Details on Parking Charge Notice

Coupon-mad · 14 October 2016 at 5:04PM

My question would be - where are the signs at the Disabled Bays themselves that create any obligation or contract specific to those bays - showing all terms including the tariffs and the potential charge of £100, as required in the BPA Code of Practice?

cyclonebri1 · 14 October 2016 at 5:41PM

Coupon-mad wrote: »

My question would be - where are the signs at the Disabled Bays themselves that create any obligation or contract specific to those bays - showing all terms including the tariffs and the potential charge of £100, as required in the BPA Code of Practice?

And added to that given that these are dedicated disabled parking that blue badge holders must park in, why is the nearest machine 75 yds away, ie beyond someone who qualifies for a blue badge's walking range?

Ralph-y · 14 October 2016 at 6:19PM

have you been back to Lidl to complain?

ask for the manager no one else ....

do you still have receipts?

do you shop there regularly ?

Ralph:cool:

AnnieO1234 · 14 October 2016 at 6:44PM

If this is where i think it is, a minutes walk from the market place and Wilkos then it has been P&D for at least a year including for blue badge holders, I don't recall it being an anpr/reg number job. It used to be £1 and you get the money back with purchase. Not been there in a couple of months however.

AnnieO1234 · 14 October 2016 at 6:51PM

Came in in May apparently. Lots of people complaining meters are often out of order since then on Facebook xxx

cyclonebri1 · 15 October 2016 at 8:03AM

AnnieO1234 wrote: »

If this is where i think it is, a minutes walk from the market place and Wilkos then it has been P&D for at least a year including for blue badge holders, I don't recall it being an anpr/reg number job. It used to be £1 and you get the money back with purchase. Not been there in a couple of months however.

You are absolutely bang on, I only go about 3 times per year, normally to Farmfoods for freezer stuff, don't thing I've been since May.

I went in Lidl as Farmfoods and several other shops on that site have moved, related I wonder?

cyclonebri1 · 15 October 2016 at 8:08AM

Ralph-y wrote: »

have you been back to Lidl to complain?

ask for the manager no one else ....

do you still have receipts?

do you shop there regularly ?

Ralph:cool:

Went in yesterday, managers day off and other staff were all on checkout with good sized queues so will try later, didn't park on site.

Not got shop receipt but bank payment to Lidl shows for that date on statement.

Reading the sign from a couple of feet away I was still unsure if it applied the blue badge holders in marked disabled bays?, it's in 1 of the pictures

Anyway I gave the option of having displayed a blue on the car as this was the case, don't know if that would have been enough but this is the body of the grounds I sent, with just enough changes so as not to be a direct copy;

Date 15/10/16

Dear Sirs

Re: PCN No. ...***************.................

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled.!I have receipts from 2 shops dated the day of this alleged matter

I believe that your signs fail the test of 'large lettering' and prominence, as established in!ParkingEye Ltd v Beavis.!Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park. Indeed they are even less visible from the disabled bay in which my car was parked on the day in question. This bay is pictured below and in the distance the nearest machine to what is a bay for people with mobility issues is around 60 yards away. This is unreasonable and is outside of the range a disabled person could reasonably be expected to walk, why is no machine positioned adjacent to this disabled bay? I include a photograph of my blue badge as you suggested.

I visited this site after great difficulty determining exactly where the pictures on the charge notice were taken, your reference to the "******* Centre" had to be googled as you failed to give even a remote location, not even which county they were taken in.
This is totally unacceptable as even the pictures give no clue as to where they were taken.

When I did visit the car park in question excepting the sign at the entrance all signs were at an oblique angle to the road through the car park and when viewed from my parked position. This position would have been the same one as used on the (99/9/16 as it is the only one adjacent to ****.
Now, the entrance to the car park is on an exceptionally busy main road, eyes must be kept on the road not on signage within the park. Also, you will see a picture taken from the position my car was as shown in your pictures. As you can see the driver would have been looking directly into very low winter sun which totally obscures visibility other than straight ahead.

In addition to this when reading the sign that details disabled parking it still remains unclear if a charge is due, you simply state blue badges must be used in marked disabled bays.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully, ********* ********

PS some of the pictures may not have loaded as it submission bounce so sending again with just blue badge image, further images will be sent on request

Appeal evidence has bounced a second time as .JPG images are not allowed, I don't understand this so will now try to scan the badge.

Wait and see time, thanks for all the help guys, :T:T:T:T:beer:

cyclonebri1 · 15 October 2016 at 4:15PM

sent this later as my memory fails under stress;

Dear HP in follow on from my details to you today, 15/010/16

Your appeals process excludes photographs taken on a normal camera and recorded to PC. A senior citizen such as myself cannot be expected to convert .jpg images (clueless), to another format. That is discrimination under the Disability Discrimination Act 2005

So it follows that the failure to ensure ticket machines are placed in a position that disabled people can actually use them without risk to health and welfare is , the point that the act was brought into protect, is also an infringement of the act

Add to this that your site does not include any opportunity to review before posting, the information I painstakingly supplied to you, may not have been presented as intended.

Therefore please present this added detail to the above appeal

Fruitcake · 15 October 2016 at 4:47PM

Disability Discrimination Act 2005 has been replaced by the Equality Act 2010.

cyclonebri1 · 16 October 2016 at 7:40AM

Fruitcake wrote: »

Disability Discrimination Act 2005 has been replaced by the Equality Act 2010.

Then I'm as technically incorrect as they are

;);)

There was one other thing that I noticed in their charge letter. Nowhere in the document does it refer to the invoice as a PCN or Parking Charge Notice, it simply calls it a Charge Notice and the document No is "Charge Notice Ref No ................", that in itself seems flawed?

They sent me a confirmation email showing the details of my appeal, said they were experiencing exceptionally high email traffic at present, so please don't send emails whilst appeal is being considred (I wonder why). Bug?er that.

So sent them a correction thanks to the above poster, infact I have sent them several, and plan more over the next few days as asking me not to contact them is an open invitation that I can't resist, to quote;

Hello Highview, I have to address you further re this matter.
Unfortunately I said your system breached the Disability Discrimination Act 2005, I now realise this was superseded by the Equality Act 2010, my apologies..

It has also been brought to my attention that although you refer to a "PCN number" in your reply, the abbreviation "PCN" does not appear on the demand you sent me. Neither does the phrase Parking Charge Notice, you originally referred to it simply as a charge notice. Only after I appealed did you add the word "parking" into your communication with me. You truly do fall far short of your obligations under POFA 2012 and I must again contest this.

The registered keeper

Details on Parking Charge Notice

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