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Blue Badge query, re NCP PCN updated post 18
Comments
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You have got to realise you are not dealing with fine upstanding companies. Follow the Newbies thread and do not over think this, they are easily seen off with the right approach.0
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Guidelines? It's a code of practice. Compliance with the COP or their ATA is a requirement for access to keeper details from DVLA.
(Not that either BPA or DVLA will care).0 -
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.
They'll tell you anything over the phone - they just want you to pay. They will be a bit more reluctant to outright lie in print (though they'll stretch the truth as far as possible). Following the guidelines is a requirement of their DVLA access and likely contract with land owner.
Don't phone them again, appeal through the normal channel and complain to both the BPA and the DVLA.0 -
Try and get them to say that they don't have to abide by the Code of Practice in writing.
I suggest you write to confirm the details of the phone conversation and could they please confirm in writing that they are under no obligation to abide by the BPA Code of Practice, and that they are unwilling to abide by clause 16.5 in this particular case.
If they put it in writing you could have a field day with the DVLA.Je Suis Cecil.0 -
Please take the advice just above
Ralph:cool:0 -
Indeed. Clause 16.5 includes the critical phrase must not, and does NOT include any caveat about this only applying to specific disabled bays.
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I received a letter rejecting my appeal. So I've drafted the following for the POPLA appeal. I would appreciate it if you could take a look before I submit it. Thanks
I am appealing this charge because the vehicle was parked in the carpark while displaying a valid Blue Badge. NCP are members of the BPA and as such their code of practice states that Blue Badge holders must not be charged for parking if the land owner provides a concession, see below:
Taken from BPA code of practice: Section 16.5 "If your landowner provides a concession that allows
parking for disabled people, if a vehicle displays a valid Blue
Badge you must not issue it with parking charge notices."
There is no caveat to say that this applies to named or marked bays only.
On the day in question the marked disabled bays were already occupied so the car was parked in one of the standard bays.0
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