Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: taffodil on January 17, 2025, 03:22:08 pm

Title: Re: anotyher Lidl no blue badge
Post by: b789 on October 01, 2025, 08:03:58 pm
Just wait for the N1SDT Claim Form to arrive. We will advise on how to defend it.

I repat, if you follow the advice we provide, you will not have to pay a penny.
Title: Re: anotyher Lidl no blue badge
Post by: jfollows on October 01, 2025, 03:58:28 pm
It’s normal, albeit not guaranteed, that this £60 offer leads to a discontinuation in due course if it’s not accepted.

https://www.ftla.uk/private-parking-tickets/zzps-is-chasing-contravention-dated-oct-2020-on-behalf-of-euro-car-park-ltd/msg88395/#msg88395, for example.
Title: Re: anotyher Lidl no blue badge
Post by: taffodil on October 01, 2025, 03:54:34 pm
Got a response to this today.

UK Parking Control Limited v ***
 
Dear

We write in response to your correspondence received in our office.

We now respond to the same as follows.

When parking on private land, the contractual terms of the site are set out on the signs. You are entering a contract and agreeing to the terms by parking and staying on the site. Parking in breach of the terms as stipulated on the signage means that you are then breaking the terms of the contract.

The terms and conditions on the signs stated that parking in a disabled bay was permitted, providing that a valid disabled blue badge was clearly displayed in the vehicle. A valid disabled blue badge was not on display as is demonstrated in the photographic evidence enclosed. The parking charge was issued correctly.

Attached are copies of evidence pertaining to the matter, however, if there are any documents that you have requested, but that are not attached, it is because we have deemed the request to be disproportionate and/or not relevant to the substantive issues in dispute. We respectfully draw your attention to paragraph 2.1(c) of the Protocol and remind you that both parties are expected to act reasonably and proportionately.

The amount owed is a genuine pre-estimate of the losses incurred in managing the parking location to ensure compliance with the clearly displayed terms and conditions. Further, in accordance with the British Parking Association (BPA)/International Parking Community (IPC) Code of Practice, where the Parking Charge becomes overdue and before Court proceedings have commenced, a reasonable sum may be added for the debt recovery fees. The correct recovery fees have been added and will not be removed, for completeness we would advise that the fee is not inclusive of any VAT, as it does not pertain to a supply of goods/services between you and our Client.

WITHOUT PREJUDICE

Notwithstanding the above, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £60.00 in full and final settlement of this Claim. The current outstanding balance is £170.00.

You now have 30 days from the date of this email to make payment of 60.00. Failure to make payment may result in a Claim being issued against you without any further reference.

Payment can be made via bank transfer to our designated client account: -

Account Name: DCB Legal Ltd Client Account
Sort Code: 20-24-09
Account Number: 60964441
You must quote the correct case reference (*****) when making payment. If you do not, we may be unable to correctly allocate the payment. If further action is taken by us as a result of an incorrect reference being quoted, you will be liable for any further fees or costs incurred.

We would ask that you kindly furnish us with your most up to date telephone number and email address, this can be emailed to us at info@dcblegal.co.uk.

Alternatively, you can contact DCB Legal Ltd on 0203 838 7038 to make payment over the telephone or online at https://dcblegal.co.uk/response/pay-online/.

Kind Regards,
Title: Re: anotyher Lidl no blue badge
Post by: taffodil on June 24, 2025, 11:40:13 am
My apologies for not replying to this and thanking you for providing me with this response, very rude of me. I got otherwise distracted with other things.

I have emailed this response to them a few days ago and as yet awaiting a reply.

Thank you again.
Title: Re: anotyher Lidl no blue badge
Post by: b789 on June 13, 2025, 12:12:51 pm
Did you send the formal complaints I advised you to send earlier? If so, have you had any responses to those?

Respond to the Letter of Claim (LoC) by email to info@dcblegal.co.uk and CC in yourself with the following:

Quote
Subject: Response to Letter of Claim, your ref: [reference no]

Dear Sirs,

Your Letter Before Claim, dated 30 May 2025, contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon and thus is in complete contravention of the Pre-Action Protocol for Debt Claims.

Because your letter lacks specificity and breaches the requirements of the Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2) as well as the Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)), you must treat this letter as a formal request for all of the documents/information that the protocol now requires your client to provide. Your client must not issue proceedings without complying with that protocol.

As solicitors you must surely be familiar with the requirements of both the Practice Direction and the Pre-Action Protocol for debt claims and your client, as a serial litigator of debt claims, should likewise be aware of them. As you (and your client) must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is embarrassing that a firm of Solicitors are sending a consumer a vague and un-evidenced 'Letter of Claim' in complete ignorance of the pre-existing Practice Direction and the Pre-Action Protocol.

