IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.
Parking ticket for parking in disabled bay - should I pay or appeal?
Options
Comments
-
Thank you!
Sorry if I missed it, first timer!0 -
Hello again, just a little update.
Won the appeal, please see below the POPLA response.
Thank you everyone who replied and offered advise!
Decision
Successful
Assessor summary of operator case
The operators case is that the appellant has parked in a disabled bay and has failed to display a blue badge.
Assessor summary of your case
The appellant has provided a document which outlines their grounds for appeal. The grounds are as follows: - A compliant notice to keeper was not served therefore, keeper liability cannot apply. - The operator has failed to prove that the individual who it is pursuing is in fact the driver who is liable for the charge. - No evidence of landowner authority. - The signage at the site is not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself. The appellant has provided photographs of the site along with the PCN received.
Assessor supporting rational for decision
I note that the appellant has raised more than one ground for appeal. However, I will focus my concerns on the landowners authority. The appellant has said that the operator has failed to provide evidence of landowner authority. Section 7 of the British Parking Association Code of Practice sets out to parking operators that if you do not own the land on which you are carrying out parking management, you must have the written authorisation of the land owner (or their appointed agent) In particular, it must say that the landowner (or their appointed agent) requires you to keep to the Code of Practice and that you have the authority to pursue outstanding parking charges.The operator has provided evidence of a contract however, the quality of the image is very poor. The contract is dated June 2013 and I can see that it states for a period no less than twelve months. This does not state that it is a rolling contract. The appellant has parked their vehicle on January 2018. Therefore, I cannot determine if the operator still had permission to operate on this land on the date that the appellant has parked. I am not satisfied that this contract is sufficient and therefore, the BPA Code of Practice has not been met. As such, I will allow this appeal and the other grounds raised do not require any further consideration.0 -
A perfect example of a POPLA appeal, set precisely to win a case. Well done!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Well done, great result. :TAssessor supporting rational for decision
There again, I don't think nail technician training covers basic spelling. I expect there are many lucky, yet unsuspecting, clients who might be grateful the nail technicians didn't train to be tattoo artists! !!!!!!.
John Gallagher - where is your oversight; your management function for which you are paid? Surely you must have spotted this?
Steve Clark (I'm full of respect for your intellectual capacity), for the love of God, get them to sort out this irritating basic distortion of the English language, which, to my mind, relegates them to a level on par with the most bottom-scraping of your knuckle-dragging membership.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
relegates them to a level on par with the most bottom-scraping of your knuckle-dragging membership.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Where do I find the newbie FAQ ?0
-
PercyPenguin wrote: »Where do I find the newbie FAQ ?
For future reference, ensure you use a laptop when navigating this site as it's much easier to navigate such threads.0 -
A simple answer would be preferred - I don't know where to find newbie faqs.
Your aggressive reply is unhelpful.0 -
As pointed out to you in post #28 https://forums.moneysavingexpert.com/showthread.php?t=48168220
-
PercyPenguin wrote: »A simple answer would be preferred - I don't know where to find newbie faqs.
Your aggressive reply is unhelpful.
If you are struggling to understand this simple forum it is unlikely that you would be able to defend a PCN.
Prhaps it would be better if you pay the charge, or seek help elsewhere. It is a certainty that it will be forthcoming here.You never know how far you can go until you go too far.0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608.1K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards