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#Post#: 53168--------------------------------------------------
Lidl parking without disabled badge
DIR By: Endorfin
Date: January 13, 2025, 9:30 am
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29.11.24 Driver parked in Lidl disabled space. Displayed badge
but somehow it had made it's way to the floor (boot was opened
to get bags out while front door was open so possibly the draft)
Received final reminder dated 19.12.24 after Christmas.
No notice to keeper ever received. It's not to say that it
wasn't sent as post is pretty poor around here and the subject
of numerous complaints.
Just checking in with you first to see what my options are
before submitting an appeal.
Many thanks
HTML https://i.imgur.com/2k70ABEl.jpg
HTML https://i.imgur.com/KZOK1apl.jpg
#Post#: 53209--------------------------------------------------
Re: Lidl parking without disabled badge
DIR By: b789
Date: January 13, 2025, 1:58 pm
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Have you tried contacting Lidl to ask them to get the PCN
cancelled? Were you a customer and do you have any receipts for
purchases that day?
Don't try the customer services bods, they are usually clueless.
If the store manager is not forthcoming go to the top of the
management food chain and make a complaint there. Do you think
it is fair that you should be penalised by an unregulated
private parking company by being invoiced for £100 whilst being
a patron of their store?
You can show a copy of your blue badge as evidence of
eligibility to use the accessible bay.
Here is a suggested letter to the store manager or even the Lidl
CEO:
--- Quote ---
> Store Manager
> Lidl [Store Location]
> [Store Address]
> [City, Postcode]
>
> Subject: Formal Complaint Regarding Parking Charge Issued to a
Blue Badge Holder
>
> Dear Store Manager,
>
> I am writing as the registered keeper of a vehicle that was
issued an unjust parking charge notice (PCN) by your appointed
parking management company, UK Parking Control Ltd (UKPC), for
an alleged contravention at your store’s car park on 29th
November 2024. The driver of the vehicle, a regular patron of
Lidl, utilised one of the accessible parking spaces during this
visit.
>
> The driver holds a valid Blue Badge, which was displayed at
the start of the visit. However, upon returning to the vehicle,
it was discovered that the Blue Badge had fallen to the floor.
This may have occurred due to the boot being opened to retrieve
shopping bags, causing a draft through the vehicle while the
front door was open. Despite this unfortunate circumstance, the
driver was fully entitled to use the accessible parking space as
a Blue Badge holder. Enclosed with this letter is a copy of the
Blue Badge for your reference.
>
> I wish to bring to your attention that under the Equality Act
2010, businesses and service providers, including Lidl and its
agents, have a duty to make reasonable adjustments to ensure
that disabled customers are not placed at a disadvantage. The
failure to display a badge does not negate the fact that the
driver is a disabled individual with a lawful right to use
accessible parking spaces. The driver's disability does not
cease to exist simply because a badge temporarily fell out of
view.
>
> UK Parking Control Ltd (UKPC) is an unregulated private
parking company, and their PCN is simply a speculative invoice
for an alleged breach of contract by the driver. However, the
issuance of this charge is an insult to a genuine customer of
Lidl who was entitled to use the space provided.
>
> Additionally, the Notice to Keeper (NtK) issued by UKPC fails
to comply with all the requirements of the Protection of
Freedoms Act 2012 (PoFA). The NtK does not specify a period of
parking, as required by PoFA, but instead only shows a single
moment in time. This fundamental flaw in the NtK renders it
non-compliant and unenforceable against the registered keeper.
The Brennan v Premier Parking appeal case confirmed that a
period of parking must be recorded, and a single timestamp is
insufficient to demonstrate a parking contravention.
>
> Your appointed parking management company has issued a parking
charge of £100 for an alleged breach of terms and conditions.
This charge is both disproportionate and unjustified,
particularly given the context. By allowing such a charge to be
pursued against a disabled patron, Lidl risks being in breach of
its legal obligations under the Equality Act 2010.
>
> As the registered keeper, I respectfully request that Lidl
intervenes with its parking management company to ensure that
this charge is cancelled immediately. Furthermore, I would
appreciate it if you could review your current parking
enforcement practices to prevent similar incidents from
occurring in the future. It is imperative that Lidl ensures its
agents act in accordance with equality legislation and do not
penalise disabled individuals unfairly.
>
> I trust that Lidl values its customers and will take swift
action to resolve this matter. Please confirm receipt of this
letter and provide an update on the steps being taken to cancel
the parking charge.
