refused popla appeal

bernie2304_2

we today received an email refusing our appeal against a ticket issued by ANPR for parking with a valid disabled badge but no disabled clock as we were not aware there was a time limit in the shopping centre carpark, we did not display clock they now want £100. The time limit was 3 hours, we were parked for 1 hour and 10 mins. Any idea where we stand on this anyone?

Hovite_2

It's not binding on you and you should now ignore anything but a Letter Before Action or court papers.

Please could you post up your appeal and decision ?

Guys_Dad

Signs. What did they say about displaying time clock? And is this a private or council park?

bernie2304_2

where would you like me to post appeal and reply?

bernie2304_2

it is a private car park operated by ANPR. The signs re displaying clock we discovered later were on the board attached to the pay and display machine. As we know parking is free we do not approach the pay and display machine as not necessary

Guys_Dad

bernie2304 wrote: »

where would you like me to post appeal and reply?

On this thread in this forum.

bernie2304_2

Reasons for the Assessor’s Determination
A parking charge notice (PCN) has been applied to the vehicle for parking in a disabled bay without displaying a clock alongside the valid disabled badge.
The operator’s case is that the terms and conditions of the car park are clearly displayed on numerous warning signs situated at key locations and throughout the site. A copy of the signage has been enclosed. It states that “Blue Badge Holders must display a current blue badge and clock and may park free of charge for up to 3 hours.” The operator asserts that the appellant was parked displaying a blue badge but not a clock. The operator provided images of the vehicle taken on the day in question.
In the case, the daughter is appealing on behalf of her mother. The appellant’s case is that the requirements to display a clock alongside the blue badge scheme were not clearly displayed. She says that under Section 21 of the Chronically Sick and Disabled Persons Act, the blue badge scheme provides a national range of on-street parking congestions to Blue Badge Holders. She asserts that the scheme allows the disabled people to park without charge or time limit in otherwise restricted on-street parking environment. She states that the charge is disproportionate and unlawful to the Chronically Sick and Disabled Persons Act. She asserts that the signage in the car park in question is ambiguous and difficult to read. Furthermore, she alleges that the parking restrictions are not noticeable and this contravenes the law of contract. Moreover, she states that the signage in the car park is situated very high up lampposts making the parking restrictions impossible to read and containing very little information that is visible to the naked eye. She says that she parked in the said space as all disabled bays were full and she was parked in the space for 1 hour and 10 minutes.
The operator rejected the representations as set out in the correspondence they sent because, they state a breach of the parking contract had occurred by parking without displaying a clock alongside the valid disabled badge. The operator says that the site is more than adequately signed up and they have given adequate warning to all drivers. They assert that the disabled badge book itself advises the appellant to ensure that she is aware of the rules on site if she is parked on private land. They state that it is the driver’s responsibility to ensure that the clock is correctly displayed in the windscreen of the car.

I note the appellant’s comments regarding the parking issue and I appreciate her situation, nevertheless, I find that the operator has provided sufficient evidence to support the enforcement of the charge and hence, they have discharged their burden of proof.
Considering carefully all the evidence before me, I must find as a fact that, on this particular occasion, by not clearly displaying a clock alongside the disabled badge, there occurred a breach of the car park conditions to which the appellant have deemed to have accepted when she decided to park her vehicle in the car park.
Accordingly, the appeal must be refused.
Aurela Qerimi

bernie2304_2

when ANPR sent me copies of their reply to my appeal, they included details of someone elses vehicle,its reg number and full description of their car along photos of signage related to this other vehicle who were parked in a permit only space without a permit along with photos and details of our vehicle. I was really annoyed with this also as it stands to reason they have probably sent out details to another random person too. They are obviously a cowboy company as the paperwork so far has been very shoddy. They also continued to write to us adding on further expenses depsite knowing we were under appeal. I contacted POPLA re this and they werent interested, just told me to contact the company involved to remind them it was under appeal. I phoned ANPR and got answer message stating they did not deal with appeals on the phone and if I wanted to continue to hold I could at the cost of I think £1.50 per minute!!!

Stroma

It's a shame you didn't use the bpa code of practice 16.5 which states that vehicles displaying a valid blue badge must not be ticketed.

But can I just say that their only recourse is now the courts, popla decisions are not binding on you, it's highly unlikely that Trevor Whitehouse (ANPR owner) will take you to the small claims, and if he is stupid enough to try you will get help

bernie2304_2

Is it too late to use this code of conduct against popla? Or is their decision final?

Coupon-mad

bernie2304 wrote: »

Is it too late to use this code of conduct against popla? Or is their decision final?

The POPLA decision is final - but you do not have to pay as it's not binding on you. What a shame you didn't get advice on how to word that POPLA appeal as you could have taken ANPR to the cleaners. Sorry to say that the appeal (it seems) wasn't worded well and you didn't even mention the Equality Act 2010 nor state that ANPR have made no loss nor that they don't have the legal status nor contract to pursue this charge.

Missed opportunity, all stuff that's covered on here every day. Never mind, you'll have to get it cancelled another way.

Is this ANPR Ltd? If no, then who exactly?

Right, now, do you want this cancelled or not? If so then you MUST complain to the Retail Park/Shopping Centre owner or managing agent. Please...please... no reply saying you 'don't know who that is' (Google the name of the Park). Complain like in this example by Caryl2506:

https://forums.moneysavingexpert.com/discussion/4244645

Please let us know when the Retail Park cancel this harassment of a disabled person, to avoid you suing them (which is the reality).