Private Parking Ticket Megathread (Part 2)

[Dozer 13]

Chris, sorry to hear about this, sounds really stressful.

 

I'm no expert but just did a bit of Googling looking for trustworthy sites. There was a decent discussion on the RAC site (see below), but one thing I noticed is that the wording on all of them is a bit vague, like this is either very complex or not a settled area of law.

 

Whatever -- it seems there is at least a right of appeal through the parking association. Hope this article helps.

 

https://www.rac.co.uk/drive/advice/know-how/parking-charge-notices/

 

Appealing might at least put a pause on the demand letters until you're in a better place to deal with them

Edited October 20, 2017 by Dozer
Clarity

[ANGELFIRE1 10]

Unless its from a council carpark or PCN, Don't bother paying it.

 

I always thought the same. But I watched that High Court Enforcement Officer jobby on the telly the other day, Can't Pay, We'll Take it Away. One of the cases involved collecting 2k for parking fines. The bloke was adamant he had no need to pay the multiple fines as they were done on private land. The High Court Enforcement Officer gave him the HC document to read, and it was game over, pay up or else. So be very careful where you park, the buggers are out to get us.

 

Angel1

[chrisacooke 10]

Chris, sorry to hear about this, sounds really stressful.

 

I'm no expert but just did a bit of Googling looking for trustworthy sites. There was a decent discussion on the RAC site (see below), but one thing I noticed is that the wording on all of them is a bit vague, like this is either very complex or not a settled area of law.

 

Whatever -- it seems there is at least a right of appeal through the parking association. Hope this article helps.

 

https://www.rac.co.uk/drive/advice/know-how/parking-charge-notices/

 

Appealing might at least put a pause on the demand letters until you're in a better place to deal with them

 

It is really stressful. The trouble is that I was told at the time to do nothing and therefore the time given to lodge an appeal has most certainly passed us by. It seems as the the only option now would be to pay. It might be worth mentioning that this car park wasn't a pay&display so no ticket was needed. It was in a supermarket car park. The alleged contravention was that I was parked in a restricted area of the car park. I would argue that I wasn't in a restricted area but was parked alongside several other cars in the same area where no bays were marked but that there was nothing saying we couldn't park there - no lines on the ground saying "no parking" or anything. There was a yellow hatch-box which said deliveries only, but I was parked next to this. And it was a Sunday afternoon when most parking restrictions don't apply. Plus the car park was completely full.

[Dozer 13]

Terrible! I once parked in Manchester outside of our flat to help my elderly father up the stairs. A parking attendant was right there, and I asked if it would be OK. They shook their head "yes", I took him up, came straight back, and found he had left a ticket!

 

Anyway, I found a much clearer explanation with a bunch of options on Martin's Moneysaving Expert's site.

 

https://www.moneysavingexpert.com/reclaim/private-parking-tickets

 

I can't find anything about deadlines for an appeal, although I admit I was looking very quickly. Might be worth a try?

[pitsmoorlad 10]

Got a different sort of Private Car park problem.

Sis in Law is a blue badge holder. She went to Asda and parked in a disabled bay. When she went in her bag for the badges she discovered that she'd only got one badge, the one with the clock. She displayed this on the dashboard. When she got back to the car she found a Parking Eye charge notice for £40. On the ticket in the "reason for issue" box it said "failure to display BB". So I have some questions about this.

Do Parking Eye have a legal right to charge for not displaying both Blue Badges?

Are Disabled bays in a private car park legally enforceable?

Should we appeal, including proof that she's the owner of the "offending car", that she was the person shopping at Asda at the time, and that she is legally entitled to the blue badge?

 

Any advice on how to proceed would be welcome

Thanks

Edited November 29, 2017 by pitsmoorlad

[geared 301]

Blue badges have no legal standing in a private car park (in this case) as private car parks operate differently to public highways.

 

Generally private car parks operate under whatever terms the enforcement company set.

They might say you need both blue badges, or just one, or none - it's totally up to them.

 

In this case you're best going back to the car park and looking at what the sign there actually states, if it doesn't say anything about blue badges you would argue that they are sending you a charge for breaking a policy that does not exist.

[Flexo 10]

Blue badges are for council controlled parking.

 

In private car parks, the Equalities Act requires that reasonable adjustments be made for those who require them by way of disability. Not everyone who has a disability does have a blue badge and the Equalities Act does not require blue badges. The parking operator must comply with the requirements of the Equalities Act. It cannot mandate the use of blue badges because otherwise it would not be able to make reasonable adjustments for those persons who require reasonable adjustments but do not have a blue badge.

 

Write to them and inform them that the person requires reasonable adjustments in line with their obligations under the Equalities Act and that blue badges are not a requirement of the Act and that not everyone that requires use of a private disabled space will have a blue badge. The badge might be useful for knowing that someone meets the definition within the act but its use cannot be mandated.

[haddy 10]

As the timer part cam be easily bought the person is in the right issuing a ticket as they have no reason to believe the person has a full badge. Also it is clearly stated on blue badges that the main pass must be displayed in conjunction with the timer. Parking eye are good at following up on unpaid fines. If take it on the chin, lesson learnt that must follow the rules that are laid down with the issue of a blue badge

[geared 301]

As the timer part cam be easily bought the person is in the right issuing a ticket as they have no reason to believe the person has a full badge. Also it is clearly stated on blue badges that the main pass must be displayed in conjunction with the timer. Parking eye are good at following up on unpaid fines. If take it on the chin, lesson learnt that must follow the rules that are laid down with the issue of a blue badge

 

Well you clearly need to read what other people have said before sticking your tuppance in :hihi:

 

Private Car park problem

 

Blue badges are for council controlled parking.

[jaffa1 10]

I suggest she keeps her BB somewhere inside her car when not in use instead of her shopping bag then it is of easy access when needed.

[*SueW* 10]

I forget to display my blue badge some years ago when parked in a disabled bay at Asda Handsworth. We had a drive round to see if we could find the person giving out the tickets but had no success. So I went to customer services with the badge and was told to appeal in writing to the company whose details were on the ticket. So I did just that. I said in the letter that I was guilty as charged and it was my oversight. But as it was my first "offense" would they be prepared to over look the penalty on this occasion? My appeal was successful so I reckon it's worth a try.

[cuttingedge 10]

A clock is not a badge on its own, I have a number of old clocks must burn them.