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Parking Charges

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lady-janine | 19:07 Tue 29th Nov 2022 | Law
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I have just received a letter telling me that I owe a parking charge. This was for parking in a car park using my Blue Badge. I have used before my Blue Badge in this car park before but am now threatened with a £100 fine by Civil Enforcement. How can I fight this? Does anyone know? Advice please.
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There is no legal requirement to provide x amount of disabled parking spaces in a public car park under the Equality Act 2010. Government guidelines recommend that 6% of available parking spaces are designated as disabled bays and it is relatively easy to check using websites such as Parkopedia which tell you how many parking spaces each car park has. It...
10:02 Wed 30th Nov 2022
Is it a private car park or a council controlled one?
go back and check. In my local cp you an park for free with a blue badge BUT you must be in a disabled space
first, I suppose, did you park there at the time in question?
A lot of private car parks you still have to pay they only provide a wider space (disabled )
If you are on Facebook checkout …fight your private parking invoice…lots of help on there.
Some car parks will also state you need to get a ticket ( although do not charge for it) and display your blue badge
Question Author
I think it is a council one. I could not park in a disabled place as all those spaces have been taken up by an adjoining pub who have put wooden benches and tables over them and a fence with flower troughs round them. There is a notice on all the tables saying they may only be used by customers of the pub but nothing to say where disabled people are supposed to park now.
surely there is a phone number in the letter...?

How are you, by the way....?
a careful write-up of that you have told us - can you get any photos - would help build your argument....
Question Author
I'm fine thanks DT. I hope you are as well.
I haven't actually got the letter as it was sent to daughter whose car we were using. She has exams tomorrow and the following day but rang to let me know of letter she had received. She will bring it round after her exams and I will have more info then.
I think it is a council car park.
Question Author
Falmouth by the way.
Worth visitting to check out the sign's or notices on the paypoints
Question Author
Thank you. I'll let you know how I get on.
Where we live in Devon Blue Badge or not everyone has to pay to park. It's just that disabled bays are a bit bigger. Best to check if you do need to pay in that car park. You may have parked there before and warden didn't come around in the time you were there so no ticket that time.
Usually there is a time period specified in which the blue badge holder is exempt from paying parking fees.

I know this from my ad hoc work with ageUK and driving their mini buses.

Normally it is 3 hours.

Perhaps you were you in breach of this?
If you go there regularly I would definitely query the rights and wrongs of the pub tables taking over the marked disabled spaces.
In your appeal I would point out that they were in breach of the law if they failed to provide sufficient disabled parking bays. Personally I would refuse to pay on those grounds, and say I would see them in court. They wouldn't go to court in such circumstances.

That is assuming though, that you weren't in breach in another way, such as failing to pay if blue badge holders are required to pay.
HOPKIRK, if you're suggesting saying there's been a breach of legislation, would it not be helpful if you could quote that legislation?
There is no legal requirement to provide x amount of disabled parking spaces in a public car park under the Equality Act 2010. Government guidelines recommend that 6% of available parking spaces are designated as disabled bays and it is relatively easy to check using websites such as Parkopedia which tell you how many parking spaces each car park has. It doesn't specify the amount of disabled parking spaces but as these are usually in one area it is not difficult to count them https://en.parkopedia.co.uk/parking/carpark/well_lane/tr11/falmouth/?arriving=202211300930&leaving=202211301130
BARRY, that was also my thinking. It's all well and good claiming legislation has been broken and threatening court action but not including the relevant legislation is hardly evidence of serious intent.
Which car park were you parked in?

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