Need help with Civil Enforcement Ltd

[MadRed08]

Re: Need help with Civil Enforcement Ltd

Hiya, I visited the car park last night and took a picture of the sign, to my shock it actually states that the first 2 hrs parking are Free!! so i'm being charged £150 for 14 minutes!! I would definately say that this is an unreasonable charge!! I'm going to appeal and send them a cheque for £2 which is the extra 2 hrs parking charge.
Thank you for all your help.
Rachel

[CleverClogs]

Re: Need help with Civil Enforcement Ltd

Why not also sue the buggers under the Equality Act for their failure to make reasonable provision for drivers with disabilities, as their signs are so far from the bays for "disabled" drivers?

[MadRed08]

Re: Need help with Civil Enforcement Ltd

There was a sign at the end of the mother and baby spaces but not next to the disabled ones.

[CleverClogs]

Re: Need help with Civil Enforcement Ltd

There was a sign at the end of the mother and baby spaces but not next to the disabled ones.

Exactly!

[labman]

Re: Need help with Civil Enforcement Ltd

What about signage on entry to the car park - was this clear, legible on entry, at a sensible height etc....? Don't make a trip back if you didn't notice, but if you did it all adds to the case.

[bluebottle]

Re: Need help with Civil Enforcement Ltd

Persons with disabilities should be given up to 3 hours, not 2 hours. The sign may not be compliant with disability discrimination legislation. Check with the Equality & Human Rights Commission. If the signage isn't compliant, I would threaten to sue, as Clever Clogs suggests. The damages and costs they would be likely to incur, not to mention the damage to their reputation, alone would, in all probability, dissuade them from pushing this matter any further.

[labman]

Re: Need help with Civil Enforcement Ltd

Persons with disabilities should be given up to 3 hours, not 2 hours. The sign may not be compliant with disability discrimination legislation. Check with the Equality & Human Rights Commission. If the signage isn't compliant, I would threaten to sue, as Clever Clogs suggests. The damages and costs they would be likely to incur, not to mention the damage to their reputation, alone would, in all probability, dissuade them from pushing this matter any further.

It is an ongoing argument as to whether or not owners of private land are allowed to say what happens on their own land when it comes to disabilities. I would not use this as an argument until it has been proven elsewhere. Counter-suing over signage is also likely to be counter productive. It's best to put in a strong appeal using these issues as an argument and offering payment for the 14 minutes, as already mentioned by the OP.

I think this is a very sensible way forward. The feeling nowadays is avoid court at all costs if you can.

[CleverClogs]

Re: Need help with Civil Enforcement Ltd

The feeling nowadays is avoid court at all costs if you can.

OK - how about getting the Equality and Human Rights Commission to jump on the buggers?

[MadRed08]

Re: Need help with Civil Enforcement Ltd

There is a sign at the entrance but it's at the side of the entrance to the car park spaces that arn't disabled bays, when entering the car park disabled bays are located to the right so you automatically turn right, the sign is on the left.

I've just finished my appeal letter adding BPA's guidelines to it and the point where i believe they are wrong, i have enclosed a cheque for £2 which is the rate i would of had to pay if i had known i had to pay.
Wish me luck.
Rachel

[labman]

Re: Need help with Civil Enforcement Ltd

Good luck - if this one doesn't succeed, then you get the POPLA code with the outcome of your appeal, and then appeal directly to POPLA. There, as long as you have a strong letter of appeal, you have a good chance of succeeding.

[bluebottle]

Re: Need help with Civil Enforcement Ltd

It is an ongoing argument as to whether or not owners of private land are allowed to say what happens on their own land when it comes to disabilities. I would not use this as an argument until it has been proven elsewhere. Counter-suing over signage is also likely to be counter productive. It's best to put in a strong appeal using these issues as an argument and offering payment for the 14 minutes, as already mentioned by the OP.

I think this is a very sensible way forward. The feeling nowadays is avoid court at all costs if you can.

A private car park owner is subject to the provisions of the Equality Act 2010 as they would be deemed to be providing a service. A supermarket or retail park operator providing car parking facilities would also be subject to the Act. Whether they undertake parking control themselves or outsource it to a PPC, the Equality Act applies.

[labman]

Re: Need help with Civil Enforcement Ltd

A private car park owner is subject to the provisions of the Equality Act 2010 as they would be deemed to be providing a service. A supermarket or retail park operator providing car parking facilities would also be subject to the Act. Whether they undertake parking control themselves or outsource it to a PPC, the Equality Act applies.

So your recommendation as best advice to the OP would be to threaten to sue under this act would it?

The point I was making was that with PPC's it has not yet, as far as I (and Pepipoo as I was reading about exactly this last night) know been tested in court. It is therefore unwise to use one of our members as the guinea pig, as a threat may have to be carried out.

As far as possible, Parking Charges should be kept out of court at present (we know it is an ever changing scenario with them), as some bizarre judgments have been made, contrary to everything given in evidence.

[bluebottle]

Re: Need help with Civil Enforcement Ltd

So your recommendation as best advice to the OP would be to threaten to sue under this act would it?

The point I was making was that with PPC's it has not yet, as far as I (and Pepipoo as I was reading about exactly this last night) know been tested in court. It is therefore unwise to use one of our members as the guinea pig, as a threat may have to be carried out.

As far as possible, Parking Charges should be kept out of court at present (we know it is an ever changing scenario with them), as some bizarre judgments have been made, contrary to everything given in evidence.

The best thing the OP can do is refer the matter to the Equality & Human Rights Commission for their opinion as to whether the Equality Act 2010 has been breached. EHRC is the responsible body tasked with enforcing the Act. At least, by referring it and seeking an opinion, it will give the OP a better idea as to which path they should pursue - pay or defend any fatuous claim.

[labman]

Re: Need help with Civil Enforcement Ltd

In my opinion The best thing the OP can do is refer the matter to the Equality & Human Rights Commission for their opinion as to whether the Equality Act 2010 has been breached. EHRC is the responsible body tasked with enforcing the Act. At least, by referring it and seeking an opinion, it will give the OP a better idea as to which path they should pursue - pay or defend any fatuous claim.

...... and that will fit within the time constraints will it?

Forgive me adding three words to your post.

[mystery1]

Re: Need help with Civil Enforcement Ltd

The best thing is to appeal and almost certainly get to popla and win.

It's not about proving a point or pissing around. It's about not paying.

M1