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Do I have to pay this fine?


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then take the advice you were given in post 2 more than a month ago.

 

ignore them

 

there's nowt they nor any dca can do to you.

 

get on with the more important things in your life not these [problem] leechers.

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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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

 

But several of us have told you that you have nothing to worry about. You are falling into the trap of thinking that these parking companies are honourably. They are making you feel guilty for breaking their stupid and unenforceable "rules". That's how they frighten people into paying.

Edited by DBC
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I understand what you are all saying, but I am the one receiving these letters. Now MOBILISE have been brought into the picture this distresses me even more. I know I must sit tight and wait for all the threatening letters to come through my letterbox. I will do this, but I must admit I am still VERY concerned.

Many thanks everyone for your support. I am trying to be positive about this, but it still concerns me.

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Why should Mobilise "distress" you. There are just. a charity. They are not a government department or part of a local council. Many people on here have receievd similar notices. By ignoring them nothing has happened to them and the PPCs have eventually given up. It's as simple as that.

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parking-fine

 

I have been in your position & also received such letters from UKCPS, over a year ago now & trusted the advice of this forum which, with respect, you seem to have great difficulty in doing. In my case they gave-up after 5 attempts & crawled back under the stone from whence they came.

 

From now on, IGNORE, IGNORE & IGNORE some more.

Nothing, but nothing will come of this. You therefore have nothing to fear.

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I have also emailed Mobilise, pointing out the question of breaches of the DDA when private car-parks limit their parking spaces just to blue-badges holders. It will be interesting to see what they say.

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This from the Mobilise website:-

 

1. UKCPS are sponsoring the Mobilise BAYWATCH survey. This is a major annual survey, carried out by Mobilise members, of disabled bay provision and abuse. Currently it covers supermarkets but it is intended to extend to all forms of private parking. Because there is no specific legislation regarding disabled bay provision or use on private land Mobilise consider it important to raise awareness of the issues with all parties.

2. UKCPS will offer, on appeal, a discounted payment to blue badge holders not displaying a blue badge. In return we will fund 1 year membership of Mobilise. The discounted charge will be £44 (from the £100 parking charge) to cover our Administration costs and Mobilise membership fee. The reasoning behind this is to encourage the correct use of the blue badge and to raise awareness amongst disabled motorists that the scheme has positive benefits to them.

3. Mobilise to give an 'employee of the month' certificate as an external reward to a member of the UKCPS team in recognition of good customer service.

4. Mobilise to help in the implementation of a detailed UKCPS training package for patrol officers in 'Disabled Parking Abuse'. Mobilise will provide input into the training materials including counterfeit badges and correct monitoring of disabled bays.

5. UKCPS are able to use Mobilise's expertise to obtain impartial advice in parking abuse situations. We see this of great value in offering a fair appeals process.

6. With our working partnership we are in a strong position to offer our expertise to private landowners and managing agents in all aspects of disabled parking provision including the number of bays provided and the appropriate markings on the bays and the location of bays. For example disabled bays for those people using motorised wheelchairs do not always have to be near the entrances to retail units - areas in less used parts of the car park can

 

What a load of gobbledegook.

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I also notice that the letter that Parking Fine received reckons that BPA stands for "British Parking Authority". Of course it doesn't, it stands for "British Parking Association". I wonder if the use of the word "authority" is deliberate, and is there to make people thing they are dealing with some sort of official organization?

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Many thanks for all your replies. I feel reassured now.

Sorry, I wasn't ignoring your replies to me, I just needed reassurance & because B & T has been in the same situation, and nothing happened, I am now going to ignore all future letters!

Thanks again.

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Several of us have now contacted Mobilise, including one person who used to be a Service Manager for a Disability Advice Centre, and used to contact Mobilise sometimes. She's not happy at all that they have got into bed with this parking company. I have also posted this information over on MSE and Pepipoo to spread the word about this unholy alliance.

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Several of us have now contacted Mobilise, including one person who used to be a Service Manager for a Disability Advice Centre, and used to contact Mobilise sometimes. She's not happy at all that they have got into bed with this parking company. I have also posted this information over on MSE and Pepipoo to spread the word about this unholy alliance.

 

 

That's me! I am fuming about Mobilise being so naive as to associate themselves with a PPC!

 

I just sent Mobilise a very, very long email and invited them to test what happens when someone in your position, parking-fine - who fits the DDA definition of disability - simply forgets to display their badge. Of course I have also pointed out that the Blue Badge scheme doesn't apply on private land, regardless of any alleged contract with any driver, disabled or not.

 

Have you emailed Mobilise yourself, parking-fine?

 

I would in your position - not to ask whether you should pay or not as Mobilise won't have any more clue than the CAB do - but to explain to them exactly what has happened. And that your appeal HAS been declined, so you know you now face receiving debt collector letters even though there is NO debt and no case to answer.

 

Make it clear you are not asking them for help, but telling them that this DOES Happen to disabled people ALL the time (and some are naive enough to pay up). Give them a link to this thread, and to your thread on MSE.

