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Private parking charge notice

mercurydancer

LE
Book Reviewer
I think this has been discussed before, but advice is needed. I parked in a Tesco supermarket in a disabled bay. I did not display my disabled badge, and got a penalty notice. I received a "fine" for £70 reduced to £30 within 14 days. What really happens if I refuse to pay, or ignore, or what do I need to do to appeal. It is a firm on the BPA.
 
There is an appeal process so make use of it.

Write a mail saying that you simply forgot and include decent scans of both sides of your Blue Badge card and that they hope they will treat your appeal with sympathy.

I've done that twice and it's worked on both occasions :)
 

anglo

LE
I think this has been discussed before, but advice is needed. I parked in a Tesco supermarket in a disabled bay. I did not display my disabled badge, and got a penalty notice. I received a "fine" for £70 reduced to £30 within 14 days. What really happens if I refuse to pay, or ignore, or what do I need to do to appeal. It is a firm on the BPA.
HTH,
The Blue Badge Scheme, which marks the cars of disabled people out, only applies to on-street disabled parking. If you didn't have a Blue Badge and you parked in an on-street spot a parking attendant could give you a Parking Fine.
But these rules don't apply in private car parks like the ones attached to supermarkets.


Often private car parks have signs demanding drivers display a blue badge when using the disabled parking bays, or risk getting a parking ticket. However, just because someone does not hold (or does not display) a blue badge does not mean they are not disabled; the Equality Act does not require the driver to display any sort of badge or permit. Anyone who fits the lawful definition of disability is entitled to make use of the ‘reasonable adjustments’. What they are in effect doing is adding arbitrary rules to the lawful right of someone to use a ‘reasonable adjustment’, and this could be considered a breach of the Equality Act.
At Parking Cowboys we hear of people being issued parking tickets for not displaying blue badges; either because they have forgotten to display them, or because they do not have one. So what should do? The simple answer is to tell the parking attendant, or appeal stating that you have a legal right to use the space, and provide any evidence you may have. At that point, the parking company should not pursue the charge since it would then be disability discrimination under the Equality Act. In short, don’t stand for such behaviour. If you are registered disabled and you are unfairly issued a parking ticket then fight back!
 
As we all know the penalty is for failing to display the permit regardless of whether you have one or not. I would just cough up and put it down to experience.
 
Firstly, it is a Parking Charge Notice which is not a penalty charge or fine

It is an unsolicited invoice, nothing more. Your only legal obligation is to provide the name of the driver. If they want to force you to pay they will have to take you to civil court
 
I had something simlier a bit back in an aldi car park wrote to them, and after proving that i had shopped with them at the time and on other occassions it was dropped
 
I got one a while back, scummy Parking Eye. I named the driver as per legal obligation, name taken from local rag of some bloke who'd gone down that afternoon for a 10 stretch. Good luck chasing that one up Parking Eye.
 
Often private car parks have signs demanding drivers display a blue badge when using the disabled parking bays, or risk getting a parking ticket. However, just because someone does not hold (or does not display) a blue badge does not mean they are not disabled; the Equality Act does not require the driver to display any sort of badge or permit.

However, by parking on private property you are accepting the terms and conditions of doing so. The requirement to show a blue badge when parking in disabled bays is reasonable and clearly a condition to park there.

The charge isnt questioning the OPs physical fitness, its making a reasonable charge for breach of conditions (not displaying a blue badge when required to do so) and therefore breach of contract.

The OP could ignore it and take the risk they wont bother with court action, but its really not worth the hassle if they do.

My advice, FWIW, is appeal as already recommended, if its turned down pay the fee and take it as lesson learned.
 
I got one a while back, scummy Parking Eye. I named the driver as per legal obligation, name taken from local rag of some bloke who'd gone down that afternoon for a 10 stretch. Good luck chasing that one up Parking Eye.

