Disabled driver - can I fight a parking ticket?

Last October I parked at High Barnet London Tube station, like I always do, when I take my disabled son into great Ormond Street Hospital. The car park has only six disabled bays and if I am not lucky to get a disabled bay I park in a bay clearly displaying my son’s badge.

On this occasion we were issues with a ticket. I logged into and even saw the photos of my disabled son’s blue badge clearly displayed and I appealed, only to be told they did not care about a disabled ticket and I had to pay because I was not in a disabled bay.

The car park operator have issued me with a final reminder and have also sent my details to a debt recovery agent for the recovery of a fine. I am a single mum who is carer to her son with neuro disabilities and I struggle to think why are disabled people always treated so badly! I even get it with the local council and everywhere! The car park operator tell me it is private land and they can do what they like. Can you help?

Asked on 13 May 2014 by Janimoo

Answered by Honest John
If the car park operator say it is private land and the matter has been to POPLA, then they cannot recover a parking charge from you without a court order and for that there has to be a small claims track case and you have to be invited to attend. However, legally, under the onerous terms of the Protection of Freedoms Act 2012 Clause 56, you in the wrong because this Act gave the right to private parking enforcers to exploit people like you in this way.

Unless we can collectively get the law changed (and I did try to prevent this clause of the Act ever being passed) and unless you can get Barnet Council to provide more disabled parking spaces, both you and your disabled son will continue to be disadvantaged. Law here: www.honestjohn.co.uk/faq/private-parking-penalties/
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