>
> Yours sincerely,
>
> [Your Name]
>
> Enclosures: Copy of Blue Badge
--- End Quote ---
UKPC have no idea of the drivers identity and their Notice to
Keeper (NtK) is not fully compliant with all the requirements
of PoFA 2012 which means that as long as the driver is not
identified, inadvertently or otherwise, they cannot transfer
liability to the Keeper. There is no legal obligation on the
Keeper to identify the driver to an unregulated private parking
company. So, always appeal as the Keeper and refer to the driver
in the third person.
Here is a suggested appeal (only as the Keeper) to UKPC.
--- Quote ---
> Subject: Appeal Against Parking Charge Notice [PCN Reference
Number]
>
> To Whom It May Concern,
>
> I am writing as the registered keeper of the vehicle
referenced in the above Parking Charge Notice (PCN). I wish to
appeal this charge on the following grounds:
>
> 1. Non-Compliance with the Protection of Freedoms Act 2012
(PoFA)
>
> [indent]The Notice to Keeper (NtK) issued by UK Parking
Control Ltd (UKPC) fails to comply with the requirements of PoFA
to hold the registered keeper liable. Specifically, the NtK does
not specify a period of parking, only a single moment in time.
This is a fundamental requirement under Schedule 4 of PoFA,
which clearly states that a period of parking must be
identified. Without this, the NtK is non-compliant, and
liability cannot be transferred to the registered keeper.
>
> The importance of specifying a period of parking is supported
by persuasive appeals case law. In Brennan v Premier Parking
Logistics (2023), it was confirmed that a single timestamp does
not constitute a period of parking and is insufficient to
demonstrate a contravention. The court in that case ruled that a
lack of a specified period rendered the NtK non-compliant with
PoFA.[/indent]
>
> 2. Inadequate and Non-Compliant Signage
>
> [indent]The signage at the location fails to comply with the
standards set out in the BPA/IPC Private Parking Single Code of
Practice (PPSCoP). The terms and conditions, including the
parking charge amount, must be clearly visible and legible to
drivers before they park. However, at this location, the signage
is unclear, with important terms hidden in small print that
would not be easily noticed by drivers.
>
> In ParkingEye Ltd v Beavis (2015) UKSC 67, the Supreme Court
highlighted the importance of prominent signage to establish a
contractual agreement. In this case, the court ruled that clear
and prominent signage was essential to forming a contract with a
driver. The failure of UKPC's signage to meet these standards
means that no contract could have been formed, and the parking
charge is unenforceable.
>
> Additionally, the failure to adequately bring the charge
amount to the driver’s attention is a breach of Schedule 4 of
PoFA and the PPSCoP. The charge must be prominently displayed to
avoid allegations of entrapment or unfair practices. The BPA
Code of Practice also requires that parking charges must not be
hidden in terms and conditions but should be clearly brought to
the attention of drivers. The signage at this location falls far
short of these requirements.[/indent]
>
> 3. Equality Act 2010 – Discrimination Against a Disabled
Driver
>
> The driver of the vehicle at the time of the alleged
contravention is a Blue Badge holder and fully entitled to use
the accessible parking space. The Blue Badge was displayed
during the visit but was later found to have fallen to the
floor. Under the Equality Act 2010, service providers have a
duty to make reasonable adjustments for disabled individuals to
ensure they are not placed at a disadvantage.
>
> Penalising a disabled customer for circumstances beyond their
control, such as a badge falling to the floor, is both
unreasonable and discriminatory.[/indent]
>
> 4. Misapplication of Keeper Liability and Driver Assumptions
>
> [indent]The registered keeper cannot be presumed or inferred
to have been the driver. In VCS v Edward (2023), the court
reinforced that there is no presumption in law that the
registered keeper is the driver. Parking operators must provide
evidence of the driver’s identity to pursue a claim against
them. Without such evidence, the claim must fail.
>
> This case is relevant because in VCS v Edward, the judge made
it clear that operators cannot simply assume the keeper was the
driver and must prove who was driving at the time of the alleged
contravention.[/indent]
>
> 5. No Realistic Prospect of Success at POPLA
>
> [indent]Given the numerous failings outlined above, it is
clear that UKPC has no realistic prospect of defending this
charge at POPLA. The NtK is non-compliant with PoFA, the signage
does not meet the required standards, and the circumstances of
the alleged contravention are covered under the Equality Act
2010.
>
> UKPC is urged to save us both a complete waste of time and
cancel the PCN immediately. Pursuing this charge further would
be unreasonable and may be viewed as harassment, given the lack
of a legal basis to enforce it.[/indent]
>
> Please confirm receipt of this appeal and advise of the
outcome within the stipulated deadlines.