 

They need to get out of this association with systematic DDA breaches now!

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That's more like it parking-fine. Remember you have done absolutely nothing wrong & you have nothing to fear from these bullies. I fully understand that these letters can be very worrying when you receive them especially if you are a 'worrier' by nature & it is your first introduction into the murky world of private parking operators & their methods.

 

Just a point of clarification; in my case I ignored all letters from the outset & have not received the 'Mobilise' one. This is a recent development & is nothing more than an extension of the [problem] to give it an unwarranted veneer of apparent authority & legitimacy.

 

Shame on Mobilise for associating themselves with this **** outfit, but I'm sure they'll see the error of their ways in doing so very soon, & realise they've been hijacked.

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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!

 

We are all posting from experience and have drawers full of these silly little invoices and are well aware of how you feel. The first time one of these dropped through the letter box I felt threatened and went straight to the head idiot at the MacDonalds where it was issued. That was how I found out something fishy was going on as they did not want to know and couldn't care less whether you were a customer or not.

A quick hunt found 'peppipoo' with all the advice I needed - Ignore, ignore, ignore

All you have is a piece of paper that is dressed up to look like something official. It is not and is in fact just a sheep in wolfs clothing and it spite of what it says i.e. important legal document / do not ignore and mentions of Court, debt collectors, baliffs, Court proceedings it is also full of mays and mights and is no more than a sheet of paper with some writing on it.

This is a [problem] and is best ignored - just file the threatograms when they arrive but do not attempt to contact them.

The paper trail will include several attempts to scare with follow ups from the PPC, then Debt Collectors (PPC in disguise using a different desk, then Solicitors second desk over)

Whole process takes several months but stand fast and do not pay them as it is a [problem].

They cannot take it to court because they know they will loose and it is all a game - can they scare you into paying with. Answer should no and you come out winning

Ignore, Ignore, ignore and if still uncertain read through all the threads on MET, Parking Eye, Eurto Car parksa etc. etc.etc.

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Mobilise should hang their heads in shame, I will also be firing off an email to them.

 

OP, if you are really worried then PM me. I will give you my name address and you can tell them I was the driver. I will happily tell them to Foxtrot Oscar.

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maybe mobilise should realise that all supermarket customers deserve some respect, not just disabled.

 

" Instead, supermarkets should ensure that disabled customers can come in and shop – without fear of intimidation."Helen Smith, Director of Policy & Campaigns for Mobilise.

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bottom line and FACT

 

a BLUE BADGE has no LEGAL standing on private property

 

NO PRIVATE COMPANY PPC or other can demand nor have any legal right in LAW to make a condition a BLUE BADGE be displayed, regardless of their terms and conditions,

 

the inclusion of any T&C that refer to the USE AND DISPLAY of a BLUE BADGE make their T&C unlawfull regardless and therefore a breach under the DDA, which if so Criminal action against them under the DDA can and may be taken against them

 

nor can they inspect or demand to see the BADGE for any reason whatsoever, nor copy any information from it

 

A BLUE BADGE IS ISSUED soley for the use on the Public Highway or that of Council Owned car parks with the correct TMO covering the car park

 

As for reference's to working with XYZ charity etc it means nothing, further anyone collection information obtained from a BLUE Badge and forwarding it to a charity or other private company may well be a breach of the DPA, unless they are approved and working within the law with a Goverment Body or Council, even then there may a Legal Challenge to such action

 

once again another PPC working beyond the Law and issuing false statement's, to deceive and obtain money by deception, yet again another criminal offence

NEVER FORGET

 

[sIGPIC][/sIGPIC]

 

Help Our Hero's Website

 

http://www.helpforheroes.org.uk/

 

HIGHWAY OF HEROES

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/181826-last-tribute-our-lads.html

 

Like Cooking ? check the Halogen Cooker thread

http://www.consumeractiongroup.co.uk/forum/bear-garden/218990-cooking-halogen-cookers.html

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The Mobilise website is so full of errors regarding off-street disabled parking. If you look here and here you will see mention of "fines" and "blue badges", neither which apply to private car-parks. I wonder who their "legal" advisor was? Somebody from UKCPS?, who's logo appears on both of those pages.

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I have just received this reply from UKCPS regarding the above case. As you see they still think they are doing nothing wrong. :-

 

Disabled parking regulations do not apply on private land. However all

parking on private land is controlled by contract law. Te terms of the

contract are stipulated on signs throughout the area. If one of the terms

for parking in a marked disabled bay is to have a valid disabled badge on

display or pay a charge of £100 reduced to £60 for early payment, then that

is simply a condition of the contract. The consideration is a parking space

and it is your choice to accept or reject the contract.

 

I have now wrote back to them telling them that under contract law the motorist owes them nothing, as this was a free car-park.

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Wow thanks so very much DBC. It's like a minefield for me.

They DO seem to be adamant about their 'rules & regulations', and are still insisting they have every right to imposing parking notices.

It's like a minefield for me. Thanks for your support.

