PCN - I have appealed but have I made a mistake

mcdermott_c

Hi

I received a PCN from smart parking Ltd for staying in parking bay for longer than the free period. I was driving my disabled mother in law at the time and was parked in a disabled parking bay with permit displayed. We used the Asda store (although cant find receipts) but then went to several other shops and therefore overstayed the free period (I thought the disabled bay wasn't subject to a maximum stay period).

I received the PCN through the post with photo evidence of how long we stayed and appealed the charge online, however having read on here I may have made a mistake and in my appeal implied I was driving the car - I assume this was a mistake and wondered if I can no longer dispute this charge.

any advice would be grateful

thanks

kirkbyinfurnesslad_2

The whole driver issue is a red herring IMHO.

mcdermott_c

thanks for the reply

so should i just keep refusing to pay despite my mistake ?

thanks

amcg100

Just don't pay and ignore all the demands. If you want to have some fun you could ring them up and take the !!!!, but only if you are a bit bored.

Redx

no , you have appealed and now await the outcome of your appeal , either its cancelled , or you get a popla verification code

in the meantime you should be complaining to the stores and landowner due to the EA 2010 which is the law covering your mother in law , not the BB which has no validity on private land which you would know if you read the blue book (its for public roads etc only)

mcdermott_c

Redx wrote: »

no , you have appealed and now await the outcome of your appeal , either its cancelled , or you get a popla verification code

in the meantime you should be complaining to the stores and landowner due to the EA 2010 which is the law covering your mother in law , not the BB which has no validity on private land which you would know if you read the blue book (its for public roads etc only)

thanks for the replies

Redx - i must admit i rarely drive her so admit I haven't read all the rules for using the Blue Badge.

I will phone up the store and see what they say. In the meantime I will try and find our receipts or check the bank account for the transaction

thanks

ColliesCarer

mcdermott_c wrote: »

Hi

in my appeal implied I was driving the car - I assume this was a mistake and wondered if I can no longer dispute this charge.

any advice would be grateful

thanks

Don't worry - as advised by others this will be winnable with a forum supported POPLA appeal whether you have identified yourself as the driver or not

mcdermott_c

ColliesCarer wrote: »

Don't worry - as advised by others this will be winnable with a forum supported POPLA appeal whether you have identified yourself as the driver or not

thanks I may need to come back for advice if they reject the appeal so thats good to hear

many thanks

Redx

maybe not , but that BB is hers and she has let you use it on her behalf , so be as well to bone up on the usage you are using it for , because you are relying on the rules of use and protection to allow you to park for her convenience , so if you play football occasionally its well worth swotting up on the offside rule etc

and you used it on private land , where it has no relevancy in law, but the EA 2010 DOES

the EA 2010 protects her on private land , so that is what you complain to the store about , a BB is not a requirement under the EA 2010 , its purely a rule issued by the parking companies and bears no relation to the law and your mother in law - tell them (the retailer or landowner) they are breaking the EA 2010 , tell them to cancel the ticket , job done

mcdermott_c

Redx wrote: »

maybe not , but that BB is hers and she has let you use it on her behalf , so be as well to bone up on the usage you are using it for , because you are relying on the rules of use and protection to allow you to park for her convenience , so if you play football occasionally its well worth swotting up on the offside rule etc

and you used it on private land , where it has no relevancy in law, but the EA 2010 DOES

the EA 2010 protects her on private land , so that is what you complain to the store about , a BB is not a requirement under the EA 2010 , its purely a rule issued by the parking companies and bears no relation to the law and your mother in law - tell them (the retailer or landowner) they are breaking the EA 2010 , tell them to cancel the ticket , job done

Redx I hold my hands up you are correct I should and will read up on the BB.

I will also take your advice and phone the store and inform as you say that they are breaking the EA 2010 act and ask them to cancel the ticket

i will let the forum know how I get on

thanks

ColliesCarer

mcdermott_c wrote: »

thanks I may need to come back for advice if they reject the appeal so thats good to hear

many thanks

Sorry to be the bearer of bad news but the chances are they will reject your appeal.
But when they do you get the golden ticket to a POPLA appeal - the forums advice will help you make sure you submit an appeal to POPLA which is based on known winning legal grounds