>
> Yours faithfully,
>
> [Your Name]
> Registered Keeper
--- End Quote ---
#Post#: 53643--------------------------------------------------
Re: Lidl parking without disabled badge
DIR By: Endorfin
Date: January 16, 2025, 8:33 am
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Thank you for your reply. I don't seem to be receiving
notifications so have only just seen it.
I've now received a notice of debt recovery from UKPC. Does this
change things?
Does this mean the appeal time allowed has expired?
HTML https://i.imgur.com/YjYnzYXl.jpg
HTML https://i.imgur.com/n7DlKC1l.jpg
#Post#: 53646--------------------------------------------------
Re: Lidl parking without disabled badge
DIR By: Endorfin
Date: January 16, 2025, 8:51 am
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[member=26]b789[/member]
Just to reiterate, in case my response appeared short, I very
much appreciate you taking the time and trouble to draft up
those responses for me.
I will be attempting to get in touch with Lidl first, I'm not
sure whether the fact they've sent notice of debt recovery
changes things now though and going by the letter, the option to
appeal has passed.
#Post#: 53649--------------------------------------------------
Re: Lidl parking without disabled badge
DIR By: mickR
Date: January 16, 2025, 9:05 am
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don't worry about the debt recovery scary letter.
contact lidl as suggested but include the fact their customers
are receiving debt collectors letters.
#Post#: 53662--------------------------------------------------
Re: Lidl parking without disabled badge
DIR By: b789
Date: January 16, 2025, 10:10 am
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You can safely ignore any and all debt recovery letters. Use
them as kindling or to line the bottom of a litter tray.
Keep on at Lidl to get this cancelled. If they don't, then we
will cross that bridge when we come to it.
No one pays a penny to UKPC if they are here receiving and
following the advice.
#Post#: 53664--------------------------------------------------
Re: Lidl parking without disabled badge
DIR By: Endorfin
Date: January 16, 2025, 10:16 am
---------------------------------------------------------
So I tried to get in touch with Lidl, to get a direct number for
the store. No such thing these days it seems.
I explained the situation to them and they said that that car
park was a private car park and I had to appeal to them. I said
that the letter said I no longer had the right to appeal but
they insisted that I did.
I went to UKPC's website and attempted to appeal and got the
following message:
"This Parking Charge Notice is currently not eligible for
appeal, due to the following reason:
Unfortunately we are unable to accept this Appeal as the Parking
Charge Reference number has now been referred to our Debt
Recovery Team."
What can I do now?
It all feels very quick considering I never received a NtK and
the first I heard was the final reminder received after
Christmas so not even 3 weeks (we had a death in the family in
the new year and still awaiting coroner's report so focus has
been elsewhere)
#Post#: 53669--------------------------------------------------
Re: Lidl parking without disabled badge
DIR By: b789
Date: January 16, 2025, 10:38 am
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It's no use phoning the store. You don't know who you are
speaking with and anything they say they will or won't do is not
worth the paper it isn't written on!
It took me all of 10 seconds to find an email address for Ryan
McDonell, the CEO of Lidl GB. Send him an email with your
complaint about how unfair this is and if he expects his
valuable customers to go shop at his competitors stores because
of their choice of unregulated private parking company to issue
unfair invoices to genuine Lidl customers. You get the drift.
You can show us what you intend to write before you actually
send it.
#Post#: 53695--------------------------------------------------
Re: Lidl parking without disabled badge
DIR By: The Slithy Tove
Date: January 16, 2025, 12:10 pm
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--- Quote from: Endorfin link ---
>
> So I tried to get in touch with Lidl, to get a direct number
for the store. No such thing these days it seems.
>
> I explained the situation to them and they said that that car
park was a private car park and I had to appeal to them.
>
--- End Quote ---
Phoning them does not in any way get the detail of b789's
response in front of the correct person. It needs to be done in
writing by emailing the relevant person/people.
#Post#: 53706--------------------------------------------------
Re: Lidl parking without disabled badge
DIR By: ixxy
Date: January 16, 2025, 12:50 pm
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--- Quote ---
> their choice of unregulated private parking company to issue
unfair invoices to genuine Lidl customers.
--- End Quote ---
I don't think you will get anywhere with Lidl on this occasion,
that's not a Lidl car park, they are just one small tenant on a
big retail park. If you want the PCN cancelling you need to find
out who contracted with UKPC, probably the landlord of Solartron
Retail Park which is the location on the PCN.
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