Ukpc

hallowitch

have been reading thread Newbies Need help with a private parking ticket but will probably need to read it a few times over the next few days as brain running on empty

I have started this thread to get some help and advice so I don't make a mistake and keep a record of things also to post up letters before I send them to get confirmation im on the right road


story is daughter was using a friends car she parked in disabled parking bay in shop car park


now she is not disabled but does have a curved spine and it can cause her mobility problems on the day she got the ticket she was having problems walking hence the reason for parking in disabled bay


The car park is free the ticket is for £100


who appeals the ticket her or the registered keeper?


she/registered needs to appeal to UKPC (which will be rejected it seems )


How do you check the signage in the car park is correct ?


can she appeal on the grounds that her back was causing mobility problems ?


Please accept my apologies for asking questions that have more than likely been covered 100 times but when your running on empty it can hard to take things in


thanks HW

Redx

definitely keep re-reading the NEWBIES thread

as for those bays , the EA 2010 protects people like this person , a blue badge is not a requirement of the EA 2010 and the landowner should take all reasonable steps to not break the EA 2010

the fact is that these companies make it a rule to display a BB , but actually the LAW doesnt stipulate this under the EA 2010 and a BB has no bearing on private land, but the EA 2010 does

so lets assume she is protected under the EA 2010 , that is a reasonable appeal, but parking companies tend to ignore this , and landowners are not usually aware of the problem either

the RK should have received the pcn, so should appeal it as RK and not name the driver if that can be avoided

the RK should also appeal to the landowner asap to get it cancelled due to the EA 2010 (they wont wish to be sued), and/or due to patronage of the retail units or whatever they were there for

if this goes to popla (or court), the PPC (ukpc) have to prove its correct, not the defendant , but it helps if the RK can prove its defective under the BPA CoP for example

the £100 is not a genuine pre estimate of loss, hence that is also an appeal point , as is no contract with the landowner , also bad or poor signage too

the above points are in that newbies thread

so , you appeal to ukpc , using the template , but adding the EA 2010 part as regards THE DRIVER , using third party terms , no naming or implying who the driver was or is (the driver has spinal problems so is protected under the EA 2010 and a BB is not relevant on private land)

a popla appeal concentrates on the main appeal points, the EA 2010 and BB issues are an afterthought as popla does not rule on those issues, even though it should do

good luck

hallowitch

Redx thanks for the prompt reply will definitely keep re-reading the newbies thread


this only happened in the last few days so RK will not have received the pcn yet I know we are going to struggle with this(due to family issue that's fried my brain ) so just getting myself/her ready for when it does come so we know what to do and have everything ready to go with the minimum fuss


how long does it usually take for the pcn to come through ?

Redx

29 to 56 days for a postal pcn if the car had a windscreen ticket issued , although some parking companies let the debt collectors have it after 28 days

the point here is that the EA 2010 should be used as mitigation dealing with the landowner or shop , but popla wont rule on it (although a judge would if it ever got that far, which is unlikely)

so when the RK gets the pcn they should use the template in the NEWBIES thread and add an extra paragraph about the EA 2010 which ukpc will ignore

then we assume the RK will get a popla code, so you appeal using the standard appeal points to popla , so I would start looking for a suitable popla appeal on the assumption its going to be needed , adapt it yourself after copying into notepad and then get it checked on here (minus personal info) before submission

hallowitch

mmm 29 days I will work on the assumption it will be 29 days but hope its a few weeks after that


that's the plan to get it ready and post here so its good to go as soon as the RK gets the pcn then its just a case of posting it
Thanks again

Annie1960

hallowitch wrote: »

mmm 29 days I will work on the assumption it will be 29 days but hope its a few weeks after that


that's the plan to get it ready and post here so its good to go as soon as the RK gets the pcn then its just a case of posting it
Thanks again

Mine was really quick from UKPC a couple of months ago, it arrived on day 29 so don't count on a delay.

hallowitch

Annie1960 wrote: »

Mine was really quick from UKPC a couple of months ago, it arrived on day 29 so don't count on a delay.

thanks for that ive subscribed to your thread fingers x for you