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A second reply from them. Still rubbish:-

 

Regardless of 'legal experts' on CAG - contract law is contract law! This

has been tested in court on numerous occasions. The charge is not a penalty

at all - it is a charge agreed to when you accept the contract. No coercion,

terms are there for you to accept or reject. No DDA breach - simple contract

terms.

 

Please don’t be lulled into believing the amateur experts

on CAG - consult a qualified contract solicitor

 

Peter Haswell

Office Manager

UKCPS Ltd

0113 2456080

 

I also asked him about that Watchdog clip. But he didn't want to answer that!

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and of course their statement it total hogwash

 

the blue badge has nothing to do with then nor can they offer a chance to park by showing the badge , they have no legal right to inspect or ask to see it, they cannot enforce any thing regarding the badge, it as stupid as saying you must wear pink knickers and when parking they must then be hung from your driving mirror whilst parked.

 

simple BLUE BADGES are only for on the public highway or council car parks,

 

on private property AKA private car parks , supermarkets etc etc they mean nothing and no one can demand you display it

 

under the DDA the blue badge only parking is in fact discrimination against DISABLED PEOPLE who do not have a blue badge, there any many reasons why a DISABLED Person may not have a BLUE BADGE @ the time of parking ,

 

eg

Mr A is rushed in to hospital after droping down @ work has just come out of hospital after an emergency triple bypass and had a pacemaker fitted first day he goes out to local supermarket which has a chemist in it ( which many do now ) to get his urgent medication, so as a DISABLED person he parks in a bay that is marked DISABLED, under the DDA he is correct to do so, but supermarkets who most have tried to write their own version of the DDA rules will say you have no badge we want £80 etc unlawfull demanding a PENALTY,

 

that the [problem] factor claiming he entered a contract, ( demanding the display of a BLUE BADGE ) but under the DDA car parks over a size / spaces ( cant remember the amount soz ) must reserve a number of bays for DISABLED PERSON's in relation to the amount of parking spaces, the DDA does not say ONLY FOR BLUE BADGE HOLDER, so the demand for blue badge to be shown is unlawfull in private parking area's etc

 

several supermarkets were made aware of this and as the moment have run off and buried their heads in the sand, SAINSBURY were challenged and the only reply so far is "Oh our Legal Department know about this and we cant comment as its waiting for a reply from our parking contractors"

 

do they really thing that XYZ Parking [EDIT] are going to change the bays etc , so it will need a someone to take a Supermarket etc under the DDA , which may already got to that stage

NEVER FORGET

 

[sIGPIC][/sIGPIC]

 

Help Our Hero's Website

 

http://www.helpforheroes.org.uk/

 

HIGHWAY OF HEROES

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/181826-last-tribute-our-lads.html

 

Like Cooking ? check the Halogen Cooker thread

http://www.consumeractiongroup.co.uk/forum/bear-garden/218990-cooking-halogen-cookers.html

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Two more replies. One from UKCPS:-

 

Have you received a parking charge from us or are your officially representing someone. All your points are answered. Regarding the WatchDog clip - I can only comment that actual case law shows a very different result

 

I did ask them if they were as "ethical" as their website says, citing the above case of a disabled person forgettingb thier badge for 5 minutes. Answer came there none.

 

The other reply was from Mobilise. They certainly have been brain-washed by the PPC :-

 

Thank you for your email concerning Mobilise’s collaboration with the parking company UKCPS. We are well aware that there are problems within the private parking sector but it is only by working with organisations like UKCPS that we have any chance of improving the situation for disabled people. One of our reasons for working with these companies is because we are able to help educate them and their staff on Blue Badge and disability issues.

As you may be aware when you park in a private car park you have agreed to abide by certain rules and this is part of contract law. Therefore if it says only Blue badge holders in specific bays and you park there without a badge you would probably get a ticket. We can not dictate to companies like UKCPS how they should run their business but by working with them we can have a small amount of influence over how they deal with people who get a ticket.

One of your complaints is that the appeal is just an internal appeal and like you I believe that is wrong too. The British Parking Association also want there to be an independent appeals service which is similar to the service you receive if you get a ticket on the public highway. It is possible that this change will be brought in in the not to distant future.

In future if you get a parking ticket do give us a call as by working with these organisations we may be able to help you.

I hope I have helped you understand why Mobilise is now working with organisations like UKCPS.

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Thanks again DBC.

So UKCPS won't reply about whether it is ethical to do what they have done to me? Interesting.

 

I find the reply from Mobilise pathetic.

So are they saying if I give them a ring, they will help me and perhaps make sure I WON't have to pay the parking notice? I really don't think so!!

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Disabled parking regulations do not apply on private land. However all

parking on private land is controlled by contract law. Te terms of the

contract are stipulated on signs throughout the area. If one of the terms

for parking in a marked disabled bay is to have a valid disabled badge on

display or pay a charge of £100 reduced to £60 for early payment, then that

is simply a condition of the contract. The consideration is a parking space

and it is your choice to accept or reject the contract.

 

Shame such a contract would be void on grounds of public policy and breach of the DDA (if you are a disabled driver), even if you ignore all the other issues with private tickets.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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