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  • FIRST POST
    • TINKERBELL20
    • By TINKERBELL20 9th Sep 17, 10:28 AM
    • 8Posts
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    TINKERBELL20
    disabled parking bay
    • #1
    • 9th Sep 17, 10:28 AM
    disabled parking bay 9th Sep 17 at 10:28 AM
    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
Page 1
    • Quentin
    • By Quentin 9th Sep 17, 10:44 AM
    • 32,805 Posts
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    Quentin
    • #2
    • 9th Sep 17, 10:44 AM
    • #2
    • 9th Sep 17, 10:44 AM
    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)
    Last edited by Quentin; 09-09-2017 at 10:47 AM.
    • beamerguy
    • By beamerguy 9th Sep 17, 10:45 AM
    • 5,960 Posts
    • 7,678 Thanks
    beamerguy
    • #3
    • 9th Sep 17, 10:45 AM
    • #3
    • 9th Sep 17, 10:45 AM
    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
    Originally posted by TINKERBELL20
    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 ?
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • TINKERBELL20
    • By TINKERBELL20 9th Sep 17, 12:20 PM
    • 8 Posts
    • 4 Thanks
    TINKERBELL20
    • #4
    • 9th Sep 17, 12:20 PM
    • #4
    • 9th Sep 17, 12:20 PM
    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
    • By Umkomaas 9th Sep 17, 12:31 PM
    • 14,558 Posts
    • 22,901 Thanks
    Umkomaas
    • #5
    • 9th Sep 17, 12:31 PM
    • #5
    • 9th Sep 17, 12:31 PM
    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.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • TINKERBELL20
    • By TINKERBELL20 9th Sep 17, 12:40 PM
    • 8 Posts
    • 4 Thanks
    TINKERBELL20
    • #6
    • 9th Sep 17, 12:40 PM
    • #6
    • 9th Sep 17, 12:40 PM
    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
    • By Coupon-mad 9th Sep 17, 12:44 PM
    • 50,065 Posts
    • 63,464 Thanks
    Coupon-mad
    • #7
    • 9th Sep 17, 12:44 PM
    • #7
    • 9th Sep 17, 12:44 PM
    No the 14 days is irrelevant, if there was no windscreen PCN, or a fake one 'not a PCN'.
    Last edited by Coupon-mad; 09-09-2017 at 11:33 PM.
    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.

    • Umkomaas
    • By Umkomaas 9th Sep 17, 12:45 PM
    • 14,558 Posts
    • 22,901 Thanks
    Umkomaas
    • #8
    • 9th Sep 17, 12:45 PM
    • #8
    • 9th Sep 17, 12:45 PM
    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?
    Originally posted by TINKERBELL20
    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
    Last edited by Umkomaas; 09-09-2017 at 12:47 PM.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • TINKERBELL20
    • By TINKERBELL20 9th Sep 17, 2:22 PM
    • 8 Posts
    • 4 Thanks
    TINKERBELL20
    • #9
    • 9th Sep 17, 2:22 PM
    • #9
    • 9th Sep 17, 2:22 PM
    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
    • By Snakes Belly 9th Sep 17, 2:34 PM
    • 34 Posts
    • 19 Thanks
    Snakes Belly
    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.
    Last edited by Snakes Belly; 10-09-2017 at 4:44 AM.
    • Umkomaas
    • By Umkomaas 9th Sep 17, 2:38 PM
    • 14,558 Posts
    • 22,901 Thanks
    Umkomaas
    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?
    Originally posted by TINKERBELL20
    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 ......
    Last edited by Umkomaas; 09-09-2017 at 5:44 PM. Reason: Just re-read and spotted the jumble from predictive text on iPhone!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • TINKERBELL20
    • By TINKERBELL20 9th Sep 17, 3:51 PM
    • 8 Posts
    • 4 Thanks
    TINKERBELL20
    Hi

