UKPC Ticket - Disabled Bay No Badge - Advice Pls **Won at POPLA**

[letsgetitsorted]

Hi All

I am hopping that i may be able to get some advice on how to deal with this Charge Notice.

 

I am a driver who at the moment has restricted mobility, and use a walking aid, i am registered disabled with the DWP however i do not have a BB.

 

I parked this morning in a private car park Managed by UKPC, and did park in a disabled persons bay without a badge (due to restricted mobility) when i got out of the car I did see the parking Attendant, and he saw me, he saw me get out of my car with my walking aid and didn`t say anything ( he was booking a car 3 away from mine).

 

I walked into the, and did what i needed to and came out and saw the charge notice.

 

no sign of the issuing attendant or his car.

 

the advice i seek is this.

1) do i have grounds for appeal

2) what are the points to use in the appeal

 

the sign nearby was around 10ft in the air. (photo attached)

the ticket received is barely readable (both sides attached)

 

 

many thanks for your help

 

Lets

[Sidewinder]

It may be better if you can upload the photos as PDF files - the jpg images are a little small

 

Also, have a preliminary read of other UKPC cases on this forum and you will quickly start to get an idea of what to do and how easily these charges are defeated

[letsgetitsorted]

many thanks for the quick response Sidewinder

here are the pdf`s

 

cheers

Lets

[dx100uk]

just also remember theres no such thing as a BB badges or bays in a private carpark

 

regardless of if you have a BB badge or not

 

means nothing.

 

dx

[silverfox1961]

Hi

Do nothing at the moment. Wait for the Notice to Keeper to arrive then you can appeal as the owner and not the driver (you are under no obligation to identify the driver)

 

As we all know, parking bays on private land are graffiti and nothing more but your grounds of appeal will GPEOL as there is no way this ticket has cost them that much, especially in a free car park

[f16]

letsgetitsorted,

Don't be "tempted" to ring them.

Wait for the NTK as Silverfox 1961 has advised.

This has to land on your door mat between 29 and 56 days from the date of the "windscreen job"

[letsgetitsorted]

Hi All

and many thanks for your wise words....i will hold of doing an appeal at the moment and as suggested wait for the NTK..i will let you all know when that arrives.

 

thanks again

Lets

[letsgetitsorted]

Well today is the day that the NTK has arrived on my door mat.

 

This is the Appeal I intend to use....any thoughts

 

I am the keeper of the Renault Megane with the registration xxxxxx that was issued with the parking Charge Notice on 11th may 2014 at xxxxxxxxxxx Leisure Park,xxxxxxxxxxxxxx.

The PCN was issued for parking in a Disable Bay without a displaying a valid Disable persons Badge

 

I wish to Appeal this notice on a few points.

1) The driver of the Vehicle at the time the PCN was issued, is disabled and has disabilities as determined by both the Equality Act 2010 and the Department for Work and pensions, although the driver is disabled the driver DOES NOT hold a Blue/Disable Badge. But this is not required in private parking areas.

The driver was seen getting out of the above mentioned Vehicle by the issuing Parking Attendant who at the time was about 4 cars away issuing another PCN to another Vehicle. The driver getting out of the car did indeed have a walking aid, the P.A did see this.

2) By issuing the PCN for not having a Disabled Persons Badge in a Disable Bay, where the driver has been seen with a disability and walking aid gives rise to a clear breach of the Equality Act 2010

3) Unless UKPC can prove otherwise, Disabled parking Bays in off –street car parks –for example supermarket car parks, are actually not covered by the blue badge scheme regulations, nor are they covered by the road traffic regulations, in such car parks , spaces marked for badge holders only are not legally enforceable.

4) With the P.A observing the driver vacate the car and walk aided into the Maplin store, the P.A did not in any way attempt to negate any losses that UKPC may have, if any.

 

Based on the above information I trust that this PCN will be cancelled. If UKPC refuse to cancel this PCN then I will insist that that a Valid POPLA code is supplied with the refusal notice.

 

Upon receiving the refusal to cancel the PCN, I will reserve the right to inform the governing body for the Equality Act and will also seek legal advice on a claim under the Equality Act for Disability Discrimination.

I will also seek all costs involved in defending this Parking Charge notice and those in pursuing a claim, these costs will be at the court rate of £18 per hour.

 

Thank you for taking time to read this appeal and I look forward to your response.

[ericsbrother]

On point 4 the word you want instead of negate is "mitigate"

The body involved in EA matters is the Equalities Commissioner

The costs request is for £18ph as LIP costs

this should then be good enough. They may well argue that their contract was still breached but then when you get to POPLA they will still lose on the basis that they cannot show that failing to put a BB on your dashboard has cost them money. If they want to go further than that in their arguments they would be very foolish indeed.

[letsgetitsorted]

Many thanks for that Ericsbrother.

 

If they want to go further than that in their arguments they would be very foolish indeed

 

I read a piece where the POPLA failed and a county court claim was issued by the PPC and this failed in court because the PPC failed in their duties and did not make "reasonable adjustment" for the disabled person...

 

that will be included in my POPLA appeal should it go that far

 

I will amend and then send it off today.

 

cheers

Lets

[letsgetitsorted]

well today i received their refusal to cancel the PCN, here is there letter.

they see to ignore the fact that they are in breach of the equality act.