I confirm that, once I am in receipt of a Letter Before Claim that complies with the requirements of para 3.1 (a) of the Pre-Action Protocol, I shall then seek advice and submit a formal response within 30 days, as required by the Protocol. Thus, I require your client to comply with its obligations by sending me the following information/documents:

1. An explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are; for how long it is claimed the vehicle was parked, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, what is the date of the agreement? The names of the parties to it and provide to me a copy of that contract.
6. If the claim is for a contractual breach, photographs showing the vehicle was parked in contravention of said contract.
7. Is the claim for trespass? If so, provide details.
8. Provide me a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the BPA/IPC Private Parking Single Code of Practice (PPSCoP).
9. a plan showing where any signs were displayed
10. Photographs of the signs displayed (size of sign, size of font, height at which displayed) at the time of any alleged contravention.
11. Provide details of the original charge, and detail any interest and administrative or other charges added
12. Am I to understand that the additional £70 represents what is dressed up as a 'Debt Recovery' fee, and if so, is this nett or inclusive of VAT? If the latter, would you kindly explain why I am being asked to pay the operator’s VAT?
13. With regard to the principal alleged PCN sum: Is this damages, or will it be pleaded as consideration for parking?

I am clearly entitled to this information under paragraphs 6(a) and 6(c) of the Practice Direction. I also need it in order to comply with my own obligations under paragraph 6(b).

If your client does not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on your client and to order a stay of the proceedings, pursuant to paragraphs 13, 15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until your client has complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for your client to issue proceedings. Should your client do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

Yours faithfully,

[Your name]
Title: Re: anotyher Lidl no blue badge
Post by: taffodil on June 13, 2025, 10:05:03 am
Received letter of claim from DCBL Legal, YESTERDAY, but dated 30th May.

What do I do now.

Old expired badge displayed in error, but driver did have (and still does) a valid in date badge and was  entitled to park in the space.

(https://i.imgur.com/vQmNgbb.jpeg)

(https://i.imgur.com/VysVaKJ.jpeg)
Title: Re: anotyher Lidl no blue badge
Post by: taffodil on June 02, 2025, 09:03:02 am
OK will continue to ignore.
Title: Re: anotyher Lidl no blue badge
Post by: jfollows on June 02, 2025, 08:24:49 am
If you’ve looked at other posts you should know to ignore anything and everything from DCBL or any other debt collectors. Come back when you receive a Letter of Claim, probably from DCB Legal.
Title: Re: anotyher Lidl no blue badge
Post by: taffodil on June 02, 2025, 07:52:37 am
I was going to continue ignoring this but seen the other post where they've received court claim for parking at the same place.

Similar circumstances in my case, driver was disabled but used expired badge in error but did have valid badge

I've attached latest communication from DCBL

(https://i.imgur.com/APNmpfx.jpeg)

(https://i.imgur.com/VOzfRit.jpeg)
Title: Re: another Lidl no blue badge
Post by: b789 on January 18, 2025, 03:42:38 pm
You can include the receipt from Lidl to prove that you were a patron but it isn't really necessary. Lidl are only a tenant at this location and are not responsible for contracting the useless UKPC. Lidl owned carparks use ParkingEye.

British Land Company are the landowner and either McMullen Real Estate or Park Place Retail are the managing agent. Not sure which so the letter to British Land will hopefully force them to get their agents to deal with the matter.
Title: Re: anotyher Lidl no blue badge
Post by: taffodil on January 18, 2025, 02:23:18 pm
wow that's amazing, thanks very much

should I also enclose the receipt from Lidl or not?

I'll send those today, thank you!
Title: Re: another Lidl no blue badge
Post by: b789 on January 18, 2025, 12:41:21 pm
The parking charge was issued because an expired disabled badge was displayed by mistake, but this doesn’t mean the driver wasn’t entitled to use the disabled bay. The driver or an occupant is disabled, has an in-date badge, and simply displayed the wrong one by error.

Under the Equality Act 2010, people with disabilities are entitled to reasonable adjustments, and parking operators must not penalise someone for a genuine mistake when it’s clear they qualify for using the space. The purpose of disabled bays is accessibility, and that need was still valid in this case.

UKPC’s rejection of the appeal isn’t just a failure to consider their legal obligations—it’s a blatant breach of the law. By pursuing this charge, they are discriminating against a disabled person with protected characteristics.

Send the following as a formal complaint to UKPC and include a copy of the valid blue badge but make sure you redact any personal information on it. The letter and the copy of the BB should be as PDF files attached to an email which is sent to: complaints@ukparkingcontrol.com and also CC in yourself.

