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  • FIRST POST
    • Blue1234
    • By Blue1234 14th Mar 17, 3:31 PM
    • 4Posts
    • 0Thanks
    Blue1234
    Issued a Notice to Keeper - Disabled Badge Displayed
    • #1
    • 14th Mar 17, 3:31 PM
    Issued a Notice to Keeper - Disabled Badge Displayed 14th Mar 17 at 3:31 PM
    Hi All,

    I'm new to the forum. I've been browsing the threads regarding "fixed charge notices" from private parking enforcement agencies and was looking for advice.

    The driver parked in a residential car park - they were transporting a friend who is disabled and holds a blue badge. The car park has disabled bays but at the time of trying to find parking these were all in use. After a lengthy wait the driver decided to snap up a regular bay close to the block entrance door when it suddenly became available as it was clear they weren't going to get a disabled bay and the driver's friend cannot walk very far - the demand for parking in this particular car park is unreal as the spaces offered vs the residents living there is totally out of sync. Nevertheless, the driver displayed the badge on the dashboard in the hopes that the warden would exercise discretion but that was not the case as the keeper received a notice to keeper.

    Is there grounds to appeal this?

    Any advice would be greatly appreciated.
    Last edited by Blue1234; 15-03-2017 at 10:15 AM.
Page 1
    • Fruitcake
    • By Fruitcake 14th Mar 17, 3:52 PM
    • 38,144 Posts
    • 76,282 Thanks
    Fruitcake
    • #2
    • 14th Mar 17, 3:52 PM
    • #2
    • 14th Mar 17, 3:52 PM
    The blue badge scheme does not apply on private land, but the Equality Act 2010 does.

    We will need the name of the parking company in order to help you.

    Please start by reading the Sticky thread for NEWBIES then send the relevant template appeal letter depending on the company and which trade association they belong to.

    If your friend is a resident, what does their lease say about parking? This will supercede anything the parking scammers say.
    I married my cousin. I had to...
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    • Guys Dad
    • By Guys Dad 14th Mar 17, 3:57 PM
    • 9,804 Posts
    • 8,744 Thanks
    Guys Dad
    • #3
    • 14th Mar 17, 3:57 PM
    • #3
    • 14th Mar 17, 3:57 PM
    If there are disabled bays, then there are probably some words that explain the t&c of their use. Accepting that you were not in one, nevertheless, what does the signage state re diabled parking?
    • Blue1234
    • By Blue1234 15th Mar 17, 11:17 AM
    • 4 Posts
    • 0 Thanks
    Blue1234
    • #4
    • 15th Mar 17, 11:17 AM
    • #4
    • 15th Mar 17, 11:17 AM
    The blue badge scheme does not apply on private land, but the Equality Act 2010 does.

    We will need the name of the parking company in order to help you.

    Please start by reading the Sticky thread for NEWBIES then send the relevant template appeal letter depending on the company and which trade association they belong to.

    If your friend is a resident, what does their lease say about parking? This will supercede anything the parking scammers say.
    Originally posted by Fruitcake
    Hi,

    The parking firm is Napier Parking, IPC association.

    The driver's friend is not a resident.
    • Blue1234
    • By Blue1234 15th Mar 17, 11:22 AM
    • 4 Posts
    • 0 Thanks
    Blue1234
    • #5
    • 15th Mar 17, 11:22 AM
    • #5
    • 15th Mar 17, 11:22 AM
    If there are disabled bays, then there are probably some words that explain the t&c of their use. Accepting that you were not in one, nevertheless, what does the signage state re diabled parking?
    Originally posted by Guys Dad
    It was an honest assumption made by the driver and drivers friend that the blue badge scheme would still apply. The signage was not checked. I have been searching online for Napier's parking t&c's or anything that would explain this, however, Napier's website is anything but informative regarding disabled parking so not having the best of luck. The location in question is not nearby either but will have to find some way of reviewing this.
    • Blue1234
    • By Blue1234 15th Mar 17, 11:25 AM
    • 4 Posts
    • 0 Thanks
    Blue1234
    • #6
    • 15th Mar 17, 11:25 AM
    • #6
    • 15th Mar 17, 11:25 AM
    I've now been reading the newbies thread regarding template letters, appeals etc. Please correct me if I am wrong but it would appear that my appeal will be rejected using the template letter provided for IPC operators. The IAS appeals service is also biased. So the next step would be receiving scaremongering letters etc. and then court proceedings?

    At present I have evidence to suggest that Napier do not own the land. Could I try my hand at writing to the land owner?
    • Coupon-mad
    • By Coupon-mad 15th Mar 17, 11:29 AM
    • 44,143 Posts
    • 56,880 Thanks
    Coupon-mad
    • #7
    • 15th Mar 17, 11:29 AM
    • #7
    • 15th Mar 17, 11:29 AM
    It was an honest assumption made by the driver and drivers friend that the blue badge scheme would still apply. The signage was not checked. I have been searching online for Napier's parking t&c's or anything that would explain this, however, Napier's website is anything but informative regarding disabled parking so not having the best of luck. The location in question is not nearby either but will have to find some way of reviewing this.
    Originally posted by Blue1234
    Really?

    If you Google Napier and the name of the car park you get the entire 3000 word t&cs from their webpages, for ALL their sites. Having said that the wording cannot possibly be read at the entrance, 3000 words is impossible to take in when standing there, let alone when in a driver's seat!

    With Napier, I would advise NOT using a template. You could also contact the landowner and point out this is discriminatory not to allow assisted alighting (which is not parking - helping a disabled person indoors is not 'parked').

    I would write what happened, because Napier are 'different' and might cancel a PCN when they see this:

    The driver parked in a residential car park - they were transporting a friend who is disabled and holds a blue badge. The car park has disabled bays but at the time of trying to find parking these were all in use. After a lengthy wait the driver decided to snap up a regular bay close to the block entrance door when it suddenly became available as it was clear they weren't going to get a disabled bay and the driver's friend cannot walk very far - the demand for parking in this particular car park is unreal as the spaces offered vs the residents living there is totally out of sync. Nevertheless, the driver displayed the badge on the dashboard in the hopes that the warden would exercise discretion but that was not the case as the keeper received a notice to keeper.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Umkomaas
    • By Umkomaas 15th Mar 17, 11:38 AM
    • 11,802 Posts
    • 17,983 Thanks
    Umkomaas
    • #8
    • 15th Mar 17, 11:38 AM
    • #8
    • 15th Mar 17, 11:38 AM
    Definitely ask the landowner to intervene, that seems your best opportunity of killing this off.

    You also need to send in the initial appeal (as per CM's advice above) as this shows (if this eventually ended up with a small claim) that you engaged in the process - it will be rejected, but you have tried to engage. Don't bother with a second stage appeal to the IAS as that will be rejected too, and will give the PPC an encouragement to proceed to court.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    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.

    Please note: I am NOT involved in any 'paid for' appeals service.
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