We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Smart Parking. Disabled bay, Atlantic Village.
paulopepper
Posts: 17 Forumite
Hi. Received a ticket on windscreen for parking in disabled bay. Is the following appeal letter OK? Coupon Mad if you're out there:) x
I wish to appeal against this PC on the following points:
On 31st December 2013 I visited Atlantic Village with two friends, Charles and Evelyn Xxxx. Both are 86 years of age and Evelyn is registered disabled.
We arrived around 11:30 am and sometime after realised that I had not displayed the blue badge, which Evelyn had in her handbag. I returned to the car to display it and found the car had been ticketed.
[FONT="]The passenger was a disabled blue badge holder and therefore has the legal right to use the disabled spaces provided. Despite your signs demanding that vehicles display a blue badge when using the disabled parking bays, the Equality Act 2010 does not require the driver to display any sort of badge or permit. 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="]The charge is inappropriate, unlawful in the case of the Equality Act and not a genuine pre-estimate of loss incurred for Smart Parking or the landowner. This is a breach of the BPA Ltd code of practice.
[/FONT]
I attach copy of the blue badge together with a letter from Evelyn confirming she was with me.
Additionally, I have today sent these details to Andy Clarke, CEO Asda, for whom I understand you manage the car park.
If this challenge is rejected, then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’, details of land owners and a genuine pre-estimate of loss) so that I may immediately refer this matter (and any further issues that I may subsequently raise) for their adjudication on the matter.
I do not expect to receive a ‘generic’ template response and which fails to address the specific issues that I have raised with you. No further correspondence will be entered into
On 31st December 2013 I visited Atlantic Village with two friends, Charles and Evelyn Xxxx. Both are 86 years of age and Evelyn is registered disabled.
We arrived around 11:30 am and sometime after realised that I had not displayed the blue badge, which Evelyn had in her handbag. I returned to the car to display it and found the car had been ticketed.
[FONT="]The passenger was a disabled blue badge holder and therefore has the legal right to use the disabled spaces provided. Despite your signs demanding that vehicles display a blue badge when using the disabled parking bays, the Equality Act 2010 does not require the driver to display any sort of badge or permit. 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="]The charge is inappropriate, unlawful in the case of the Equality Act and not a genuine pre-estimate of loss incurred for Smart Parking or the landowner. This is a breach of the BPA Ltd code of practice.
[/FONT]
I attach copy of the blue badge together with a letter from Evelyn confirming she was with me.
Additionally, I have today sent these details to Andy Clarke, CEO Asda, for whom I understand you manage the car park.
If this challenge is rejected, then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’, details of land owners and a genuine pre-estimate of loss) so that I may immediately refer this matter (and any further issues that I may subsequently raise) for their adjudication on the matter.
I do not expect to receive a ‘generic’ template response and which fails to address the specific issues that I have raised with you. No further correspondence will be entered into
0
Comments
-
That will do nicely - and we can have fun beating them at POPLA stage if Asda don't step in.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.1K Banking & Borrowing
- 253.5K Reduce Debt & Boost Income
- 454.2K Spending & Discounts
- 245.1K Work, Benefits & Business
- 600.7K Mortgages, Homes & Bills
- 177.4K Life & Family
- 258.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards