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Advice would be gratefully received.
Comments
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Nope didn't work for me.Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.0
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You need to host the evidence pages in dropbox or tinypic so we can see the PDF link.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 -
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Why do they even bother? That GPEOL justification is utterly doomed.Je suis Charlie.0
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I would email POPLA with 'Urgent rebuttal of Minster Baywatch evidence in POPLA code 4111754001' in the email subject line.
Ask the POPLA Assessor to take the following into account:
Minster Baywatch say across all their car parks the cost is over £50,000 and they have just divided that by the number of car parks/PCNs (their own unproven, not evidenced calculation) to arrive at a PCN charge of £51.39. But there is nothing to show that any regard was ever paid to calculating in advance with the Hospital, or even at a meeting internally by MB, a GPEOL as a result of this type of contravention in this car park.
If Minster Baywatch spend over £50K running their car parks then only recoup that if every single PCN issued is paid at the rate of £50 then they are either lying or in trouble. Even if every victim paid like sheep at £25 a pop, according to their made up figures, MB would be making a massive loss! It is not a credible calculation for any business to only try to recoup their outgoings from those who breach. POPLA cannot possibly accept that as a true statement.
Also all the other car parks MB 'run' will have different arrangements - some will be free car parks, others will be pay and display so not comparable - the Operator cannot rely upon a calculation based on their entire business in all car parks.
Also the Licence says that MB are paid a sum by 'the client' so the cost of permits, signs, the set up and the patrolling is entirely borne by the Hospital client. A motorist cannot be required to pay twice - this is duplication of a cost already paid for by the client.
The Licence is dated in 2011 and says it's valid for 3 months initially but there is no evidence at all of current authority. This could be an old expired licence.
Also the sign near the BB bay says 'Blue Badge Holders only' so the driver was not in contravention of that sign since an occupant of the car was a Blue Badge HOLDER. There were no terms on that sign - nothing about displaying anything and nothing communicating the risk of any PCN nor under what event such a charge (what charge?) could arise. The fact that it was the keeper's Blue Badge which was produced as evidence of her right to have her vehicle parked in that bay was because he keeper was indeed an occupant of the car and with valid business at the Hospital. The badge does not have to be that of the driver, despite the assertion made by MB.
The Equality Act 2010 does state that contracts are UNENFORCEABLE if they cause detriment to a disabled person or treat them less favourably than another person or fail to make reasonable adjustments, or try to restrict the effect of the Act - which is the case here. MB have tried to include in their terms a restriction of the right to use the adjustment of that bay, to BB holders only - and the Act says they cannot. Such adjustments have to be made available without detriment or harassment to people who meet the definition of disability. End of requirement - no need for a Council Blue Badge on private land - it simply cannot apply and a contract term trying to restrict the provision of a disabled bay to a certain section of the 'disabled population at large' is unenforceable. POPLA are also a Service Provider as defined by the EHRC and are considered wholly wrong and in danger of a claim for discriminatory policy (causing actual loss and harassment to a disabled person), to continue to ignore the EA when imposing detrimental decisions upon disabled motorists/passengers.
Finally the second condition of the POFA has not been met because the Operator has failed to issue a Notice to Keeper, compliant with the terms of Schedule 4 paragraph 8, within 56 days of the parking event. There is no excuse for omitting a NTK after a NTD, the Act is clear that it has to be served and be worded in a prescriptive way, in order for keeper liability to apply.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 -
Submitted my reply as above and had the Email to say it's being added to my case file. Now I'm just waiting for the result. Fingers X'd they find in my favour. Thank you all for your help and guidance.
Do I post the result on this thread or did I read somewhere there's a special thread for that?0 -
ideally both
the crabman sticky thread has the POPLA DECISIONS link in it
TOP MARKS for the rebuttals by coupon-mad
and shame on Minstter Baywatch for thinking that only the DRIVER can be a blue badge holder in the eyes of the law when using bays controlled by them (or anyone else for that matter)0 -
Just received the result of my appeal to POPLA.
I'VE WON! :j
Thank you so much everyone for your help and advice.
I'm now going to look for the other thread on which to post the result.0 -
Just received the result of my appeal to POPLA.
I'VE WON! :j
Thank you so much everyone for your help and advice.
I'm now going to look for the other thread on which to post the result.
well done m8 (as if there was ever any doubt !) lol
its here
please post the PPC, assessor and decision in here https://forums.moneysavingexpert.com/discussion/4488337
thank you0
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