Blue Badge query, re NCP PCN updated post 18

anjumanji

More Hello! I was hoping to pick your brains regarding 2 PCN's I've received in a railway carpark. I have a blue badge and have parked in this station carpark for the past 9 months or so. When the designated disabled bays have been occupied I've parked elsewhere in the carpark with no problems until now. The signage states that badge holders don't need to pay for parking in the designated bays and for some reason I thought it was the same if the bays were full and I had to park elsewhere.


On 3rd March I received a fine for parking without paying, then again on 17th March. On these occasions I wasn't in the designated bays, but was parked with the blue badge displayed.


The carpark is owned by NCP so it looks like a wholly private charge.


I think my understanding from many years ago was to ignore these charges but it looks as though this might have changed now.


Any advice would be really helpful.


ETA, the car is leased from Motability so I don't know if that changes anything.


Thanks!

Herzlos

NCP appear to be in the BPA, and the BPA Code Of Practise says:

16.5
If your landowner provides a concession that allows
parking for disabled people, if a vehicle displays a valid BlueBadge you must not issue it with parking charge notices.

If your blue badge was displayed, they should cancel it.

Appeal to them with the above quote and demand they cancel it or provide you with a POPLA code, who will then cancel it. Also contact the BPA about the breach.

anjumanji

Thanks Herzlos. When I checked the signs in the carpark they actually state the free parking for badge holders is in the designated bays only. Would the above still apply in that case?

Grimble

What does the BPA say? Quoted above.

anjumanji

Thanks, both. That makes sense now I've re-read it.


I will appeal.

Redx

just appeal it using post #1 of the NEWBIES sticky thread, to NCP, with free certificate of posting at the P.O. if posting it

mention a blue badge was shown by the driver as well, but no mentioning who the driver was, you are appealing as keeper , if necessary show redacted copies of the badge too (just the ref number etc, cover the name and picture up

if you have 2 NTK , then send 2 separate but identical appeals with the same info, but different NTK numbers

if you have no NTK , then wait for them and then do the appeals , separately if necessary to avoid delays

if the appeals fail, take both to popla using suitable popla appeals, based on "not a gpeol, no contract , poor signage" etc (post #3 of the same NEWBIES sticky thread)

also complain to the landowner and demand a cancellation (probably the T.O.C.)

COMPLAIN to the government about this too, and ask that the BB scheme be fully extended to private as well as public land

https://forums.moneysavingexpert.com/discussion/5208199

and complain to the BPA as well (details also in that NEWBIES sticky thread)

in fact, almost all the answers you needed are in that NEWBIES sticky thread, save recent developments like the government getting more involved

ps:- you are incorrect in your opening post, no FINE was issued, NCP cannot FINE anybody, all they can do is issue invoices faking pcn charges

Fruitcake

anjumanji wrote: »

Thanks Herzlos. When I checked the signs in the carpark they actually state the free parking for badge holders is in the designated bays only. Would the above still apply in that case?

This is a breach of the Equality Act 2010. Have a search for Fergie's thread about this on his Breach of Equality Act at a hospital if you want to learn more about it. You could contact your MP as he has done as well.

Guys_Dad

Fruitcake wrote: »

This is a breach of the Equality Act 2010.

Don't take this the wrong way, but I genuinely want to know. Which part of the Act is this a breach of?

anjumanji

Hi, just a quick update. A phone call to the NCP has just had them telling me that the BPA is just a set of guidelines and they're not obliged to follow them! They said to park in a non marked bay means taking the space of a fee paying person, therefore you must pay the fee if you want to park there.

Grimble

Did you read the Newbies thread? NEVER PHONE you can drop yourself in it. They will say anything to get your money and you have no proof of what was said, they will have recorded the call.

anjumanji

Thanks for the warning Grimble, however I didn't actually mention any details other than confirming the vehicle reg. I didn't identify myself at all. I only asked whether they had a picture of the car with the blue badge displayed. They confirmed they did. I referred them to the BPA guidelines and the rest is as detailed above.