UKPC PCN failing to display a blue badge - Onyx retail park, Wath upon Dearne

[cjt]

Ty.

I really want to take UKPC to court on discrimination.

 

 

Whether or not it costs me £500 I want to sue them on discriminating against a disabled person it's disgusting.

 

 

I've proven he's disabled.

That should be the end of the matter.

But no, they want as much as possible.

Not from me.

 

 

UKPC deserve to be sued as well as POPLA.

im so determined to get these nasty pl at court x

 

 

whatever I win I will split between this fantastic service and a disability charity.

[mikeymack2002]

You should resist the urge to take this legal. It's expensive and if you lose you may be liable to the other sides costs.

 

You still have the option to formally appeal the decisions made thus far. Please use all avenues that are open to you through the legal channels. In the mean time you can look up the legislation regarding the olacingredients of road signs on private property in as much does the company have the planning permission to erect and display those signs. A chat with the LA may reap dividends and help other users caught out like you where.

 

Finally it may pay you to get the blue badge issued for your client to assist you in your role of a carer and driver.

 

Please also bear in mind if you take your client out in your car to help him and take him out you must not use the blue badge if the person it is registered to is not with you and should always be left with the client when not in your vehicle.

 

The warning is what I tell everyone that takes a disabled person out that has a blue badge. I recently protected a holder where the carers abused the badge and had numerous PCN'S issued in the name of the holder. Not only that it is also a criminal offence to use a badge if you are not the holder and the holder is not with you. See below. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/help-for-disabled-travellers1/blue-badge-scheme/using-your-blue-badge/

 

Of use and for your information please see this thread >http://www.consumeractiongroup.co.uk/forum/showthread.php?365824-Does-Blue-Badge-Scheme-Apply-on-Private-Land

[cjt]

Yes the signs say blue badge holders only but for me to know this I'd have had to go out of my way to read a sign. As far as I'm aware , those signs at the end of each bay says ' disabled parking only' my client is in his 50 ' severe learning disabilities, and mobility issues. He's not capable of making decisions and therefore he doesn't know about any blue badge scheme but he's entitled to park there just the same as any registered disabled person. My job is made so difficult because of not having a blue badge, it's about time things changed.

[cjt]

I would never park in a disabled bay when not necessary. I take a wheelchair client out and park at the other end of the carpark and push her to where we are going again because I don't have access to their blue badge and hope on the way back no one is parked next to me because I can't get her back in the car. The client in question freezes in middle of the roads. I could not put his or my safety in jeopardy. I am very willing tosee this ffurther.

[mikeymack2002]

Please bear with me for a few minutes as I transferred to my pc and not my mobile, I have I think found what you need to know and I am just verifiying the information and will link to it momentarily.

 

 

MM

[cjt]

Plus I can't apply for his blue badge. He has family that should be doing this but obviously they choose not to. I love my job . The pay is peanuts. Sometimes I wonder, if it's worth it.

[mikeymack2002]

Links of interest and a PDF with yellow highlighted areas.. See attachment for pdf and below for the link to the attachment see below >>

 

http://researchbriefings.files.parliament.uk/documents/SN01360/SN01360.pdf

SN01360 edited.pdf

[cjt]

They do but those signs are after the disabled bays. Am I expected to walk in the opposite direction to read t & c?

[mikeymack2002]

Plus I can't apply for his blue badge. He has family that should be doing this but obviously they choose not to. I love my job . The pay is peanuts. Sometimes I wonder, if it's worth it. ��

 

 

As a service user myself I would suggest that the family apply for the badge for your client, or you could remind them without it the service user would have to walk further than is need and could cause them medical issues.

 

 

This is why there is a blue badge scheme in the first place. Anyways have a look at my PDF and do with it as you will, maybe send a copy to the PPC and see then if they will cancel the PCN, if not speak to the writer of the document and see if they are interested in your case, it can only help in the long run and get the desired affect for your ticket and have it cancelled.

 

 

Have a read from here too... >> http://www.consumeractiongroup.co.uk/forum/showthread.php?44553-Disabled-Bays-in-retail-parks-Are-they-legally-enforceable

[cjt]

It says it does not apply on private land, so how can they fine us?

[dx100uk]

its not a fine cjt.