    Have sent appeal via parking companies website. As it will in all probability be rejected I will be looking for your help again. Thank you very much for your support
    • Redx
    • By Redx 9th Sep 17, 4:58 PM
    • 15,515 Posts
    • 19,599 Thanks
    Redx
    we can assure you that it will be rejected

    there isnt much help available after that , its a stalemate until any future court case (with email or letter tennis in between) - the PPC has 6 years to try an MCOL
    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 9th Sep 17, 11:35 PM
    • 50,065 Posts
    • 63,464 Thanks
    Coupon-mad
    Hi

    Have sent appeal via parking companies website. As it will in all probability be rejected I will be looking for your help again. Thank you very much for your support
    Originally posted by TINKERBELL20
    There will be no next steps, sit tight when you get the rejection letter. No big deal. Come back in the end of you get an actual court claim because 99% of people here (who take full forum advice through the claim defence process) win.
    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.

    • TINKERBELL20
    • By TINKERBELL20 10th Sep 17, 5:48 PM
    • 8 Posts
    • 4 Thanks
    TINKERBELL20
    Thank you for your reply Coupon Mad, that makes me feel so much better that I have someone who will help and advise me.
    • TINKERBELL20
    • By TINKERBELL20 21st Sep 17, 2:01 PM
    • 8 Posts
    • 4 Thanks
    TINKERBELL20
    Hi

    As anticipated my appeal was rejected by Excel Parking.

    Is my defence, as keeper, when it comes to court the fact that the bays weren't marked as disabled i,e no chevrons at side,therefore not correct size, no disabled wheelchair symbol and no blue badge only signs beside bay? I don't know how a disabled driver would even know this was supposed to be a disabled space.

    Many thanks again
    • Quentin
    • By Quentin 21st Sep 17, 2:11 PM
    • 32,805 Posts
    • 16,825 Thanks
    Quentin
    Wait and see if you get to a court claim against you.

    Until then ignore all debt collectors who contact you.

    Keep your photos safe. They have 6 years to take this to court
    • Coupon-mad
    • By Coupon-mad 22nd Sep 17, 12:44 AM
    • 50,065 Posts
    • 63,464 Thanks
    Coupon-mad
    Hi

    As anticipated my appeal was rejected by Excel Parking.

    Is my defence, as keeper, when it comes to court the fact that the bays weren't marked as disabled i,e no chevrons at side,therefore not correct size, no disabled wheelchair symbol and no blue badge only signs beside bay? I don't know how a disabled driver would even know this was supposed to be a disabled space.
    Originally posted by TINKERBELL20
    Sounds like a good basis for a defence.
    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.

    • pogofish
    • By pogofish 22nd Sep 17, 11:17 AM
    • 7,522 Posts
    • 7,558 Thanks
    pogofish
    Hi

    As anticipated my appeal was rejected by Excel Parking.

    Is my defence, as keeper, when it comes to court the fact that the bays weren't marked as disabled i,e no chevrons at side,therefore not correct size, no disabled wheelchair symbol and no blue badge only signs beside bay? I don't know how a disabled driver would even know this was supposed to be a disabled space.

    Many thanks again
    Originally posted by TINKERBELL20
    You seem very hung-up on it being a poorly marked disabled space. Which actually means very little in the murky world of private parking.

    Your Blue Badge and disabled space markings are only legally valid on-road and in legit/council-regulated car parks (check the handbook that came with it or online with the issuing authority). In private parking, its the Equality Act that applies and that has a much broader brush when it comes to accessible parking but PPCs are notoriously bad at taking the Act into account - Frankly they don't care about anything other than getting money out of you.

    However, this could be a good reason to go back to the landowner/whoever the car park served as an argument for them to have it cancelled as they have joint responsibility with the PPC for seeing the Act is upheld and would be jointly liable with the PPC in any equalities action.
    • TINKERBELL20
    • By TINKERBELL20 22nd Sep 17, 10:06 PM
    • 8 Posts
    • 4 Thanks
    TINKERBELL20
    Hi Pogofish

    I am probably" hung up" on it because I would never use a disabled space or other designated bay such as parent and child. I have never had a parking ticket or anything else in my 45 years of driving so I am quite worried about this.

    I really appreciate all the help and advice from everyone.
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