UKPC PCN - Disabled Badge flipped **QUASHED BY PROPERTY OWNER**

[kefalos man]

Hi Folks, new poster here.

 

I just got home after a shopping trip at a nearby shopping centre.

 

I am disabled and use a badge holder attached to a cable which loops through the steering wheel, have had one stolen in the past.

 

I do display my badge in the correct manner,

but because the wire is a rigid one

it is at times a problem to get it to lay flat or stand against the glass, but i do manage it.

 

I came back to the car and the badge was face down and I had got a ticket for failing to display badge correctly,

 

 

It was fine whe we parked and may have been dislodged by a passer by and flipped over.

 

 

What do you suggest. company UK PARKING CONTROL LTD

[mikeymack2002]

Appeal to the PPC if they refuse to cancel the PCN then ask for the POPLA number and final appeal the POPLA...

 

There is a strict timeline in which you have to act so keep within the rules please...

[ericsbrother]

DO NOT CONTACT THE COMPANY

they are currently blacklisted from using the DVLA database so they cannot apply for the vehicle keeper details

and this means that if you do not contact them they can never comply with the requirements of the PoFA.

 

 

This means that by the time they have to send a notice to keeper they wont be able to and the matter will wither on the vine.

 

 

If you contact them they will know you are the driver and the protection the law gives you will have disappeared.

 

Please wait and if they send you a NTK through the post then come back here as they will have obtained the keeper details by misrepresentation

and you can then raise a complaint to the Information Commissioners Office about that.

[mikeymack2002]

I should check the register more often ericsbrother, thanks for the reminder...

[kefalos man]

Many Thanks Guys

[kefalos man]

Well, you asked me to update you and low and Behold I have received a Notice to keeper Today with a charge of 100 pound. So they must have contact with DVLA.

[Bazooka Boo]

I wonder how they have managed that then?

 

I wouldn't put it past them to have obtained your details using underhand methods.....

[kefalos man]

I don't know Mate, I am not up on these matters. I am convinced I left the ticket upright, but it has a security cable attached and it is possible that someone brushed past the car jolting it causeing it to flip over if the Cable slipped down. I am 100 percent disabled and never leave home without the ticket.

[ericsbrother]

no, their ban was for only a month so as yours is a ticket on screen job it is back to business as usual. However, they often miss out key criteria in the NTK so post it up with personal details redacted inc their reference so we can have a peep.

The terms of parking probably dont specify that a blue badge has to be the right way up as the BB scheme doesnt actually apply to private land but the planning consent will certainly have a stipulation about x bays for disabled priority so you will be onto a winner if you want to use the Equalities Act to make them look silly. You will have to get the wording spot on if you go down that path though so lets look at other things first usch as the NTK and signage.

[kefalos man]

[ATTACH=CONFIG]60751[/ATTACH]

[kefalos man]

Would it help if I drove down and too a photo of the signage?

Many thanks

[Bazooka Boo]

It might do yes?

 

The jobsworth would have known that you were a BB holder, hence the cable and holder attached to the steering wheel, but they need to make a profit somehow, even if that means being morally bankrupt.

[ericsbrother]

Well, in the picture you can clearly see your blue badge. The ticket doesnt say that you must be able to read the BB so that will be an invalid claim unless the signage is VERY specific about how the badge must be displayed and then the claim will be trumped by the Equalities Act. The attendant must have known that the company are on a hiding to nothing but if they didnt issue they wouldnt have a business.

Also, although it is difficult to read the whole NTK as it appears in a feint print it does appear as though the NTK is not PoFA compliant for keeper liability. If you can scan up a darker version I will be able to be more certain. Get us a photo of the signage and we will be able to be more positive about the suspicions about the validity of the claim as at present it is looking good for you.

[Surfer01]

I am not aware of any law that requires you to display a Blue Badge on private land? Is the car in the disabled tax bracket as that alone should suffice to enable you to use a BB parking on private land.

[ericsbrother]

there are a number of different obligations at play here, the supermarket will have to provide disabled spaces under its planning consent and these will be marked accordingly. Now, the easiest way of showing that someone is disabled is the production of a blue badge as everyone with a BB is disabled although not every disabled person has a blue badge. Where it becomes slightly more complicated is where people are disabled and do not have a blue badge as they are also covered by the Equalities Act as far as making provisions go. The supermarket has fulfilled this obligation with its paint jobN ow the parking co has to make allowances under the EA and they do this in their contract offered for parking. this cannot ever override the oligations of the planning consent or the EA so they will generally go along with the blue badge interpretation for using disabled spaces as this is the most obvious choice to determine correct use of the space in most cases.

Where they fall down badly is in cases like this, where a person obviously has a BB but they then try and chisel a few quid by claiming that it isnt properly displayed. This is an absolute nonsense but no doubt many people begrudgingly pay up so they continue as they do. In truth they parking co must show that the breach of their conditions actually means something as the law does not consider trifles (cant remember the latin legal wording) and as Local authorities have a fixed interpretation they are obliged to use in such cases the parking co will have to show that theirs is at least as good as the LA version or any claim is doomed to fail. UKPC know that the blus badge exists so they cannot claim otherwise. The method of deciding its validity is now in ther powers so they will always lose a legal claim in these circumstances.

Where it gets complicated is if UKPC are stupid enough to refuse an appeal on this point and POPLA think they are hamstrung by their contract with the BPA (no such thing as a free lunch) and say they cannot interfere or adjudicate on this point as that will give a determination that clashes with the law as it stands and encourage the parking co's to think they are right and cause the motorist more grief until it is firmly put to bed.

So, ultimately the BB is an administrative convenience that fails when the parking co's use ANPR and because they are soo greedy they will try and corrupt the natural course of justice. Class action would put an end to that as it would remove the excuse of ignorance by the parking co's.

[kefalos man]

Not sure I can post the Image of the sign, maybe not enough posts yet to allow it.This is the one from the car park

[kefalos man]

I would normally have dealt with this, but recent Heart Failure as left me bogged down at Hospitals and clinics while they sort out an op for me, I really don't need the stress. Got final demand also.

[Bazooka Boo]

Don't let this worry you, your health is far more important than this.

[ericsbrother]

the sign posted up OK so can you post up the NTK with your personal details and the reference number blanked out? They dont usually get the wording right so let us see what is best to pick holes in.

[kefalos man]

[ATTACH=CONFIG]61213[/ATTACH]As requested, sorry about delays but I am confined to bed most days. I am thinking of appealing this, it is getting me down to be honest.[ATTACH=CONFIG]61213[/ATTACH]

Edited January 20, 2016 by kefalos man
adding picture

[kefalos man]

[ATTACH=CONFIG]61214[/ATTACH]

[kefalos man]

[honeybee13]

Kefalos man, I can't read your attachments I'm afraid, they seem to be jpegs. Are you able to convert them to pdf's please? They work a lot better.

 

HB

[kefalos man]

[ATTACH=CONFIG]61480[/ATTACH]I have now recieved a demand from a debt company for the sum of 160 pound. DRP

[kefalos man]

[ATTACH=CONFIG]61481[/ATTACH]

Edited February 1, 2016 by kefalos man