Parking in Disabled Bay

Carrie-Ann

Hello Guys


I am very new to all this and quite confused by all the different posts so please bear with me............


I have received a PARKING CHARGE NOTICE from a firm who patrol the parking bays for the sheltered housing complex that I moved to recently. I have not found any threads relating to this particular firm.


I am intending to appeal as I do have a disabled badge and always display it except for the 3 hours on that day that the offence occurred when my daughter took me shopping and I took my badge with me.


I think I need to rely on the statement
"1) The amount being claimed is not a genuine pre-estimate of loss to your company or the landowner"
as this is not a case where I have overstayed in a paying car park.
I have been told that the disabled parking bays on council owned land are not enforceable by law so this is purely a civil matter but I do find that the fee for my error (£60 if paid within 14 days, rising through £100 to £150 after 28 days) is excessive.


I hope I have not contravened any thread posting protocol here ( I am in enough trouble for one day !!!) and look forward to any advice that may be given


thanking you

Redx

basically you are correct , just follow the newbies sticky thread and the flowchart in post #8

BB are not valid on private land owned by private landowners, although the EA 2010 still applies

the "rules" may say you should display it, but its not a legal requirement under the EA 2010

so just follow the usual appeals procedures if its a private parking company (and not the council) - waiting for the NTK in the post if this was a windscreen ticket

also check if this firm are in the BPA or IPC by googling those 2 sites and checking the AOS operators lists ( who is this "firm" ? )

also check your tenancy agreement and find out who the landowner or managing agent is and insist they cancel it

also check the signage and take several different photos etc as well

Guys_Dad

Their rules obviously prevent you from going out with your daughter in the manner you outline. I would bring that to their attention and threaten legal action against them should they persist.
Get the sheltered housing group to intervene and point out the inflexibility of their PPC rules when elderly people are involved.

Stroma

If there are no threads about this company on mse, can you tell us exactly who they are please?

Thanks

Carrie-Ann

Thanks for the advice. I am drafting my appeal now!

The firm are Premier Park Exeter.

Stroma

They are in the BPA AOS so can get your details from the dvla

http://www.premierpark.co.uk/

The_Deep

Obviously you need two BBs. Can you not write to the BB people and get another?

I see no reason why the PPC should not cancel this ticket when you tell them the circumstances. . If they fail to do so, then maximum publicity should be given to their perverse decision. You need to have the BB with you, how can you if it is going to cost you £100 when you accept a lift from anyone else.

This has nothing to do with Popla, loss, breach of contract etc., etc., and everything to do with your human rights. Quite frankly I should ignore Popla.

Contact the Parliamentary and Health Service Ombudsman, contact disability charities, contact your local papers. Contact the Mail, contact The Sun, I can see the headline now, "Disabled woman forbidden to leave house by parking company", that should do the trick.

fisherjim

Unfortunately Department of Transport legislation allows only one badge to be issued per person for personal use.

Hot_Bring

OP - please don't take the advice to ignore POPLA - that is AWFUL advice.

Just to give some balance ( which The Deep hasn't ), you have two options broadly speaking :

1. Use the standard advice of appealing to the PPC and then, if rejected, to POPLA. Pro's are that you can guarantee a win at POPLA and the problem goes away, it only takes a couple of emails and a little time. Con's include that you haven't fought for your rights as a leaseholder. Your lease will always trump any PPC rules.

2. Fight the charge using your rights as a leaseholder. This is what The Deep is suggesting. Pro's include the fact that it may kill the whole model of parking management using a PPC on leasehold properties. The downside is that you may end up being taken to court. If that happened you should win BUT there is a chance that you wouldn't and the process could be long and stressful.

The Deep - please stop giving the advice you are giving unless you're going to highlight the risks and other options. It's fine that YOU want to fight this system but unfair that you encourage others to do so without at least giving them all the information.

Stroma

And with these words they admit to it being a penalty and not a loss

Any enforcement scheme should first and foremost be in place as a deterrent to unauthorised parking.

The_Deep

OP - please don't take the advice to ignore POPLA - that is AWFUL advice.

I have to disagree, this is an Arbitration service set up by the parking industry, paid for by the Parking industry for the parking industry, It has no brief to decide decisions equably, it does not even take the law into accountwhen making its decisions, it is there solely to protect the Parking industry's interests as best it can.

It findings have no basis in law, it pays no heed to mitigation and is accountable only to its paymasters.

Hot Bring says that you are guaranteed a win at Popla, he is right, but a win at Popla is worth very little. The only way to get these PPCs off everyones' back is to fight them.

Whispering "GPOL" to Popla is not fighting them, it is surrender ing to them, allowing the to continue to rip of the great unwashed who give in to their demands, and giving them legitimacy. If everyone were to ignore Popla and instead write to their M.P., Trading Standards, local papers, retails outlets. landowners, Popla would only deal with mitigation and refuse every appeal, it would become a laughing stock.

Hot Bring you seem to have a poor understanding of the way these boards work. Of course I give only one side of the coin, it is for others who have different opinions to give another. If you do not agree with me, debate with me, do not try to censor me.