PCN

[protocol1]

Hi, I am new and would appreciate some advice. I regularly park in Epsom (Ashley Centre) and was ticketed having not displayed my Blue Badge correctly while in a Disabled bay. I paid the PCN immediately stating that it is paid on the strict understanding of no admittance of liability. I decided to challenge the local Council about this matter stating that I felt the PNC was illegal. The defence I put to the Council was that on entering the car park I had accepted a token which created contractual relations. The PCN ticket was issued to my car which was showing tax exemption and clearly marked DISABLED typed on the tax disc. I firmly believe that the car was easily identifiable from the outside as a Disabled car permitting me to park in a Disabled bay. I complained about the PCN to the car park office and remonstrated that I had yet to pay the exit fee. I produced the Blue Badge and was allowed the standard concessionary/reduced rate for the Disabled. This then entitled me to leave the car park. My question is a simple one really in that I consider the issuing of PCN's to Disability Scheme vehicles as illegal. The Council have issued over three thousand of these PCN's and I believe where cars are identified as being Disabled Tax Exempt surely makes the Council Liable to refund all PCN charges to those issued and robbed? I really think the Council are on a sticky wicket with this one and would like to know if its worth pursuing as a High Court Application? This is not so much parking regulations law but a contractual one having agreed to pay the parking charge on entry? Any one got some sound advice. Thanks.

[michael]

Re: PCN

Or you could just remember to display your Blue badge.

[Kati]

Re: PCN

Hi, I am new and would appreciate some advice. I regularly park in Epsom (Ashley Centre) and was ticketed having not displayed my Blue Badge correctly while in a Disabled bay. I paid the PCN immediately stating that it is paid on the strict understanding of no admittance of liability. I decided to challenge the local Council about this matter stating that I felt the PNC was illegal. The defence I put to the Council was that on entering the car park I had accepted a token which created contractual relations. The PCN ticket was issued to my car which was showing tax exemption and clearly marked DISABLED typed on the tax disc. I firmly believe that the car was easily identifiable from the outside as a Disabled car permitting me to park in a Disabled bay. I complained about the PCN to the car park office and remonstrated that I had yet to pay the exit fee. I produced the Blue Badge and was allowed the standard concessionary/reduced rate for the Disabled. This then entitled me to leave the car park. My question is a simple one really in that I consider the issuing of PCN's to Disability Scheme vehicles as illegal. The Council have issued over three thousand of these PCN's and I believe where cars are identified as being Disabled Tax Exempt surely makes the Council Liable to refund all PCN charges to those issued and robbed? I really think the Council are on a sticky wicket with this one and would like to know if its worth pursuing as a High Court Application? This is not so much parking regulations law but a contractual one having agreed to pay the parking charge on entry? Any one got some sound advice. Thanks.

This (http://www.parkingcowboys.co.uk/disa...y-blue-badges/) might be worth reading

Most car parks provide disabled bays to meet the requirement in the Equality Act 2010 to provide ‘reasonable adjustments’ to those who fit the lawful definition of disability. That means the person has the lawful right to park there if they have a long-term disability and they have the need for a disabled bay (e.g. because it is wider, nearer the shops). For council-owned car parks and public roads, the blue badge scheme is run to enable holders to show that they have certain parking rights. However, the blue badge scheme does not apply on private land.