Quote
UK Parking Control Ltd
Eastcastle House
27/28 Eastcastle St
London
W1W 8DH

By email: complaints@ukparkingcontrol.com

Date [date]

Subject: Formal Complaint and Appeal Regarding Parking Charge Notice [PCN Reference Number]

Dear UKPC,

I am writing as the registered keeper of the vehicle in question to formally lodge a complaint regarding the Parking Charge Notice issued on 14th December 2024 for allegedly “parking in a disabled person's space displaying an expired disabled person's badge.” A copy of a valid Blue Badge is enclosed as proof of eligibility to use the disabled bay in question.

To clarify for the benefit of your operative—who evidently struggles to grasp this fundamental point—a person’s disability does not magically expire when their Blue Badge does. If this simple concept is too difficult for your staff to comprehend, then they are entirely unfit to work in any role requiring judgment, let alone one involving the enforcement of parking terms that intersect with disability rights. This is a blatant case of discrimination against a disabled individual, as defined under the Equality Act 2010.

The Equality Act mandates reasonable adjustments for disabled people, yet you are penalising a genuine mistake that has no bearing on the eligibility of the vehicle to use a disabled bay. This is not only grossly unfair but also an illegal act of discrimination. The actions of your company—rejecting the initial appeal and persisting in pursuing this charge—demonstrate a total disregard for the law and basic decency.

Additionally, this complaint should also be treated as an appeal in line with the BPA/IPC Private Parking SingleE Code of Practice (PPSCoP), which states that all complaints relating to a parking charge must be treated as appeals, regardless of whether a prior appeal has been submitted. Your rejection of the initial appeal does not exempt you from addressing this matter properly.

The purpose of disabled bays is to provide accessibility to those who need them, not to punish disabled individuals for clerical errors or oversights. The driver or occupant of the vehicle was eligible to use the bay, and your attempt to penalise this usage is both unlawful and unconscionable.

I demand the immediate cancellation of this Parking Charge Notice and written confirmation that no further action will be taken. A copy of the valid Blue Badge is enclosed to further support this complaint. If you fail to comply, I will escalate this matter to the British Parking Association (BPA) for a formal investigation into your breaches of the Equality Act and the PPSCoP. Furthermore, I reserve the right to pursue legal action for damages arising from this act of discrimination.

You have 14 days to provide a written response confirming that the PCN has been cancelled. I suggest that this time is used to review your policies, re-educate your staff on equality law, and reflect on the inadequacy of your current processes.

Yours sincerely,

[Registered Keeper's Name]

You should also send the following complaint to the landowner, British Land Company PlC and copy in Ryan McDonnell, the CEO of Lidl UK.

Quote
British Land Company Plc
York House
45 Seymour Street
London
W1H 7LX

By email: info@britishland.com
CC: Ryan McDonnell@lidl.co.uk

[Date]

Subject: Formal Complaint Regarding Parking Charge at [Lidl Solartron Retail Park]

Dear British Land Company Plc,

I am writing to formally complain about the conduct of your parking operator, UKPC, and the handling of a Parking Charge Notice (PCN) issued at the Lidl store on your property on 14th December 2024. As the landowner, you are jointly and severally liable for the actions of your agents, and this incident has caused significant distress and inconvenience. Should this PCN escalate, you will be included in any future litigation.

The alleged contravention involved “parking in a disabled person's space displaying an expired disabled person's badge.” The vehicle was parked in a disabled bay by a driver or occupant who is disabled and holds a valid, in-date Blue Badge. Unfortunately, an expired badge was displayed in error. Despite this, the driver or occupant’s eligibility to use the bay is indisputable, and penalising a disabled individual for such a minor administrative mistake is not only unreasonable but discriminatory.

UKPC’s rejection of the initial appeal demonstrates a complete lack of understanding of their obligations under the Equality Act 2010, which requires reasonable adjustments for disabled individuals. Their actions constitute unlawful discrimination, and as the landowner, you bear ultimate responsibility for the actions of your agents.

The purpose of disabled bays is to provide accessibility to those who need them, not to punish genuine users for minor oversights. This heavy-handed approach tarnishes the reputation of businesses operating on your property and alienates customers who rely on these facilities. I am appalled that British Land Company Plc would allow such an inflexible and discriminatory parking enforcement policy to persist on your premises.

I demand the following actions:

• Immediate intervention to ensure that this Parking Charge Notice is cancelled.

• A review of your relationship with UKPC and the manner in which parking enforcement is conducted on your sites.

