UPDATED: Forgot to display blue badge - £100 "fine" from New Generation parking

Umkomaas

I wouldn't worry about going back to check the signage at this stage, just send them a 'soft' appeal - they won't cancel this regardless of what you say, you just need to hook a POPLA code.

Despite not going back to check their signs, your appeal should state that the signs were unclear, that they have no assigned interest in the land and have no rights to issue contracts or pursue any charges, and in any case a breach of contract can only result in a claim for a genuine pre-estimate of loss, which, as this was a free car park, the 'loss' was virtually zero!

So, short and sweet, get that POPLA code, then you're in business to get rid of this for good.

HTH

Redx

Lovelyjoolz wrote: »

You are right Redx - I don't wish to go to court over this. I want to get it cancelled as soon as possible. I think I'm nit picking because I'm feeling so frustrated at the moment over this! Firstly because I'm cross that we forgot to display the BB and secondly because I need to return to the car park in question to have another look at their signage so that I am 100% certain of the wording and placement before I send my soft appeal. I'm 99% certain, but the more I think about it, the more nervous and uncertain I get - I want to check before I go sending an appeal letter with inaccurate information on it.

I won't be able to get there before Tuesday and I'm getting antsy over it! Sorry!

no need to be sorry, I am just pointing out not to lose sight of the ball in your fury over this (in a way playing devils advocate)

if you read the last 2 replies I totally agree with what they say and there is no reason to not do as they have said, putting the ball back in the court of the PPC so to speak

THE POINT IS TO CHALLENGE THEIR CASE, MAKE THEM PROVE THEIR CASE - under the BPA guidelines

dont do their job for them however

make them prove that what they are saying is valid, is legal , and once you have pointed out the EQUALITY ACT 2010 they should so as per what it says in pranksters blog , - ie:- to drop the charge

the "punishment does not fit the "crime " is the point in all of this , a simple mistake should not be causing so much angst, but I do understand that it does cause stress and anxiety , this is what they prey upon

the fact is that BB or no BB on display does not alter the facts that a disabled person used the bay, so once made aware of it they should comply with the BPA code of practice and cancel the charge , irrespective of what the signs say

their signage does not trump the law, never will either

good luck

Lovelyjoolz

Thank you Half_way, Umkomass and Redx for your input. It is very much appreciated.

So, what you're saying is that NGP will reject my appeal whatever I say, so the main objective is to get the POPLA code. To this end, I've amended my appeal to remove my original references to return visits and details on the signage. I can submit this through their website to save on the postage, so I'll do this today.

I would appreciate it if you'd cast your eye over it first though.


[FONT=&quot]Dear New Generation Parking[/FONT]
[FONT=&quot]Ref Number

I am writing to you as the registered keeper of the vehicle to appeal the above on the following points:[/FONT]

• [FONT=&quot]Your signage is unclear and the driver saw no signs requesting the display of a blue badge immediately adjacent to the disabled bays. [/FONT]
• [FONT=&quot]The passenger was a disabled blue badge holder and therefore has the legal right to use the disabled spaces provided. The Equality Act 2010 does not require the driver to display any sort of badge or permit on private land. By demanding that the blue badge is displayed, you are adding arbitrary rules to the lawful right of someone to use a ‘reasonable adjustment’ and this could be considered a breach of the Equality Act.[/FONT]
• [FONT=&quot]The charge is inappropriate, unlawful in the case of the Equality Act and not a genuine pre-estimate of loss incurred for Parking Eye or the landowner. This is a breach of the BPA Ltd code of practice.[/FONT]
• [FONT=&quot]The driver and passenger were genuine customers of the shops and have receipts that prove this.[/FONT]

· [FONT=&quot]I do not believe you have the correct written authorisation from the landowner to issue parking charges and pursue to court. This is a breach of the BPA Ltd code of practice.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]On these grounds I demand that you cancel this charge immediately. If you do not cancel this then I will charge for my time from now on, at a court rate of £18 per hour, plus costs such as stationery, photocopying, printing and postage. [/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]I also reserve the right to issue court proceedings against you and your client, as you are jointly and severally liable for damages for harassment and breach of the Equality Act 2010.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]You have clearly been advised about the passenger's disability so I strongly suggest you cancel immediately. You are pursuing charges when you know a blue badge holder is involved. This is a breach of the BPA Ltd code of practice.[/FONT]
[FONT=&quot]Take note: if you reject and send me a POPLA code or send a holding letter asking for receipts, then my charges will apply because anything other than cancellation is wholly unacceptable under these circumstances.[/FONT]

Umkomaas

Your soft appeal will do nicely. It may be, given your well worded emphasis on the Eq Act, and BB not applying on private land, you might just get a cancellation.

HOWEVER - you refer to ParkingEye in your text (penultimate bullet). Make sure you change that to NGP!