This smells of a large pile of steaming poo.
 

anglo

LE
However, by parking on private property you are accepting the terms and conditions of doing so. The requirement to show a blue badge when parking in disabled bays is reasonable and clearly a condition to park there.

The charge isnt questioning the OPs physical fitness, its making a reasonable charge for breach of conditions (not displaying a blue badge when required to do so) and therefore breach of contract.

The OP could ignore it and take the risk they wont bother with court action, but its really not worth the hassle if they do.

My advice, FWIW, is appeal as already recommended, if its turned down pay the fee and take it as lesson learned.
The op posted this,


I think this has been discussed before, but advice is needed. I parked in a Tesco supermarket in a disabled bay. I did not display my disabled badge, and got a penalty notice. I received a "fine" for £70 reduced to £30 within 14 days. What really happens if I refuse to pay, or ignore, or what do I need to do to appeal. It is a firm on the BPA.

I answered thus, their terms must be fair and be within the law, what the op does with information is up to him,
I would inform them that I had a blue badge


Often private car parks have signs demanding drivers display a blue badge when using the disabled parking bays, or risk getting a parking ticket. However, just because someone does not hold (or does not display) a blue badge does not mean they are not disabled; the Equality Act does not require the driver to display any sort of badge or permit. Anyone who fits the lawful definition of disability is entitled to make use of the ‘reasonable adjustments’. What they are in effect doing is adding arbitrary rules to the lawful right of someone to use a ‘reasonable adjustment’, and this could be considered a breach of the Equality Act.
At Parking Cowboys we hear of people being issued parking tickets for not displaying blue badges; either because they have forgotten to display them, or because they do not have one. So what should do? The simple answer is to tell the parking attendant, or appeal stating that you have a legal right to use the space, and provide any evidence you may have. At that point, the parking company should not pursue the charge since it would then be disability discrimination under the Equality Act. In short, don’t stand for such behaviour. If you are registered disabled and you are unfairly issued a parking ticket then fight back!
 

FORMER_FYRDMAN

LE
Book Reviewer
The fun option is to send a note to the CEO in Upper Case and coloured green saying: "I WILL DOUSE YOU IN PETROL AND THE LAST THING YOU SEE WILL BE A LIGHTED MATCH!". The sensible option is to get in touch with them, prove that you're a genuine spaz and invite them to be reasonable.
 

cowgoesmoo

Old-Salt
The op posted this,


I think this has been discussed before, but advice is needed. I parked in a Tesco supermarket in a disabled bay. I did not display my disabled badge, and got a penalty notice. I received a "fine" for £70 reduced to £30 within 14 days. What really happens if I refuse to pay, or ignore, or what do I need to do to appeal. It is a firm on the BPA.

I answered thus, their terms must be fair and be within the law, what the op does with information is up to him,
I would inform them that I had a blue badge


Often private car parks have signs demanding drivers display a blue badge when using the disabled parking bays, or risk getting a parking ticket. However, just because someone does not hold (or does not display) a blue badge does not mean they are not disabled; the Equality Act does not require the driver to display any sort of badge or permit. Anyone who fits the lawful definition of disability is entitled to make use of the ‘reasonable adjustments’. What they are in effect doing is adding arbitrary rules to the lawful right of someone to use a ‘reasonable adjustment’, and this could be considered a breach of the Equality Act.
At Parking Cowboys we hear of people being issued parking tickets for not displaying blue badges; either because they have forgotten to display them, or because they do not have one. So what should do? The simple answer is to tell the parking attendant, or appeal stating that you have a legal right to use the space, and provide any evidence you may have. At that point, the parking company should not pursue the charge since it would then be disability discrimination under the Equality Act. In short, don’t stand for such behaviour. If you are registered disabled and you are unfairly issued a parking ticket then fight back!

I don't understand why being disabled means you have legal right to do whatever you want on someone elses property and ignore the T&Cs of the contract you entered when using the car park??
 

endure

GCM
The sensible option is to go here where they deal with this (and many other legal questions) all the time and have a high rate of success.

 

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