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Premier Park - next step?

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  • Ok there is my car, parked in disabled bay with blue badge. There is a yellow envelope on my drivers door??? There is a photo of the ticket machine which says disabled charges but it is nowhere near where I parked and there is nothing at the disabled bays only there marking on the road showing its a disabled bay.
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
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    This will not go away by you ignoring it. Doing so will likely make it worse. You can kill it at POPLA - and then it will go away, then you can forget it and get on with the rest of your life without this hanging over you.

    But bury your head in the sand and miss out on an appeal to POPLA will mean this will be there to bug and harass you for the next 6 years (they have that time available to them to pursue you through the county court). That won't help your recovery.
    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 Street
  • Fruitcake
    Fruitcake Posts: 58,225 Forumite
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    If you can get your own pic it would help, but is not essential.

    You should now look at post 3 of the NEWBUES thread and pick out all the relevant template appeal points you can find. Build them all into an appeal and post it here for the experts to look at before you send it.
    Your appeal points should include at least, not the landowner, no standing to bring charges in their own name, inadequate signage, non POFA compliant NTK, plus any other relevant points you can find.
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  • I cant get my own pic; I was on holiday and live 400 miles away from the location. What's a non POFA compliant NTK? I know I need to answer this, and I know you are right Umkomaas, I just wanted to let you know how vulnerable I feel and grateful for your help.
  • Umkomaas
    Umkomaas Posts: 41,336 Forumite
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    positiveR wrote: »
    I cant get my own pic; I was on holiday and live 400 miles away from the location.
    400 miles away from anywhere in the U.K. brings Scotland into play. You don't by chance live north of the border?
    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 Street
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
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    Have you got the Post Code or address of the street/park in question so we can Google Earth to see what signs are there.

    We may be able to see the entrance signs but it looks from your posts that you have used a disbled bay with your BB but not paid for parking in a car park where there are no concessions for BB. Correct?

    If that is right, you are bang to rights - the PPCs rights , of course!

    So, you have to find mistakes that they have made in processing their claim. Normally, these fall into 2 areas (there are others) - signage and failure to use strict POFA paperwork/timescales.

    If you don't have the first, then it makes it more difficult but not impossible.

    And, of course, Umkomaas point is also very important so please answer it.
  • No, it was South Cornwall, I live in North Wales (so 360 miles to be precise).

    Yes it seems the disabled bays require a blue badge but still payment BUT, at the actual bays there is no notice of this (as there photos show); the only notice is at the ticket machine which I didnt go to as I didnt realise I couldn't just park and display.
  • As an aside(?), on the day in question I was (without getting to gory and personal) needing to park and get to a toilet ASAP. I saw this car park then shot over to the pub opposite to use their loo (but of course now, two months later, I cant prove that)
  • Coupon-mad
    Coupon-mad Posts: 131,448 Forumite
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    positiveR wrote: »
    No, it was South Cornwall, I live in North Wales (so 360 miles to be precise).

    Yes it seems the disabled bays require a blue badge but still payment BUT, at the actual bays there is no notice of this (as there photos show); the only notice is at the ticket machine which I didnt go to as I didn't realise I couldn't just park and display.

    Right - that is relevant - when you look at the signage requirements for disabled bays as set out in the BPA Code of Practice you will see that (I think) it still says that full terms must be within sight of the disabled bays so that a driver can learn of the terms without getting out of the car. Something like that.

    Your reason for parking and rushing over the road is not relevant at all to a POPLA appeal.
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  • Thank you, will draft my POPLA response then pop it on here for you to give it a once-over if that's ok?
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