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Do I have to pay this fine?


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I am a disabled driver, and went in to a shop (on a private car park) and forgot to display my blue badge. Wrong of me I know, but when I returned to the car some five minutes later I had a ticket.

The ticket was from UK CPS. I know I can appeal, BUT (1) Do I have to pay the fine before appealing (as the fine goes up to £100 if I don't pay within 14 days)? (2) Am I likely to get my money back if I do pay immediately and (3) Is this fine legal if I produce a copy of my blue badge? Many thanks

 

I rang CAB and I have been told that I could be taken to court NOT for parking in a disabled place without displaying my blue badge, BUT because I have trespassed on private property.

 

I DID make a purchase from the retail park, so how can I have been trespassing?

 

Now I feel really upset and confused. Can anyone help me please?

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No you don't have to pay it. For a start it's not a "fine", and the Blue-Badge scheme does not apply in private car-parks. In fact the parking company is breaking the DDA by just limiting disabled spaces just to Blue-Badge holders. This is because the parking companies are discriminating against people who don't have blue badges.

 

Do not appeal and do not contact the company in any way. As for the CAB that "advice" is complete nonsense.,

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Many thanks for the advice. The parking space clearly had yellow painting showing a disabled parking place only, that is why I parked there.

I was on a retail park, and I wonder if I should contact the shop where I made my purchase.

I also contacted another CAB in another town. This time I was told that I MUST PAY THIS DEBT because that is their rules, and because I was on private land.

This is really stressing (and confusing) me.

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Many thanks for the advice. The parking space clearly had yellow painting showing a disabled parking place only, that is why I parked there.

I was on a retail park, and I wonder if I should contact the shop where I made my purchase.

I also contacted another CAB in another town. This time I was told that I MUST PAY THIS DEBT because that is their rules, and because I was on private land.

This is really stressing (and confusing) me.

 

Don't get stressed. All this is covered by civil law which is so designed that one private citizen (the landowner/Parking company) cannot punish another private citizen (you). So all they can claim from you is any actual material loss suffered by them. As this was a free car-park then no loss has been suffered. End of story.

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As above it's a mail [problem]. You will get something along the lines of :-

 

2 letters form PPC

2 letters from DCA (next desk)

2 letters from supposed solicitor (next but one desk or if real cheapskate the cleaner).

 

Then peace and quiet

 

dpick

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I am a disabled driver, and went in to a shop (on a private car park) and forgot to display my blue badge. Wrong of me I know, but when I returned to the car some five minutes later I had a ticket.

The ticket was from UK CPS. I know I can appeal, BUT (1) Do I have to pay the fine before appealing (as the fine goes up to £100 if I don't pay within 14 days)? (2) Am I likely to get my money back if I do pay immediately and (3) Is this fine legal if I produce a copy of my blue badge? Many thanks

 

I rang CAB and I have been told that I could be taken to court NOT for parking in a disabled place without displaying my blue badge, BUT because I have trespassed on private property.

 

I DID make a purchase from the retail park, so how can I have been trespassing?

 

Now I feel really upset and confused. Can anyone help me please?

 

• It's not a fine, it's an unenforceable invoice

• There is no appeals process. It's a private company who obviously decline all 'appeals'. It's a ruse to make you think it is a) some sort of proper fine and b) to make you contact them so they know their fake ticket is being taken seriously

• You are under no obligation to display a badge. In the paperwork you received with it, you should find mention that they are not applicable on private land in England.

• UKCPS say you entered into a contract to display a badge and that you agree to pay them £100 if you don't. This is actually a contractual penalty clause - if you don't display, you have breached the contract and they are entitled to actual losses caused. There losses are zero. You owe them nothing.

• CAB are idiots. Anybody can take anybody to court, but a) they won't because it's not a profitable exercise and b) their charge is unenforceable and they'd lose. If they want to pursue trespass, again, what are their actual losses? £0. I can't sue somebody for £100 because they set foot on my tarmac!

• It's a MAIL [problem]. Just ignore their threatening junkmail and they will go away after a few letters.

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I am a disabled driver, and went in to a shop (on a private car park) and forgot to display my blue badge. Wrong of me I know, but when I returned to the car some five minutes later I had a ticket.

The ticket was from UK CPS. I know I can appeal, BUT (1) Do I have to pay the fine before appealing (as the fine goes up to £100 if I don't pay within 14 days)? (2) Am I likely to get my money back if I do pay immediately and (3) Is this fine legal if I produce a copy of my blue badge? Many thanks

 

I rang CAB and I have been told that I could be taken to court NOT for parking in a disabled place without displaying my blue badge, BUT because I have trespassed on private property.