[armadillo71]

You have the POPLA code, so the charge will get cancelled with a simple appeal to them.

 

Breach of contract means that the charge must be a genuine pre estimate of loss to the land owner resulting from the parking event.

 

£100 is not... nor is £60. And it can't be two figures anyway.

[silverfox1961]

Hi

I wouldn't bother going into great detail with the appeal. Just deal with GPEOL and no breach of contract.

 

Even if POPLA refused your appeal, you are still under no obligation to pay and UKPC would have to instigate court action and while they do this on occasion, a sensible judge would see it for what it is. Total rubbish

[Surfer01]

I would guess that there are no signs instructing you to display a Blue Badge? Your letter is too long winded. Just deny everything stating that there is no compulsion to display a Blue Badge on private land. Whether it is an in depth letter or just a brief note, it is going to be rejected anyway. Once rejected apply to POPLA who will probably uphold your appeal.

[letsgetitsorted]

Well the appeal for UKPC was not upheld ...so a letter to them notifying them that i will be seeking damages for disability discrimination..an appeal has gone to POPLA, want them to hear appeal on disability and failure of UKPC to allow reasonable adjustment...but to be safe added GPEOL right at the bottom.

 

my appeal will be heard on 14th August, time to allow UKPC to get their information together.

shall see what happens

[armadillo71]

I predict a no show at POPLA from UKPC.

 

The easy way out for them...

[Surfer01]

Well the appeal for UKPC was not upheld ...so a letter to them notifying them that i will be seeking damages for disability discrimination..an appeal has gone to POPLA, want them to hear appeal on disability and failure of UKPC to allow reasonable adjustment...but to be safe added GPEOL right at the bottom.

 

my appeal will be heard on 14th August, time to allow UKPC to get their information together.

shall see what happens

 

Why do you think it is disability discrimination?

[letsgetitsorted]

failure to make reasonable adjustment to the needs of a disabled person and not allowing them to use a disabled marked bay. this indicated by the issue of the Parking charge.

[Surfer01]

There is no such thing as a disabled bay on private land so not much of an argument? What failure? What did they not do? The fact remains that ther is no law compelling you to dispaly a BB on private land and that should be considered as one of your arguments. Secondly are there any signs stating that you must display a BB as that could be another argument?

[letsgetitsorted]

yes there are signs that a disabled badge must be displayed.

[ericsbrother]

you should now argue that they havent been caused a loss so the charge isnt a GPEOL.

 

 

This was the point I was making when I said that the failure to display your badge hasnt cost the parking company anything.

POPLA cannot consider the EA in isolation so make sure the main thrust of your argument is that

 

 

1/ supermarket obliged to provide disabled parking spaces as part of the planning consent and is not part of the blue badge scheme and UKPC's interpretation of what that entails isnt compatible with that consent nor disability legislation.

 

 

To this end you seek sight of the contract between UKPC and the landowner to see if the contract overrules that planning consent and the EA.

(If it does then UKPC must accept liability under the EA for any claim of disability discrimination).

 

 

2/ That in any case, a breach of UKPC's otherwise contrary to law conditions has not caused them a loss nor is their claim a genuine pre-estimate of their losses but an unlawful penalty.

 

POPLA will undoubtedly make their consideration on the latter point only as they have in every other case where theability of the parking company to form contracts under such conditions has been raised.

[letsgetitsorted]

thats it Ericsbrother, I have put all the disabled points in the POPLA appeal but right at the bottom i have also the points about attendant not mitigating any loss, and not a genuine pre estimate of loss.

[ericsbrother]

dont forget to ask to see the contract that allows them to claim anything at all as it must allow them to do so in their own name. Often it is vague and says they are agents-agents cant make up the rules.

The GPEOL argumant is currently winning every appeal it is used in so give it plenty of airing.

[letsgetitsorted]

that i have, i have also mentioned that the notice to keeper failed to identify who the creditor was

[letsgetitsorted]

Hi All

Many thanks for the advice on this charge notice. i have just had a response from POPLA with regards to my appeal.

many thanks again

Lets

PARKING ON PRIVATE LAND APPEALS PO Box 70748 London EC1P 1SN 0845 207 7700

[email protected] http://www.popla.org.uk

Parking on Private Land Appeals is administered by the Transport and Environment Committee of London Councils Calls to Parking on

Private Land Appeals may be recorded

21 August 2014

Reference 8xxxxxxxx31

always quote in any communication with POPLA

(Appellant)

-v-

UK Parking Control Limited (Operator)

The Operator issued parking charge notice number 6xxxxxxxxx2 arising out of a

presence on private land, of a vehicle with registration mark Xxxxx.

The Appellant appealed against liability for the parking charge.

The Assessor has considered the evidence of both parties and has determined

that the appeal be allowed.

The Assessor’s reasons are as set out.

The Operator should now cancel the parking charge notice forthwith.

Reasons for the Assessor’s Determination

It is the Appellant’s case that the parking charge notice was issued incorrectly.

The Operator has not produced a copy of the parking charge notice, nor any

evidence to show a breach of the conditions of parking occurred, nor any evidence

that shows what the conditions of parking, in fact, were.

Accordingly I have no option but to allow the appeal.

Christopher Adamson

Assessor