Home Bargains Cannon Ln, Tonbridge TN9 1PQ - PCN from Group Nexus / CP PLUS

Hello, I certainly didn't expect to find myself here asking for the best advice… however…

My wife and daughter are both registered disabled and have their own Blue Badges, this is a regular shopping and coffee location for them. On a previous visit to this exact location my vehicle was issued with a parking charge for an overstay due to their disabilties, I appealed directly to the operator Group Nexus / CP Plus Ltd and gave very basic information that more time was needed due to their disability and supplied a copy of BB, they allowed the appeal and cancelled their parking charge notice. thought no more of it…

Recently my daughter has received a parking charge from the same company, I thought this would be no problem as last time, so we drafted a factual appeal (all within their timeframes) on their web portal fully expecting this to be accepted and cancelled.

On the day in question it was my daughter who drove her vehicle to this site, as stated already she is disabled too and has her own BB plus her car is registered with DVLA as taxation of DISABLED.

The pcn was appealed providing a full account that on the day in question advising them that there were three disabled persons at the site / travelling in the vehicle, as the elderly MIL was also with them, she uses a walking frame on wheels to get around at about 1mph and requires frequent stops due to her disability and also her own Blue Badge.

Copies of all THREE blue badges were sent to the operator plus a detailed outline of each persons disabilities advising them that disabilities led to the overstay in the car park by 35mins, due to the speed of the slowest person (the MIL) moving between shops and then around shops etc. It was a shock that Group Nexus / CP Plus actually declined the appeal even with sight of THREE DISABLED BADGES all of the people present that day…

I then thought that this was just greed taking over and the operator just trying to play their game, and that the POPLA appeal would surely see just how ridiculous it was to decline an appeal with three disabled persons visiting a site - WRONG ! POPLA sent a detailed appeal and also DECLINED the appeal… now waiting on the next move…

If you’re asking something rather than just telling a story, please read http://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ and follow its instructions on what to post and how in order for us to be able to provide advice.

Blue badges have no meaning on private land, although the land owner through the parking company may choose to incorporate them into its terms, for example by providing special parking spaces in which blue badges need to be displayed. They have a duty of care so that disabled people are not placed at a substantial disadvantage under the Equality Act 2010. So if the operator has failed to make reasonable adjustments which led to the charge notices, you have grounds for an appeal or in due course a defence to a claim. It seems important to note "substantial" and "reasonable" here.

Having exhausted the appeals process, you are likely to receive threats from debt collectors, a Letter of Claim from a solicitor, and a county court claim. You should consider what your defence to this will be, based on the facts and particular circumstances.

It would be to your advantage to get the landowners to have the PCN cancelled by them if possible. In hindsight you should have come to this forum earlier as it appears the driver has been disclosed. Follow the advice you have been provided with in the first instance.

Copies of all THREE blue badges were sent to the operator plus a detailed outline of each persons disabilities advising them that disabilities led to the overstay in the car park by 35mins

With respect, a BB is not a carte blanche to overstay, especially by such a considerable length of time. We don't know anything about the Ts and Cs and facts on the day so rather than speculate, pl post the docs as advised.

To be clear, you are neither the driver nor registered keeper but helping your daughter who is the registered keeper?

I agree that on the face of it I am skeptical about a 35 minute over-stay, especially if (and we don’t know this) the land owner provides parking spaces for disabled customers close to the location.

5 minutes would be more understandable, and would be covered by the “grace period” anyway.

Regardless, we can provide advice if we’re given more information as requested already.

@jfollows:
Adding to my story I believed it best to provide a full situation overview.
interesting you say to compare 'substantial and reasonable, please elaborate on this...

I believed that the Equality Act should protect this situation as more time was clearly needed, time slips away when you are struggling to get around !
Appreciate we have exhausted the appeal process, ansd will get the debt collector letters etc.
I need to fully understand how best to fight this as it feels extremely unjust for three disabled persons all struggling with mobility.


@sander333:
I am currently emailing the landowners to attempt to get this cancelled by them.
In hindsight, I agree I went looking for Pepipoo (after Popla decline) and then found out its demise and got to here, thing is we never thought it would get this far having previously had one cancelled, I think the driver may well have been revealed in the way the appeal was worded, yes. I dont think we can access the exact wording although I am trying to see if we kept screenshots, I think we would have done?

@tincombe
Appreciate that BB is not a carte blanche to overstay, nut this was certainly not deliberate and I said above, time slips away when you are struggling with mobility and plan to visit a few of the shops on the site... should they really be punished for walking disabilities?
I am neither the driver or registered keeper, indeed helping my daughter who is registered keeper and disabled herself with BB and the vehicle taxation class is also registered as disabled with DVLA.

@jfollows
Re: skeptical about 35 min overstay... the landowner does provide disabled spaces which are often full and sometimes you need to wait to get a space close to shop all which takes up time.



I don't think it is relevent, but the photo of the car exit the site you can see thr rear yellow plate, yet for some reason on the document they used the front plate twice as it shows a white plate...  will upload another photo of this...




Appreciate the help and guidance.











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interesting you say to compare 'substantial and reasonable, please elaborate on this...

All I'm saying is that if this comes to a county court claim which you need to defend, you need to argue that people were placed at a substantial disadvantage because of their disabilities and that the operator did not make reasonable adjustments to take this into account.

Also posted at .

There appear to be special parking spaces for disabled drivers.

Agree, there are a few designated disabled spaces, but these are usually filled and people queue for them

Agree, there are a few designated disabled spaces, but these are usually filled and people queue for them

So could you argue that too few of them is not a reasonable adjustment to cater for customers’ needs? Did you park in one of them this time?

Yes, after a short wait. Have emailed landowners requesting they cancel under Disability Act and will also  email individual visited shops in a few days with copies of bank statements showing bone fide customers that needed more time due to individual disabilities and request they arrange cancellation.