ParkingEye and Blue Badge

Coupon-mad · 10 October 2016 at 6:34PM

Sounds like you are panicking about the standard 'Reminder' that everyone gets. No worries. It is not a reply to your appeal and does not mean you will not get a rejection letter and POPLA code, because you will. So sit tight and come back here at POPLA stage.

Do not send that same appeal as it is out of date (mentions 'GPEOL' which is hopeless) and would lose at POPLA. At Aire Street the signage is woeful, the evidence packs normally include photos of old signs no longer there and in addition, the ownership has changed...it will be interesting if PE will be able to supply to POPLA, proof of landowner authority.

You might also be able to argue insufficient grace periods (as well as broken machines/frustration of contract).

So, wait. Come back at POPLA stage or to tell us if they cancel.

Can you tell us how many minutes were shown between arrival and the P&D ticket time, AND how many minutes were shown on the PCN between expiry of paid-for time, and driving out?

marganne · 10 October 2016 at 6:52PM

Unfortunately I no longer have the P&D ticket as when I left the car park the ticket was still valid. The wording on the parkingeye charge does not show any times so can be presumed that they do not know as to whether I purchased a ticket or not, just the time I entered and time I left.

Coupon-mad · 10 October 2016 at 8:15PM

No, they DO know. They just have not stated it. Annoyingly they will not show you what the driver paid until POPLA evidence pack stage.

when I left the car park the ticket was still valid.

Good, that supports your POPLA argument later on, that not enough grace period was given at the outset (NOT saying who was driving). You will also be able to add a quote from the BPA Code of Practice (Google it now and look at the latest version, 2015) that operators must allow MORE TIME for disabled people to access things like P&D machines! Look it up. You will be using that as well as lots more. We will help.

Also, see this decision about Aire Street which you can use in your POPLA appeal as compelling evidence that if it is confusing for an able-bodied person who took 15 minutes before paying (and won their POPLA Appeal on Grace Periods) then it is indisputable that a disabled person needs at least as long, if not longer, to find out the terms and then pay what appeared to be correct (and indeed the driver left before expiry of paid-for time so the only difficulty was on arrival and perfectly reasonable under the circumstances).

http://forums.moneysavingexpert.com/showthread.php?p=70455570#post70455570

no case number but Aire Street decision on a 15 minute grace period at the start, 6.4.16 - POPLA Assessor: Victoria Thackeray.

Had to go for change as machine does not take cards, notes nor give change!

This will NOT be in your POPLA appeal. Nope. Not even in a Council PCN appeal do you ever say you went for change...you are not allowed that time and are expected to get it first. So don't mention it.

HTH

Fruitcake · 11 October 2016 at 9:41AM

It is not a good idea to put information on here that could identify you such as the PCN number and VRN.

Parking companies read these fora to identify people, so it may already be too late, but you should delete the information anyway.

marganne · 13 October 2016 at 1:55PM

Does the fact that the parking sign states " Blue Badge holders only in marked bays-tariffs apply"
still mean that because it is on private land they do not have to acknowledge disabled parking?

Coupon-mad · 13 October 2016 at 2:26PM

It won't affect your appeal, if that's what you mean.

But disabled people are allowed more of a grace period and you need to quote the BPA Code of Practice on that point (Google it).

marganne · 13 October 2016 at 2:48PM

Thank you, yes I read the BPA code of practice...What I meant was the fact that the sign said about disabled spaces but they were none there to use.

Coupon-mad · 13 October 2016 at 6:15PM

Well to meet the Equality Act 2010 a car park should offer a small % of disabled bays, yes.

marganne · 19 October 2016 at 9:50AM

I have received my POPLA ref number, along with ParkingEye's rejection of my appeal to them. What do I do now with regards to initiating an appeal with POPLA.

Many thanks
marganne

Coupon-mad · 19 October 2016 at 1:09PM

Post your draft POPLA appeal here for comments.

So - what to write in that POPLA appeal?

There are template POPLA appeal points that I and some other posters contributed to, posted in September in 'POPLA Decisions' which is the top thread of the forum board. Read from the end and go back to September to find my posts with the long appeal wording to use, for 4 or 5 strong points of appeal open to you.

You can copy most of them verbatim, into one deliberately VERY long POPLA appeal, which you will then be saving as a PDF and attaching under 'OTHER' on the POPLA website (not trying to write a short appeal to fit in the woefully inadequate 2000-character appeal box).

Show us the resulting draft first.

Easier than it sounds, as you are just copying from the templates.

No link given; at the time of writing this, it's the penultimate page of this board's top thread so hop to the end of that thread and go back to the September posts there; the POPLA appeal templates are clearly marked.

ParkingEye and Blue Badge

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