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Horizon pcn disabled badge
vix2000
post Thu, 4 Oct 2018 - 13:24
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Hi my vehicle was parked at parkway retail park near sheffield. On arrived there were no free disabled spaces so the car had to be parked in a normal bay but the blue badge was in the windscreen. A parking fine has now been received from Horizon for being 12minutes over the 3 hours allowed. The charge is £80 for 12 minutes parking!!! Can anyone advise me what the current situation is with responding to this, please?

This post has been edited by vix2000: Thu, 4 Oct 2018 - 15:14
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post Thu, 4 Oct 2018 - 13:24
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nosferatu1001
post Thu, 4 Oct 2018 - 13:33
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EDIT YOUR POST
You must not refer to the driver in a way that identifies them. You call them "the driver", so "the driver parked at parkway..." instead of what you wrote.

What importance is attached to the blue badge? Would it allow unlimited parking in the assigned disabled bays, or something?
Otherwise you have an easy out - grace periods
HTey MUST repeat MUST have TWO periods - one at hte start and one at the end. The one at the end must be at least ten min. the one at the start isnt as defined but must include time to park and leave the car having found any applicable signs. Say, at least 5 or so minutes. Meaning within the 12 min quoted here.

When you say "now received" was it
1) windscren
2) through the post

Answer 1 or 2...
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Jlc
post Thu, 4 Oct 2018 - 13:57
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I'm guessing this was an ANPR (camera) ticket and the parking company have no idea a disabled badge was involved.

Whilst I suspect the signs do not give any concessions to the disabled, they still have to make reasonable adjustments for people with protected characteristics. They clearly made bays available (possibly not enough mind).

Such a person will require more time to enter/exit vehicle and possibly generally get around. They are obviously running a grace period of 10 minutes which actually in my opinion instantly breaches the BPA Code of Practice because the minimum exit grace after a normal period of parking is 10 minutes. This would leave no time to enter, park and agree any contract on offer.

However, as they only care about the money that may not relent. The first port of call should be the retail park management about the ticket - they will have the power to cancel it, although they may try and claim they don't. Do this ASAP and ensure to mention the Equality Act and the reasonable adjustments such as more time. (Also note that extra time was needed because of the full bay situation)

I would be surprised if they didn't assist, but if they don't then there are other options.

This post has been edited by Jlc: Thu, 4 Oct 2018 - 13:59


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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vix2000
post Thu, 4 Oct 2018 - 15:17
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Yes it was through the post. I'm not sure but I think there is no time limit if parked in a disabled bay. Thank you for your advice, I will write to the retail store in question.

This post has been edited by vix2000: Thu, 4 Oct 2018 - 15:17
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The Rookie
post Thu, 4 Oct 2018 - 15:24
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A reasonable adjustment in this case would be the slower transit times into the shops and back as they failed to provide enough disabled bays.

in addition the times are no doubt car park entry to exit, not parked so its completely plausible the car was only parked for the permitted time with grace period anyway!


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vix2000
post Thu, 4 Oct 2018 - 16:40
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Could you just clarify, is the reasonable adjustment time due to the disablement and part of the equality act 2010? This is what I have drafted to sent to the CEO of Matalan as there is no direct contact for the local store. Does this sound OK and cover everything please?

"Dear Mr Hargreaves

My vehicle was recently issued with a parking ticket by Horizon Parking whilst it was parked in a bay at Parkway Retail Park, Sheffield, for parking for 3 hours and 12 minutes, 12 minutes over the usual allowance.

This was during a shopping visit to your store, and, at the time, the vehicle was displaying a blue badge, an occupant of the vehicle being in receipt of the higher rate mobility and care component of PIP due to incurable cancer. However the vehicle was not parked in a disabled bay as all were taken on arrival, which added time to our visit.

Horizon have issued a ticket in contravention of their own industry code of practice (clause 16.5 of the BPA Ltd Code of Practice requires them to desist from issuing parking tickets to vehicles displaying a blue badge) and to use “reasonable discretion”.

As I am sure you are aware, the Equality Act 2010 provides for a reasonable allowance to be made when dealing with people who fall under the provisions of the act. Any attempt to resist making reasonable allowances can be considered a breach of the legislation. As your agent, you may be held liable for the actions of Horizon under Law of Agency principles.

I have enclosed a copy of the parking charge notice.

I would appreciate it if you could look into the ticket issued by Horizon, with a view to cancelling it for me, and put an end to the current pursuit of this legally dubious parking ticket.

Yours sincerely"


This post has been edited by vix2000: Thu, 4 Oct 2018 - 17:05
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post Thu, 4 Oct 2018 - 17:53
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I would think it would help your case more if you attached a receipt showing that there was shopping in Matalan that day, or if no receipt available then a copy of a bank / credit card transaction showing money spent in the store. Otherwise why should Matalan help when there are other retailers on the retail park and you could have only shopped with them.
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vix2000
post Thu, 4 Oct 2018 - 20:45
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I do have a receipt, however most Matalan customers hold a card which registers all store transactions. I will attach a copy any way as I spent a considerable amount. Can anyone advise on the draft letter please
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post Thu, 4 Oct 2018 - 21:31
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I would take out the bit saying:

“Horizon have issued a ticket in contravention of their own industry code of practice (clause 16.5 of the BPA Ltd Code of Practice requires them to desist from issuing parking tickets to vehicles displaying a blue badge) and to use “reasonable discretion”. “

They haven’t breached the BPA Codes of Practice because they are unaware at this time that they have issued a ticket to a vehicle with a blue badge, they have simply recorded the entry and exit time of the vehicle which amounts to longer than the site permits. If they should fail to deal favourably with an appeal once the blue badge has been pointed out, then they could then be failing to make reasonable adjustments.
Also, given that you are asking the CEO to be reasonable and help you, I would take out the words “legally dubious”.
Then add “I have attached a receipt showing that £xxxx was spent in your store on this day.”



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vix2000
post Wed, 10 Oct 2018 - 11:21
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Been laid up with flu, but just sent edited email do I need to contact Horizon with an appeal or anything?
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vix2000
post Wed, 10 Oct 2018 - 11:21
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Been laid up with flu, but just sent edited email do I need to contact Horizon with an appeal or anything?
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nosferatu1001
post Wed, 10 Oct 2018 - 11:46
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Yes, of course you need to appeal before their deadline expires.
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vix2000
post Wed, 10 Oct 2018 - 15:03
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Thanks, would the appeal just be stating the equality act 2010, not the BPA regs? also I’ve been trying to read through similar threads, I don’t think this is a notice to keeper. Does that make any difference to the appeal? X

This post has been edited by vix2000: Wed, 10 Oct 2018 - 15:25
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SchoolRunMum
post Wed, 10 Oct 2018 - 17:51
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QUOTE
(clause 16.5 of the BPA Ltd Code of Practice requires them to desist from issuing parking tickets to vehicles displaying a blue badge)
Are you sure?

The BPA CoP used to say this years ago but they took it out ages back.

Your appeal should attach the Blue Badge, but not imply who the driver was.
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vix2000
post Wed, 10 Oct 2018 - 22:47
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no sorry i found it while searching here for help
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vix2000
post Thu, 18 Oct 2018 - 21:02
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I have had no response from my email to matalan so I will send by post

I have drafted the appeal below from templates if you could check it out please?

I believe I should wait until 26 days from the fine date to submit it?

Re PCN number: 

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement. There will be no admissions as to who was driving and no assumptions can be drawn.  

Since your PCN is a vague template, I require all photos taken, a clear image of the signage and an explanation of the allegation (e.g. if you have identified a wrong VRN input at a machine, say so, and explain why your Data Protection Officer has not simply rectified it, rather than trying to punish a driver for a matter where there is nothing to deter). 

In order to resolve the dispute I attach copies of the blue badge displayed at the time of parking and also the receipt for purchases made at the store. I am sure you are aware that blue badge holders are legally entitled to a ‘reasonable adjustment’ which should include an extension of time over and above free or paid for parking time. 

I will be making a formal complaint about your predatory conduct to your client landowner and to my MP, appraising all parties of the debate where Parliament agreed: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists...should not have to put up with this''. Firms of your ilk were unanimously condemned as operating an 'outrageous scam' (Hansard 2.2.18). The BPA & IPC were heavily criticised; hardly surprising for an industry where so-called AOS members admit to letting victims 'futilely go through the motions' of appeal and that 'we make it up most of the time' (BBC Watchdog).  

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service.
Yours faithfully, 
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SchoolRunMum
post Thu, 18 Oct 2018 - 21:05
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Yes that's fine.
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vix2000
post Wed, 24 Oct 2018 - 19:01
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eventually managed to contact the store manager, and, as expected, they said the car park is nothing to do with them and they have no jurisdiction over it.
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The Rookie
post Thu, 25 Oct 2018 - 11:37
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If it was their own car park, that's probably not true, if its part of a retail park it probably is true. You say it was a retail park in your first post, that's really who you should have gone to.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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vix2000
post Sat, 27 Oct 2018 - 20:54
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Unfortunately after much searching I cannot find the management company.
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