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NEWBIE: HELP! PCN for parking in disabled space

Hi everyone,

On Saturday I received a pcn for parking in a disabled bay without properly displaying a blue badge. I paid for my stay but came back to a ticket on my car. The charge is £100 or this is lowered to £60 if i pay within 14 days. I feel that this is very extortionate as the max I could have paid in the car park is £10!

I was with my mother who has a blue badge we simply forgot to put it out. When my mother applied for the blue badge she put down her car registration and mine so that it is registered as being used by a blue badge holder. So surely that alone should make them over turn it?

I had a pcn overturned before but this was simply overstaying in a free car park (parkingeye). So should I just go down the same route as that or should I call them and state that the car is registered and the blue badge was just forgotten?

Any advise is much appreciated.

H
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Comments

  • Sorry, I forgot to mention that the company is PARK WATCH
  • Umkomaas
    Umkomaas Posts: 44,390 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please read the NEWBIES FAQ sticky near the top of the forum index (one page back from here).

    You do need to read and understand that sticky as you will have to do a bit of work to get rid of your problem. We will help and guide you, but won't be able to do it for you, so the more knowledge you gain about how to deal with this, the better you will handle it, and the more likely you will be successful.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Hi Umkomaas,

    Thanks for your response. I read the below which suggest that (as i received the pcn as a windscreen ticket) that I should just leave it and wait for something to come through in the post. The only thing I am worried about is if I leave it over the 14 days then I will be charged £100 instead of £60 which I really can't afford.

    'Appealing a fake/private PCN (England & Wales ONLY)

    Windscreen ticket? = STOP!!

    Consider waiting for the postal 'Notice to Keeper' in MOST cases, unless it is NCP or Meteor or WING or a small PPC like 'JAS' or 'JD Parking Consultants' or 'UCS parking Ltd' or 'P4Parking aka Nighthawk' who faff about sending debt collector letters and don't even send a NTK. If so, latest advice is to avoid the debt collector rubbish and in the case of the firms listed above, appeal after around 21 days but as the KEEPER, not driver, using the same template below. Start a new thread if unsure about 'your' PPC - we can tell you if they are 'small fry' or you can search the forum for their name and read about other people's recent experiences of appealing their tickets first, to see if they do issue a Notice to Keeper or dive straight into 'debt collector threatograms'.

    In most cases, only send an appeal or challenge when the PPC send you the postal 'Notice to Keeper' (NTK) or 'reminder to keeper' or Parking Charge' or 'charge notice' or whatever they call their first letter. If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to) the Notice has to arrive by day 15 if there was no windscreen ticket, and between day 29 and day 56 if there was a windscreen ticket. Some firms (e.g. Civil Enforcement, Smart Parking and some small PPCs) don't even bother with POFA2012 so the keeper is not liable - obviously the keeper is the only person identified in your appeal then! '

    Thanks
  • Umkomaas wrote: »
    Please read the NEWBIES FAQ sticky near the top of the forum index (one page back from here).

    You do need to read and understand that sticky as you will have to do a bit of work to get rid of your problem. We will help and guide you, but won't be able to do it for you, so the more knowledge you gain about how to deal with this, the better you will handle it, and the more likely you will be successful.

    You wont pay anything if you follow the advice in the sticky. I think you maybe like I was when I and my partner received 4 PCN,s in 1 day (same place and times), panicking. Please don't stress and just read the "NEWBIE" threads.

    There is no need to worry, all will be fine if you follow the steps. You do not have to pay them a thing because they cannot justify it.

    I,m sure the very helpful people here will help you along your way once you have read and understood the the above threads.

    Just remeber you owe them "NOTHING"
  • Umkomaas
    Umkomaas Posts: 44,390 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes, advice in almost all windscreen ticket PCN cases is to await the NtK as it provides more hoops for the PPC to jump through (and better protection for the motorist). So you've got a bit of time to get your head around all this as the NtK shouldnt arrive until the period day 29 to day 56 after the parking event.

    You've made a good start in picking up from the sticky the need not to act hastily. Use the time until receiving the NtK to do more reading of the sticky - the better prepared you are to deal with this, the greater likelihood of success.

    Please don't be panicked/seduced by their 'ever-so-kind' offer of a discount. If you owe them nowt, then nowt can't be discounted!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • I am just a little apprehensive about doing nothing and waiting for them. I would have thought it would just be easier to send them the generic appeal in the Newbie FAQ sticky as early as possible. Or call and explain about the blue badge being forgotten and letting them know the car is registered.
  • tykesi
    tykesi Posts: 2,061 Forumite
    1,000 Posts Combo Breaker
    You really need to listen to the advice being given, the regulars on this forum know EXACTLY what they are doing and give up their own time to help people in situations like yours. By not listening to them you are throwing their advice in their faces, not very fair considering they are offering it to you for free!
  • I am merely asking for opinions. I am by no way throwing anyone's advice in their face. I have read the newbie section but none of it makes reference to people in disabled parking spaces specifically and looking online the popla seem to rule in the companies favor with regards to disabled bays.

    Personally I don't see how waiting for a letter and then sending an appeal or sending it now makes any difference. Apart from me being stressed for the next 29-56 days with the threat of £100 fine looming over my head.
  • tykesi wrote: »
    You really need to listen to the advice being given, the regulars on this forum know EXACTLY what they are doing and give up their own time to help people in situations like yours. By not listening to them you are throwing their advice in their faces, not very fair considering they are offering it to you for free!

    You really do not need to worry. The advice already given is what you need to do.

    I was the same as you 5 days ago. But I took the advice,I took my time to digest all the info given in the "NEWBIE" threads.I know there is a hell of a lot,but if you take your time you will begin to understand why you have nothing to worry about the actions of the PPC's and how they will try to flease you of your hard earned cash.

    I personally am looking forward to my next stage (POPLA) if it even reaches that level. If you do everything as instructed in the "NEWBIE" threads you will have nothing to worry about. Read some of the latests posts on just how bad these company are and the company's who employ themconvieniently turn a blind eye to the PPC's actions. You may even find it addictive. I cant stop reading/researching about everything PPC. With a bit of luck they will all soon be out of business


    http://parking-prankster.blogspot.co...max-results=50

    Have a read

    Chill Winston :)
  • spikyone
    spikyone Posts: 456 Forumite
    Part of the Furniture Combo Breaker
    Relax. It's not a fine, it's a speculative charge, and it will be cancelled by POPLA. You mention POPLA ruling in the PPCs' favour - have you read the POPLA decisions thread on here? With the right advice, it's as good as guaranteed that you'll beat Parking Eye - they don't even submit evidence if you appeal to POPLA with the winning points, because they know they will lose.


    The reason you'll be advised to wait for the NtK is that it allows you to appeal more easily as keeper, rather than driver. This means that Parking Eye have more chance of slipping up and making schoolboy mistakes.


    And as for appealing to PE's better nature, remember three things:
    - Parking Eye are a private company, who have no way to check whether your blue badge is 'linked' to the car
    - Blue badges don't even apply on private land
    - Most importantly, Parking Eye are a bunch of nasty scammers and they won't actually care. All they want is your money. You really are dealing with an unpleasant company here.


    Please, stay calm, and follow the advice in the sticky. You won't be paying any money if you follow the guide - not even £60. Their 'cut-price' offer is designed to make you rush into acting in haste and you really don't need to.
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