 

I DID make a purchase from the retail park, so how can I have been trespassing?

 

Now I feel really upset and confused. Can anyone help me please?

 

• It's not a fine, it's an unenforceable invoice

• There is no appeals process. It's a private company who obviously decline all 'appeals'. It's a ruse to make you think it is a) some sort of proper fine and b) to make you contact them so they know their fake ticket is being taken seriously

• You are under no obligation to display a badge. In the paperwork you received with it, you should find mention that they are not applicable on private land in England.

• UKCPS say you entered into a contract to display a badge and that you agree to pay them £100 if you don't. This is actually a contractual penalty clause - if you don't display, you have breached the contract and they are entitled to actual losses caused. There losses are zero. You owe them nothing.

• CAB are idiots. Anybody can take anybody to court, but a) they won't because it's not a profitable exercise and b) their charge is unenforceable and they'd lose. If they want to pursue trespass, again, what are their actual losses? £0. I can't sue somebody for £100 because they set foot on my tarmac!

• It's a MAIL [problem]. Just ignore their threatening junkmail and they will go away after a few letters.

 

 

Many thanks for the advice. The parking space clearly had yellow painting showing a disabled parking place only, that is why I parked there.

I was on a retail park, and I wonder if I should contact the shop where I made my purchase.

I also contacted another CAB in another town. This time I was told that I MUST PAY THIS DEBT because that is their rules, and because I was on private land.

This is really stressing (and confusing) me.

 

Relax. If CAB are right, that must mean the following is applicable and I can win in court:

 

"This is a contractual agreement. No more posting allowed. If your username is 'parking-fine' and you post again in this internet forum topic you are contractually agreeing to pay Al27 £100. A discounted amount of £50 will be accepted if payment is not received within 14 days. Non-payment will result in Al27 obtaining said users IP address and the debt may be passed to a debt collection agency to obtain payment. No payment may result in court action and 'parking-fine' will be liable for costs. Do not post again if you do not agree to this contractual agreement."

 

What do you think my chances in court would be if you now post something?

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Ha ha thanks for that. I feel slightly better about the situation now!

 

BUT ... I have still parked on private land, and I have been told that I was trespassing! And I was also told by CAB that those are the rules of the retail park. How does that stack up?

Should I complain to Argos? Or do I try to find out who owns the retail park and complain to them?

I just don't know how I will deal with getting letters about courts action, from solicitors and even bailiffs! Thanks

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Ha ha thanks for that. I feel slightly better about the situation now!

 

BUT ... I have still parked on private land, and I have been told that I was trespassing! And I was also told by CAB that those are the rules of the retail park. How does that stack up?

Should I complain to Argos? Or do I try to find out who owns the retail park and complain to them?

I just don't know how I will deal with getting letters about courts action, from solicitors and even bailiffs! Thanks

 

Please see my comments above about trespassing and civil law. The land-owner has not suffered any material loss and therefore cannot claim anything off you.

 

As for letters from solicitors, they can be ignored. And please don't confuse debt-collectors with bailiffs. The former are just private citizens with no special powers. The latter only come into play if the case goes to court(very unlikely) you lose (very,very unlikely) and you do not pay whatever the judge orders. You are taking this too seriously. You do not owe them a penny.

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No way would a company try to take a disabled person to court for not displaying a blue badge. They would not want a case like that appearing in the local paper, especially as they'd never win anyway.

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All you have is a piece of paper which the PPC has printed in manner to make the unwary think it is an official notice.

 

It will inevitably have a few phrases like 'important legal notice' / 'do not ignore' with mentions of debt collectors, baliffs, court, credit file all designed to cause people to panic and pay up an unjustified amount of money

 

You were a customer who used the free car park provided by the retailler for its customers

 

You owe them nothing

 

All you have to do now is ignore the rubbish they will send. Do not bother with their appeals proceedure as the result will be that it has been declined

 

CAB can be useful at times but their knowledge of PPC scams and how best to deal with them is very limited. Watch the watchdog program clip shown above

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I also contacted another CAB in another town. This time I was told that I MUST PAY THIS DEBT because that is their rules, and because I was on private land.

This is really stressing (and confusing) me.

 

 

This worries me. I know that CAB does a fantastic job on the whole and the volunteers are snowed under at the moment. However, a lot of the volunteers don't know anymore about this sort of thing than we do. Personally, I think you should forget what the CAB has told you on this occassion because it isn't based on any fact, but probably just on the opinion of the person you spoke to at the time.

 

You will get better advice here. Have a look at other threads relating to parking tickets and I think you will be surprised at the positive outcomes of a lot of the cases.

 

ps One CAB I went to told me that I should be working there because I knew more about debt than they did!!

 

Good luck.

