Chester Care Parking - parking charge disabled badge out of date

[magsmills]

I got a ticket in a shopping precinct from this firm.

 

 

I parked in a disabled bay,

 

 

put up my blue badge for disabled parking and

 

 

the attendant came over,

we chatted for a while he actually said about displaying the badge in site.

 

 

I got out of my car and chatted a bit longer and then went into the shops

- there was a ticket on my car when I got back saying the badge was out of date,

which it was but I didn't realise and

 

 

the attendant MUST have seen it while I was there and said NOTHING but waited till I had gone to slap the ticket on.

 

I wrote to the company ( didn't tell them all the above)

asked them to escalate it so I could take it to POPLA.

 

 

I received a letter today giving me a POPLA Ref and telling me to pay or go to appeal.

 

 

ANY ADVICE WOULD BE HELPFUL

[Sidewinder]

I have moved your post to a new thread as the one you had posted on has been inactive for over a year. Hopefully somebody will be along with the information that you need.

 

In the meantime:-

 

When was the ticket issued? Did you write to them immediately or did they send a Notice To Keeper? What is the exact name of the parking company?

[magsmills]

I waited until they contacted me before I wrote to them - I got the ticket about 6-8 weeks ago. The company is Care Parking registered in Chester

Thanks a million for all your help

[dx100uk]

disabled badges out of date or not

mean NOTHING on private land

 

 

you owe nowt.

 

 

dx

[magsmills]

Thanks DX100UK - I quoted this in the letter I wrote but obviously they ignored this - so I will ignore them

 

Thanks again

[dx100uk]

no you appeal under popla

 

 

dx

[f16]

Thanks DX100UK - I quoted this in the letter I wrote but obviously they ignored this - so I will ignore them

 

Thanks again

 

You can't ignore them. You will have to "appeal" to POPLA using the code provided.

The "Legal Crew" will assist you

[f16]

Was this a "Free parking" period or a Pay and display ?

Was it "Free" to disabled badge holders ?

[ericsbrother]

You appeal to POPLA and your appeal will be that the disabled spaces are for disabled people and the fact that your badge had expired does not alter the obligations of the landlord under the planning permission granted nor the Equalities Act. This means that the use of the space fulfils the criteria laid down in the EA as a "necessary adjustment" by the landlord and this is superior to the contract with Care parking so no breach of contract can have occurred.

Further to this Care parking have suffered no loss by your actions and therefore the claim via the ticket attached to your vehicle does not represent damages their loss in a free car park owned by another nor can it be a genuine pre-estimate of loss for the same reasons.

i bet that Care dont even bother trying to justify themselves because it would leave them open to civil action for disabilities discrimination.