By ruthmcb 4th Jan 18, 4:06 PM
    • 3 Posts
    • 7 Thanks
    ruthmcb
    • #6
    • 4th Jan 18, 4:06 PM
    • #6
    • 4th Jan 18, 4:06 PM
    Dear posters
    I followed advice and wrote a firm but polite email saying I would not be paying and outlining why. I also copied (and emailed separately explaining why) the general manager of retail park, my MP and the Minister for the Disabled. I had an immediate response from the GM saying they would look into it and then a day later a response from UKPC cancelling the invoice. Thank you all for your input - you gave me the confidence (and the arguments) that I was in the right...Happy New year
    • The Deep
    • By The Deep 4th Jan 18, 4:17 PM
    • 9,438 Posts
    • 9,177 Thanks
    The Deep
    • #7
    • 4th Jan 18, 4:17 PM
    • #7
    • 4th Jan 18, 4:17 PM
    Well done Madam.


    There are two ways to deal with PPCs who try to override EA rules, yours and taking them to court for disablement discrimination.


    They seem to think that we disabled are fair game. Some of us can still win !!!! kicking contests.
    You never know how far you can go until you go too far.
    • knightstyle
    • By knightstyle 4th Jan 18, 6:22 PM
    • 4,732 Posts
    • 1,757 Thanks
    knightstyle
    • #8
    • 4th Jan 18, 6:22 PM
    • #8
    • 4th Jan 18, 6:22 PM
    Great result, we had a similar problem a few years ago and got off after writing a letter to the council, it was a council car park.
    One thing to note is that when you apply for a new blue badge you get a ref. number and it helps to quote this number in any letter till the new badge arrives.
    • Coupon-mad
    • By Coupon-mad 4th Jan 18, 10:34 PM
    • 58,303 Posts
    • 71,833 Thanks
    Coupon-mad
    • #9
    • 4th Jan 18, 10:34 PM
    • #9
    • 4th Jan 18, 10:34 PM
    Dear posters
    I followed advice and wrote a firm but polite email saying I would not be paying and outlining why. I also copied (and emailed separately explaining why) the general manager of retail park, my MP and the Minister for the Disabled. I had an immediate response from the GM saying they would look into it and then a day later a response from UKPC cancelling the invoice. Thank you all for your input - you gave me the confidence (and the arguments) that I was in the right...Happy New year
    Originally posted by ruthmcb
    Happy New Year and well done, you join the long list of successful posters here!

    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Ralph-y
    • By Ralph-y 4th Jan 18, 11:19 PM
    • 2,646 Posts
    • 3,322 Thanks
    Ralph-y
    yes ... well done .......

    now would you kindly consider read this link

    WHICH are asking again for consumer problems

    https://whichcouk.bsd.net/page/s/which-taking-on-2018

    we have started to ask as many posters as we can to write and explain what happend to them regarding this ... so called industry ...

    Thanks

    Ralph
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