• Written confirmation of what steps British Land Company Plc will take to ensure that disabled customers are treated with the dignity and respect they deserve.

If this matter is not resolved promptly, I will escalate my complaint and reserve the right to pursue legal action for damages arising from this discriminatory incident.

I trust British Land Company Plc will act swiftly and appropriately to address this serious matter.

Yours sincerely

[Your Name]
[Contact Information]
Title: Re: anotyher Lidl no blue badge
Post by: taffodil on January 18, 2025, 11:56:04 am
I've uploaded it to the imgur site and here's the link it wouldn't let me edit my original post to put it there

(https://i.imgur.com/vufk6Mzl.png)
Title: Re: anotyher Lidl no blue badge
Post by: taffodil on January 18, 2025, 10:48:24 am
Not sure what that is.
Title: Re: anotyher Lidl no blue badge
Post by: mickR on January 17, 2025, 10:53:26 pm
are you using an external host as per site rules?
Title: Re: anotyher Lidl no blue badge
Post by: taffodil on January 17, 2025, 05:34:38 pm
Thank you

I attached the final demand but it doesnt seem to be showing not sure why
Title: Re: anotyher Lidl no blue badge
Post by: b789 on January 17, 2025, 05:32:30 pm
Don't worry about it. No one who is here receiving advice ever pays a penny to UKPC.

For now, the recipient of the PCN should still approach Lidl to see if they can get it cancelled.

I don't have time right now but I will be back tomorrow and will tell you what to do next if no one else does before that.
Title: Re: anotyher Lidl no blue badge
Post by: ixxy on January 17, 2025, 04:33:16 pm
Like the other case if UKPC is issuing the PCN it's probably not a site that Lidl have contracted the parking operator on so they may have limited influence over the PCN. If it's a site they have contracted with the private parking operator on they do have complete control over the PCN and whether to cancel it. So if UKPC aren't playing ball the managing is the person to contact rather than Lidl.
Title: anotyher Lidl no blue badge
Post by: taffodil on January 17, 2025, 03:22:08 pm
I saw the other post about pakring at lidl without a disabled badge and almost identical happened to me

The driver of my car that day parked in the disabeld space at lidl but put on the wrong badge which was expired instead of the in date one.
Parked on 14th December but again I never received the first letter, first letter I got was final demand and was date 31.12.24 and received in new year.

I already appealed to them with the copy of what b789 wrote but changed the bit about the disabled badge was expired but the driver is disabled and does have one that was in date and just put the expired one by mistake

I sent to UKPC online and 1 hour later they rejected it very quick I don't think they read it and I will copy it here they have put the popla code on it. I've attached the final demand here

This is what UKPC sent to me in the email when they rejected it

---------------
Date: 16 January 2025
Reference:
Registration:
POPLA Reference:

Dear ***
Thank you for your recent communication concerning parking charge reference **********
We have carefully considered your appeal based on the information provided and the evidence supporting the parking charge. In this instance having
completed our assessment, we consider the parking charge to have been correctly issued based on the reason the parking charge was initially generated, as
the terms and conditions of parking were breached and information provided is not sufficient to cancel the parking charge.
Our appeals process is now concluded, you may now choose one of the following options:
1) Pay the parking charge detailed above at the reduced rate of £60.00 to UK Parking Control Ltd. PLEASE REFER OVERLEAF FOR PAYMENT OPTIONS
AND ADDRESS DETAILS.
2) Make an appeal to the independent adjudicator POPLA (Parking on Private Land Appeals) using the verification code provided above. Please note that if
you wish to appeal to POPLA, you will lose the right to pay the discounted rate of £60.00, and should POPLA reject your appeal you will be required to pay
the full amount of £100.00. If you opt to pay the parking charge you will be unable to appeal with POPLA. Appeals to POPLA must be made within
twenty-eight days from the date of this letter. To appeal with POPLA, please visit www.popla.co.uk. If you are unable to access the internet, you may
appeal by post – this must be done using a POPLA postal form which may be obtained by contacting POPLA by phone (0330 159 6126) or post (PO Box
1270, Warrington, WA4 9RL).
By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service
that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such
should you wish to appeal then you must do so to POPLA, as explained above.
3) If you choose to do nothing the parking charge will automatically increase after thirty-five days from the date of this letter to £100.00 and the matter
will be passed to our debt recovery agent, at which point you will be liable to pay an additional charge of £70, in accordance with the terms and conditions
of parking, and further charges will be claimed if court action is taken against you. Any unpaid court judgement may adversely affect your credit rating.
Yours sincerely,
Appeals Department
UK Parking Control Limited
---------------------------

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