Could I ask about driver details?

Coupon-mad

On the day of the "contravention" the driver had dropped off a very disabled passenger, their wheeled walking aid and another passenger directly in front of the high street entrance. The driver then went and parked the car. The passenger has a blue badge but this wasn't used as the driver did not park in a disabled bay as the badge user wasn't in the car at the time of parking.

Given the circumstances under which the driver parked not sure if the Equality postings I have read actually do come into play or if it just something I should maybe take up with the store in terms of their exclusion of disabled shoppers?

Sounds to me like the Store and the PPC has 'failed to make a reasonable adjustment for disabled visitors to make the store accessible.' Send an official 'disability discrimination under the Equality Act 2010 complaint' to the CEO of the Store chain and a copy to the PPC, lay it on thick and enclose a copy of the passenger's Blue Badge to show the complaint comes from the point of view of a severely disabled customer who was simply being dropped off at the front, to do their shopping.

Meanwhile email Steve Clark back and point out that the November 2013 POPLA newsletter has served as a timely reminder about this issue and you expect the BPA to investigate it now because (as you have already said) the PPC has rejected the appeal with a load of obfuscation pretending that the driver has to be named. And in doing so they have deliberately failed to include a verification code - even though the BPA CoP 22.14 states that 'drivers and registered keepers may appeal to POPLA' and the POPLA newsletter says this:

''Verification code
Operators must, on every occasion, include the verification code in their rejection of representations. The recipient of the rejection should not have to ask for it. Failure by an operator to provide a verification code in their rejection letter is a breach of the Code of Practice, sanctionable by the BPA.''





Here is the newsletter for you to read but don't post this linky to Steve Clark!

http://parking-prankster.blogspot.co.uk/2013/11/popla-november-2013-newsletter.html

Bwib

No real update but do need to apologise for the very late “thankyou” to Coupon-mad for the last piece of helpful advice. (Sorry, very difficult week caring for a very frail mother and a blind MIL).

Now 10 days since the PPC signed for my letter telling them they were in breach of the BPA CoP by refusing to accept my keeper’s appeal. No reply to date.

Input from the supermarket chain has been a little more positive. Complained to the CEO regarding not only the parking aspect but also the standard, irrelevant response from customer services. Got an appropriate email from his PA promising a full response in due course.

Had an email from a commercial director asking if he could have a telephone number to call and discuss. Positive conversation. He is asking Legal Department to write to the landlord (who has ignored me for 3 weeks) regarding both the PPC’s actions and inappropriate parking arrangements. He was actually in the branch concerned at the time and realised, mid-conversation, that he would get ANPR’d on exit and was unaware of the parking restrictions that he was contravening himself :rotfl: Bet he will get his ticket cancelled easily enough. But then given what I have read about PPCs doubt they will accept "but I am a director of the company" as a valid appeal

Bwib

At last, an update!

About 10 days before I was expecting to hear the result of my POPLA appeal I got a lovely letter from the PPC kindly offering me the opportunity to pay a reduced sum of £30 in final settlement of the PCN. By the time I got the letter I had about 4 days left to do it or they would "retract the offer and continue to contest my appeal at POPLA".

Probably foolish that I haven't been coming back here to check my wording and actions, but I emailed POPLA and copied the PPC. I think by this time I was confident that, due only to the help and advice found on this site, that my appeal could not possibly fail.


Dear Assessor,
If you are able to still do so, I would be grateful if you could consider the following two recent developments which I believe only serve to reinforce the points raised in my appeal.

1. Letter from xxxx
I am in receipt of a letter from xx dated xx, stating that they are prepared to accept £30 in full payment of Parking Charge Notice xxxx if received by xx.

Given that since issuing the PCN, xxxx have incurred an Operational Cost of £27+VAT in obtaining the POPLA code I requested, I believe they are now merely seeking to recover this amount, so that their actual operational loss remains at zero.

I believe this demonstrates, beyond any reasonable doubt, that they are not seeking to recover any Genuine Pre-estimate of Loss in the issuing of a PCN, as that genuine loss is obviously £0.00, proving the charge is punitive and intended as a penalty.

2. Signage – Non compliance and Non management of Car Park
I have stated in my appeal that I require xxxx to prove beyond any doubt what signage was actually in place at the time of the alleged contravention.

It is now four months since the alleged contravention and as a frequent visitor to the area I have checked the car park regularly. have observed and evidenced a continual lack of signage management and continued failure on the part of Premier Park to maintain appropriate signage as it may be there one week and gone the next.

On my last visit there was NO readable signage alerting a driver to a restriction of a 30 minute stay. There was one large readable retailers sign referring the reader to other signs. These other signs, belonging to xxxx, are not in reading distance and are either above head height or at knee height. Please see attached images.

This further evidences why I request xxxx to supply me with a robust and verified audit trail which categorically proves what signage was in place at the time of the alleged contravention.

Thank you for your further consideration."

Guess at this point, the PPC realised the were fighting a losing battle as the following day I received the following letter from POPLA.

The POPLA letter reads

The Operator has informed us that Parking Charge Notice xxx in respect of vehicle registration xxx has been cancelled.

Your appeal has therefore been allowed by order of the Lead Adjudicator.

You are not liable for the parking charge.

That just leaves me to give one huge thank you to all the contributors on this site. Not just those who responded directly to my questions, also those key contributors whose posts I read over and over trying to learn as much as I could. Without your help I don't think I would have had to confidence to fight this to the end. Once again, many many thanks for the hours you continually dedicate to sharing your knowledge with others.

Angela

bod1467

Well done. To parody Corporal Jones ... They don't like it up 'em!

4consumerrights

Well done BWIB - just read whole thread - didn't look at your uploaded photos though - but having seen Premier Parks Ntk recently - they do circumvent the requirements of POFA and do not invoke keeper liability - hence their obstruction and attempts to try and get driver's details from you!

Perhaps you should send a personal cost notification to them for their obstruction in this matter and obtaining keeper details when they only can pursue the driver if known:D