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  • FIRST POST
    • debtfreeian
    • By debtfreeian 12th Jul 17, 3:04 PM
    • 125Posts
    • 21Thanks
    debtfreeian
    Parking charge notice - disabled space
    • #1
    • 12th Jul 17, 3:04 PM
    Parking charge notice - disabled space 12th Jul 17 at 3:04 PM
    Hi maybe this is too late but thought I'd ask. We recently entered a parking eye carpark and sat waiting for 17 minutes for a disabled space. It was a busy day as it was a local university open day and no space became available so we left.

    The carpark was hard core with no line markings. We appealed which was obviously rejected arguing that we didn't park as no suitable space was available. We supplied photos of the disabled badge and explained that the car is a notability vehicle.

    I've read the stickies. Is this worth pursuing?

    Thanks
Page 1
    • Coupon-mad
    • By Coupon-mad 12th Jul 17, 3:10 PM
    • 51,575 Posts
    • 65,184 Thanks
    Coupon-mad
    • #2
    • 12th Jul 17, 3:10 PM
    • #2
    • 12th Jul 17, 3:10 PM
    POPLA stage, of course proceed with that. No-one pays ParkingEye without trying a POPLA appeal.

    Yours will be just like all the others about 'lack of grace period appropriate for someone waiting for a disabled space' and you can adapt a POPLA appeal you will find when you search the forum for:

    'POPLA ParkingEye grace period observation Kelvin Reynolds'.

    You will need to lay it on thick that the extra minutes must be allowed as a 'reasonable adjustment' under the Equality Act in waiting for a specific disabled bay which was not available at all, after all, and the driver then gave up and left, having never parked not accepted any contract.

    Did you admit which of you was driving, did you choose 'driver' in the drop down box rather than (the forum recommended) registered keeper?

    Did the PCN arrive by day 15 and does the back have a para about the POFA/29 days and keeper liability?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • The Deep
    • By The Deep 12th Jul 17, 5:31 PM
    • 7,382 Posts
    • 6,426 Thanks
    The Deep
    • #3
    • 12th Jul 17, 5:31 PM
    • #3
    • 12th Jul 17, 5:31 PM
    Quote this court Judgement to them.


    http://parking-prankster.blogspot.com.es/2014/03/waiting-for-space-is-not-parking.html
    You never know how far you can go until you go too far.
    • debtfreeian
    • By debtfreeian 18th Jul 17, 7:49 PM
    • 125 Posts
    • 21 Thanks
    debtfreeian
    • #4
    • 18th Jul 17, 7:49 PM
    • #4
    • 18th Jul 17, 7:49 PM
    Hi and thank you for the responses. I must admit I cannot remember if I said I was the driver or the registered keeper.

    The letter from Parking Eye was received in good time and contains the POFA/29 day details. I assume its a POPLA appeal as the next step detailing disability discrimination and no parking spaces?

    Thanks all.
    • Redx
    • By Redx 18th Jul 17, 8:10 PM
    • 16,570 Posts
    • 20,730 Thanks
    Redx
    • #5
    • 18th Jul 17, 8:10 PM
    • #5
    • 18th Jul 17, 8:10 PM
    any popla appeal needs a popla code from PE

    then you use the legal arguments in post #3 of the NEWBIES sticky thread

    you are extremely unlikely to win on discrimination ( or the EA2010) OR no parking spaces, although you can add those as well as NO LANDOWNER CONTRACT , POOR AND INADEQUATE SIGNAGE , BPA CoP failures , any NTK failures , that ivor pecheque court case transcript about waiting for a space is not parking (which they won in court against PE), also not the same as BEAVIS , etc
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • debtfreeian
    • By debtfreeian 18th Jul 17, 8:32 PM
    • 125 Posts
    • 21 Thanks
    debtfreeian
    • #6
    • 18th Jul 17, 8:32 PM
    • #6
    • 18th Jul 17, 8:32 PM
    Hi, I can't really argue unclear signage, no landowner contract as I live nowhere near the the actual carpark to check this.
    • Redx
    • By Redx 18th Jul 17, 9:04 PM
    • 16,570 Posts
    • 20,730 Thanks
    Redx
    • #7
    • 18th Jul 17, 9:04 PM
    • #7
    • 18th Jul 17, 9:04 PM
    Hi, I can't really argue unclear signage, no landowner contract as I live nowhere near the the actual carpark to check this.
    Originally posted by debtfreeian
    oh YES you can m8

    you really need to learn that WE know what we are talking about and you dont ! so you need to do as we tell you if you wish to win your popla appeal and avoid a court case

    anything you query in your popla appeal has to be addressed by the PPC and the popla assessor

    anything you fail to query wont be looked at

    so you use any and all appeal points to try to win, as you only need ONE to win on your behalf

    the PPC have to prove their case , so if you query the landholder contract , they have to prove to the popla assessor that a valid one exists

    if you query the signage , the PPC has to prove to the assessor that it meets the CoP (which they rarely do)

    etc etc

    the same applies in court , the burden of proof is on ther claimant , so you make it as difficult as possible by making them prove each and every legal point

    do some research and you will see I am right , and you are wrong

    ignore this advice at your peril, it may prove costly for you if you fail to query all the valid legal points , of which contract and signage are the main points

    and we dont care if you live near there or not , all you have to do is allege that they fail these points by adding them to your popla appeal, because the burden of proof is on the claimant
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 18th Jul 17, 9:08 PM
    • 51,575 Posts
    • 65,184 Thanks
    Coupon-mad
    • #8
    • 18th Jul 17, 9:08 PM
    • #8
    • 18th Jul 17, 9:08 PM
    Hi, I can't really argue unclear signage, no landowner contract as I live nowhere near the the actual carpark to check this.
    Originally posted by debtfreeian
    Do you actually think that's a reason not to? Jeez the amount of times people who live 200 miles away say this, it's unbelievable!

    No-one is telling you to check the signs. The template is already written for EVERY POPLA case.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • debtfreeian
    • By debtfreeian 20th Jul 17, 8:25 AM
    • 125 Posts
    • 21 Thanks
    debtfreeian
    • #9
    • 20th Jul 17, 8:25 AM
    • #9
    • 20th Jul 17, 8:25 AM
    Redx did I ever question you know what you are talking about?

    I also don't want to be dishonest or downright lie either.
    • fisherjim
    • By fisherjim 20th Jul 17, 8:43 AM
    • 2,580 Posts
    • 3,839 Thanks
    fisherjim
    Redx did I ever question you know what you are talking about?

    I also don't want to be dishonest or downright lie either.
    Originally posted by debtfreeian
    Sheesh!

    So what exactly did the on site signage tell you?
    • Coupon-mad
    • By Coupon-mad 20th Jul 17, 10:47 AM
    • 51,575 Posts
    • 65,184 Thanks
    Coupon-mad
    Redx did I ever question you know what you are talking about?

    I also don't want to be dishonest or downright lie either.
    Originally posted by debtfreeian
    And nor do we. And nor are we telling you to lie!

    It is a standard appeal to put the parking firm to prove their signage.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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