Redx

speaking personally, I am not saying that they wont cancel the charge , they may not cancel in which case you hook a popla code and get popla to cancel it for you

If the PPC has any decency or does actually conform to the BPA CoP then they will cancel the charge, but in the real world this rarely happens

so hopefully they will cancel the charge , job done (they will actually save money by doing this)

if not they should issue a popla code, then a better appeal goes in to popla and the charge is cancelled - job done

your soft appeal looks fine to me

ps:- as mentioned above, when copying and pasting , make sure the terms are relevant , including the name of the company you are addressing

Lovelyjoolz

Oooooooh! Well spotted Umkomaas!! That would have been a major booboo!!

I have changed it and will submit it through their website shortly.

Thanks for all your help. I shall update when I heard more. Hopefully, they will cancel immediately and I won't need POPLA, but if I do, I shall be back!

Coupon-mad

Lovelyjoolz wrote: »

They took photos of my car showing that the badge wasn't displayed so there's no defence there unfortunately!

Whaaaat?! I do hope you have now thought again!

Of course there is, seeing as you don't need to display one to be disabled and eligible under the Equality Act 2010 to use a 'reasonable adjustment'!

You need to read a few Equality Act threads on this forum, you can find some by searching for that keyword. At POPLA stage I can show you a paragraph to throw in about the legal right to use the bay - but POPLA are not likely to allow the appeal on that basis (even though there is a current POPLA case in the offing where we have given it our best shot as a single appeal point, telling POPLA they would effectively be in breach of the law if they refuse the appeal!).

You will win at POPLA anyway on the usual winning points such as there has been no genuine pre-estimate of any loss. Glad you found and used a previous similar appeal I wrote for someone, I like writing those ones as a monkey knows more about the Equality Act than your average PPC does (shockingly).

Lovelyjoolz

Well, my appeal has been rejected. At least they were quick about it! Here's what they said:

"Thank you for your letter concerning the above parking event. Please rest assured that our Appeals Managers have personally investigated this claim and carefully considered the various points you have raised with us. However, based on the information we have received, we will not be waiving Charge on this occasion. For the reasons stated.

Parking restrictions are clearly stated at the entrance to and within the site, which must be adhered to at all times. We must ensure that disabled bays are kept clear at all times for genuine disabled users who hold and clearly display a valid blue badge. It is the driver’s responsibility to ensure the vehicle is parked correctly and not in breach of any parking regulations. Although we sympathise with the circumstances a blue badge must be displayed if you are parking in a disabled bay reserved for blue badge holders. The guards patrol and photograph around the vehicle before a charge is issued; a disability badge was not displayed.

It is important to emphasise at this point that the contractual signage clearly states that the badge must be clearly displayed on the vehicles front windscreen / dashboard. This is also additionally stated on the back of most disability badges.
We appreciate that this is not the decision you will have hoped for. Unless you have any additional information that you have not already brought to our attention, this decision is final. Although further correspondence will be noted and filed, we will not respond except where you have provided new evidence to substantiate your claim. Whilst we are unable to revoke this notice, we hope this offers an explanation and addresses your concerns. If you are liable for this parking charge you have two options.
Option 1 would be to settle the parking charge at the rate of £60.00 within 14 days. Please call 0871 434 4374 or visit www.ngpltd.com to make payment. Alternatively send a cheque or postal order to the address below (please add an additional £2.50 if paying by cheque/postal order). Please note after this time the parking charge would rise to £100 and may be passed over to our debt recovery team for their perusal. This may result in civil court proceedings.

Option 2 is to log a formal independent appeal. As of from October 2012 you are welcome under the Protection of Freedoms Act to lodge an appeal with the Parking on Private Land Appeals (POPLA) regarding this parking charge. Please visit www.popla.org.uk , complete the form and submit to POPLA. However please note, you will no longer be entitled to the discount rate of £60 and should POPLA refuse your appeal you will be liable for the standard rate of £100. When using the POPLA service you will be required to quote your PCN reference number, vehicle registration mark and unique verification code, which is detailed above

Alternatively complete the forms enclosed and send to POPLA, PO Box 70748, London EC1P 1SN."

So I need to formulate my POPLA appeal now. What do I do different on the POPLA appeal?

Redx

you check the links listed to successful popla appeals in the NEWBIES thread which we have already pointed you at earlier

find a recent and suitable appeal to popla, adapt it for your own circumstances and PPC and post it for checking on here, minus any personal info etc

you should still be chasing the landowner and reminding them of the EQUALITY ACT 2010 as well

possibly also contacting the BPA and complaining about this because the PPC are still trying to issue a charge when they have been made aware a BB holder is involved

so thats 3 things to be done

Coupon-mad

You need the link 'How to win at POPLA' in the newbies sticky advice thread. Easy! But show us your draft appeal if unsure, so we can tell you if it's a winner. We win 100% of the time so we want you to maintain the record!