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CAB are well-intentioned but they won't confront. We found this with bank charges as well when banks were falling over themselves to repay money. Same with CCA and PPI.

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Thanks very much everyone. I feel reassured now, particularly having watched the clip from Watchdog.

Many, many thanks.

 

Spread the word. Tell everyone you know that these type of parking demands are not worth the paper they are written on.

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CAG were effectively hopeless with me. They took one look at my debt issue some years ago and said - "Well you have debts so pay them...."

 

Next they tried over the phone to get me to start paying 1st Crudite monthly payments.. I smelled a rat even with my limited knowledge at that time.

Since that day of walking away from CAB I have put all debts into dispute and regained thousands re missold PPI.

 

CAB advice almost killed me...I cannot tell you want I really think of them here!

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Well since my last post my husband decided to appeal against the parking notice. We have received a reply which states:

 

"Thank you for your correspondence regarding the above parking notice charge.

Your vehicle was parked in a disabled bay without having a disabled badge on display. By parking your vehicle you have entered a contract to display a valid disabled badge or pay a parking charge of £100 (reduced to £60 if paid within 14 days). As you failed to display your disabled badge you were correctly issued with a parking charge which will stand.

In a joint venture with Mobilise, the leading charity for disabled motorists (drivers and passengers) UKCPS is offering disabled badge holders the chance to pay a reduced charge of £44. This will include free membership of Mobilise for one year – which UKCPS will pay.

Mobilise is a campaigning charity for disabled motorists and Blue Badge holders. They lobby government and businesses across the UK in order to improve parking, refuelling and access provision for disabled people, so that they can access the goods and services that they need.

The offer to join the scheme and pay the reduced charge is available for the next ten days, after this time the full charge is payable. If you wish to take up the offer please fill in your details on the enclosed form along with payment of £44.

UKCPS Ltd is an ethical company, we are Data Protection registered, SIA approved members of the BPA (British Parking Authority) and registered with the DVLA.

Regards

UKCPS Appeals Department

 

I have checked out the Mobilise site and they do seem very genuine. I wonder why they are associating themselves with this private parking company?

 

What should I do now? Should I join this Mobilise charity and only pay £44? Any help would be most appreciated.

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how many more times do you need telling.

 

it is a [problem]!

 

ignore them totally

 

do some reading in this forum.

 

it IS NOT A FINE

it is an INVOICE

 

the only parking tickets you must pay are those which say:

 

PENALTY CHARGE NOTICE.

 

if it does not say JUST those 3 words EXACTLY....its a [problem] Invoice.

 

ignore

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well since my last post my husband decided to appeal against the parking notice. We have received a reply which states:

 

"Thank you for your correspondence regarding the above parking notice charge.

Your vehicle was parked in a disabled bay without having a disabled badge on display. By parking your vehicle you have entered a contract to display a valid disabled badge or pay a parking charge of £100 (reduced to £60 if paid within 14 days). As you failed to display your disabled badge you were correctly issued with a parking charge which will stand.

In a joint venture with Mobilise, the leading charity for disabled motorists (drivers and passengers) UKCPS is offering disabled badge holders the chance to pay a reduced charge of £44. This will include free membership of Mobilise for one year – which UKCPS will pay.

Mobilise is a campaigning charity for disabled motorists and Blue Badge holders. They lobby government and businesses across the UK in order to improve parking, refuelling and access provision for disabled people, so that they can access the goods and services that they need.

The offer to join the scheme and pay the reduced charge is available for the next ten days, after this time the full charge is payable. If you wish to take up the offer please fill in your details on the enclosed form along with payment of £44.

UKCPS Ltd is an ethical company, we are Data Protection registered, SIA approved members of the BPA (British Parking Authority) and registered with the DVLA.

Regards

UKCPS Appeals Department

 

I have checked out the Mobilise site and they do seem very genuine. I wonder why they are associating themselves with this private parking company?

 

What should I do now? Should I join this Mobilise charity and only pay £44? Any help would be most appreciated.

 

why dont you join mobilise for £16 per year and pay this lot nothing, ignore anything they send you.

 

I have emailed mobilise and ask why they are associating themselves with a company such as this

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why dont you join mobilise for £16 per year and pay this lot nothing, ignore anything they send you.

 

I have emailed mobilise and ask why they are associating themselves with a company such as this

 

Especially one that does no know the law regarding Blue badges on private land.

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Thanks dx100uk for your reply. You haven't received this 'notice' so you really don't know how I am feeling!! Please don't be rude. Put yourself in my position!

afcwben - Many thanks for emailing Mobilise. They do seem like a genuine charity. Will you please let me know what they say about these parking 'fines'? Thanks

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