Thinking about this a bit more, there are several approaches to this I would consider.
You (or any family member with your MILs consent) can make direct representations to the managing agent or residents' management company, highlighting:
• The resident’s protected characteristics under the Equality Act 2010 (age and disability),
• The lack of reasonable adjustments, e.g. no alternative way for her to authorise visitors, no disabled bay, and the inaccessibility of her own bay,
• The indirect discrimination caused by enforcing app-only systems without exemptions,
• The history of informal custom and practice of using the Visitor Bay without issue,
• The distress and unfairness of pursuing family members who were clearly acting in her best interests.
This can be done through a written complaint, ideally referencing that they, as principal or landowner’s agent, remain jointly responsible for the actions of their parking contractor (PCM), especially if any breach of the Equality Act arises. You should ask them to:
• Intervene and have the charge cancelled, and
• Consider reviewing their parking enforcement arrangements for residents in similar circumstances.
As for any appeal, hold off on that until as late as possible in order to get a response from the management company. Your son as the Keeper, has until 11th April to submit an appeal.
For now send something along these lines to the management company:
Dear Sirs,
I am writing on behalf of my mother-in-law, a 92-year-old disabled resident at [property address], in relation to a parking charge issued to a family member who was visiting to assist her.
At the time, one of her two allocated parking bays was occupied by another vehicle, and the other — while technically vacant — is too narrow to allow safe access with a wheelchair. There is no designated disabled bay provided anywhere on site. The only practical and accessible option was to park in the Visitor Bay within the gated residential area. A valid Blue Badge was clearly displayed in the vehicle’s windscreen.
My mother-in-law does not own a smartphone or computer and has never registered with the app-based system your parking contractor (PCM) requires for authorising visitor parking. Visitors have parked in that bay without issue for several years, and to our knowledge this is the first time enforcement action has ever taken place.
The PCM operative who issued the charge would have seen the clearly displayed Blue Badge and was therefore fully aware that the vehicle was present for the benefit of a disabled resident. Issuing a PCN in such circumstances demonstrates a complete lack of discretion and a failure to consider the Equality Act implications of their actions.
I am raising this matter formally because:
• Your resident is both elderly and disabled, with protected characteristics under the Equality Act 2010.
• A valid Blue Badge was displayed, making the vehicle’s purpose obvious.
• The current parking system makes no reasonable adjustments for residents like her.
• An app-only process without alternatives amounts to indirect discrimination and places disabled residents at a substantial disadvantage.
• The pursuit of a penalty against a relative assisting her is wholly unjustified and causes distress.
• There is an established custom and practice of using the Visitor Bay in such circumstances, with no previous enforcement.
You, as the managing agent or landowner’s representative, are jointly and severally liable for the actions of your agent, PCM. This includes any breach of the Equality Act 2010. The failure to make reasonable adjustments for disabled residents or to consider their practical access needs amounts to unlawful discrimination.
I therefore require your written confirmation that:
• You have instructed PCM to cancel this parking charge, and
• You will urgently review the enforcement arrangements in place to prevent further breaches of duty towards vulnerable residents.
Should you fail to take appropriate action, we will escalate this matter as a formal complaint and, if necessary, refer it to the Equality and Human Rights Commission (EHRC) or other relevant authorities.
I draw your attention to your duties under the Equality Act 2010, specifically:
• Section 19 – Indirect discrimination, which occurs where a provision, criterion or practice (such as an app-only registration system) puts disabled persons at a particular disadvantage compared to non-disabled persons;
• Section 20 – The duty to make reasonable adjustments to avoid such disadvantage; and
• Schedule 25, paragraph 2(8) – Which confirms that the duty to make reasonable adjustments is an anticipatory duty and applies to property managers, including managing agents.
In Paulley v FirstGroup plc [2017] UKSC 4, the Supreme Court confirmed that service providers must take positive steps to accommodate disabled individuals and that failing to do so can amount to unlawful discrimination. That principle applies equally to managing agents overseeing parking enforcement schemes.
I look forward to your prompt response.
Yours sincerely,