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disabled parking bay

Hi I have received a parking charge notice from a private parking company for parking in a disabled space without displaying a valid disabled persons badge. The space parked in was no different to other spaces other than it had yellow lines instead of white. There were no chevrons painted along the sides. There was no wheelchair symbol painted in the space and no signs beside the space to say a blue badge had to be displayed. Is it worth appealing, the company is a member of IPC. On their terms and conditions board it states"marked disabled bays are for valid disabled blue badge holders only" Thank you for any help
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  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 9 September 2017 at 9:47AM
    Everyone is politely asked to read the newbies FAQ thread near the top of the forum before starting a new thread.

    (All your questions should be covered by the FAQ)
  • beamerguy
    beamerguy Posts: 17,587
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    Hi I have received a parking charge notice from a private parking company for parking in a disabled space without displaying a valid disabled persons badge. The space parked in was no different to other spaces other than it had yellow lines instead of white. There were no chevrons painted along the sides. There was no wheelchair symbol painted in the space and no signs beside the space to say a blue badge had to be displayed. Is it worth appealing, the company is a member of IPC. On their terms and conditions board it states"marked disabled bays are for valid disabled blue badge holders only" Thank you for any help

    I have seen this before, normally next to disabled marked bays.
    Disabled spaces must be clearly marked on the tarmac and a
    sign stating disabled parking only clearly shown.

    Go and take pictures of the space

    Who is the parking company ?
  • Hi

    Thanks for your replies

    I have read the FAQ's but couldn't find anything about what signified a disabled space, therefore I wasn't sure if I could appeal.

    The parking company are Excel Parking. Their own pictures show that there are no disabled signs on the space and their picture of blue badge holders only is not beside the space where the car was.
  • Umkomaas
    Umkomaas Posts: 41,199
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    I have read the FAQ's but couldn't find anything about what signified a disabled space, therefore I wasn't sure if I could appeal.
    You're not looking for 'what signified a disabled space'. You're dealing with an unregulated sector where virtually anything (that can make it money) goes.

    The newbies sticky tells you how to appeal (with a ready made template for you to use). Get that off to start with.

    While we don't recommend appealing to the IPC's second stage appeal service - the IAS, however, if you can get some really good photographs of the disabled bays, including the one in your case in addition to where the signs are absent against them, then a subsequent appeal to the IAS might be just a goer. Others might comment on this possibility too.
    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
  • Thank you for your help.

    I shall send in my appeal, I have also e-mailed the DVLA as the notice on the car was dated 26/08/2017 and I received the notice to keeper on 06/09/2017 which means the parking company did not wait 28 days before asking for keeper details. Should I mention this in the appeal?
  • Coupon-mad
    Coupon-mad Posts: 130,105
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    edited 9 September 2017 at 10:33PM
    No the 14 days is irrelevant, if there was no windscreen PCN, or a fake one 'not a PCN'.
    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 THREAD
  • Umkomaas
    Umkomaas Posts: 41,199
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    edited 9 September 2017 at 11:47AM
    Thank you for your help.

    I shall send in my appeal, I have also e-mailed the DVLA as the notice on the car was dated 26/08/2017 and I received the notice to keeper on 06/09/2017 which means the parking company did not wait 28 days before asking for keeper details. Should I mention this in the appeal?

    Read this thread which discusses the new(ish) modus op of Excel and a few other IPC operators. I'm afraid the DVLA are sticking their fingers in their ears on this one hoping it might all blow over. Don't expect anything from them other than the reply DollyPeach got.

    Get in touch with your Trading Standards to see if they will take this up - but, again, don't hold your breath.

    http://forums.moneysavingexpert.com/showthread.php?t=5694379
    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
  • Thanks again for taking the time to help me. I am going to put the appeal template on the parking companies website, do I then put my reasons for not paying (bay not marked as disabled etc) at the end of the template letter?
  • Snakes_Belly
    Snakes_Belly Posts: 3,696
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    edited 10 September 2017 at 3:44AM
    I think that you need to go back and look at the car park and take photo's from various angles. I am having an issue with Excel. Not the same as yours but on a shared car park where the Excel spaces are marked in yellow and the other operator's are marked in white. Your car park could be shared so it's worth going back and taking some photo's. I will also point out that Excel are not that up to speed on their car parks and in my case they were incorrect about the signage of the car park.

    Nolite te bast--des carborundorum.
  • Umkomaas
    Umkomaas Posts: 41,199
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    edited 9 September 2017 at 4:44PM
    Thanks again for taking the time to help me. I am going to put the appeal template on the parking companies website, do I then put my reasons for not paying (bay not marked as disabled etc) at the end of the template letter?

    It won't change the result of your initial appeal, so save your breath. Just use the template as is, then there's no risk of inadvertently identifying the driver.

    If you are to use the evidence then it will be to the IAS, if we feel you might have a slight chance there. Later ......
    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
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