 

 

dx

[dx100uk]

you really need to get that word FINE out of your head

you use that in your defence or in your WS or in court

and you'll be sunk without a bath plug...

[cjt]

I've explained to the family this but they don't seem interest. This guy lives with his disabled mother, they feel they don't require one because every time they take him out they take their mum, she has her own badge. I've stopped taking him on drive outs because I can't risk this happening again

[dx100uk]

as a side note

you do realise on private land you can park wherever you like

 

 

my neighbour does the same as you, [volunteer driver for local charity]

and when he is on a one to one or even in a group [has a people carrier where they've fitted a chair lift in the back]

he parks outside or in the nearest bay even if disabled or mot - never had a BB's

[cjt]

Invoice! Invoice, invoice lol

[mikeymack2002]

The information has been given to you and it's now up to you to decide what you do with it. Pay or risk a court case. I would fight starting with the EA 2010 and the demands to see a blue badge.

 

 

You can take up their time but they only have a limited time to act.....

[cjt]

So why did popla not find in my favour, blue badge spaces aren't enforceable simple as

[cjt]

I'm willing to go to court, I ain't paying them a penny,

[mikeymack2002]

It's a hard one please don't take my posts as anything other than informational.

 

 

I have also been caught short in a bay myself and received a PCN. It was challenged and refused it went to POPLAR they decided in my favour. It's just about how far you want to take this and how you read the advice given. First port of call is the EA 2010 second is the terms and conditions again with the EA 2010.

 

 

Please let us know if you have any further information and or letters from the PPC and if they issue a summons against you. Then the arguments take on a different level altogether....

[cjt]

Will do. Just waiting now for the threats. I'll let you know when I hear something next. Thanks for your assistance

[ericsbrother]

because the contract they have with the BPA doesnt allow them to consider matters of law....

 

When POPLA was run by the London Boroughs parking adjudicator everything was considered and if the parking co didnt dot their i's and cross their t' they lost on procedural grounds.

 

Now, as the parking cowboys have trouble with their reading and writing they hated this so when e POPLA had to migrate elsewhere the new contract limited the scope of appeals and also gave their parking co's the right to challenge a result and to add new evidence after the event although not giving the same niceties to the appellant.

 

What a court would think of this I am not sure as there is another appeals mechanism that no-one has ever reported using.

 

This hamstringing of POPLA then gives the parking co a false positive and emboldens them to take legal action when they dont have a claim.

 

UKPC are complete muppets when it comes to this

, they are one of the few BPA members that fail to get the NTK right and as they are quite a big outfit you would think that they could have learnt a few lessons along the way

 

but the reality is most people pay up and moan about it afterwards or ignore everything and lose a court claim by default.

 

 

If everyone challenged these tickets the parking co would have to sharpen up their act or go out of business.

 

So why did popla not find in my favour, blue badge spaces aren't enforceable simple as

Edited March 6, 2017 by honeybee13
Paras.

[cjt]

Yeah well I won't be paying up. If it does go to court is it at that point I put a counter claim in for discrimination against a disabled person?

[ericsbrother]

now you wait to see what they say next.

 

I would be getting pictures of the signage at the car park and particularly where your car was parked.

 

Chances are there is nothing in their signage that actually says about the blue badge scheme or how they make allowances for other disabled people who dont have a blue badge ( like me).

 

One of the faults with the BB scheme is that it doesnt consider disability, just mobility over a short distance.

 

this means that old frail people who walk at a normal speed for their age get a badge but young people with missing legs dont because they can move over 20 -100 yds faster than the prescribed time.

 

What about when your leg is off for refitting or the batteries in that snazzy knee joint has packed up again? Are you not even more disabled.

 

I also think that councils cancelling blue badges for dead people is discriminatory,

they are much less mobile than the living,

 

they take up at least the same space as 6 living people in a hearse so extra wide bays for Bexhill Taxis!

[cjt]

Hahaha, the pics are on further up.

 

There's the sign at the entrance,

a sign further down the road but facing the other way.

 

So unless you have eyes in the back of your head then that was unreadable.

 

I stood where my car was parked and took as pic of where the sign was but on the day the transit van was parked next to me.

 

Every sign is the same regarding terms and conditions.

 

The two signs that differ are the ones in front of each bay.

 

The sign to my right is located in the loading bay.

[ericsbrother]

we need to see the pictures. We may be sending you back for more.