Blue Badge query, re NCP PCN updated post 18

Redx

anjumanji wrote: »

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.

whilst I appreciate the details regarding the blue badge etc on page 1 , the above is nothing like a popla appeal

it would be great if popla did consider the equality act and blue badges, but as they have not done so thus far, you need to appeal on the usual legal arguments of , not a gpeol , no contract, poor signage etc

you can also leave in the above equality act and blue badge content, but as an additional point

so now you need to focus on a popla appeal containing all the usual arguments, adding the above as a last point

come back with your popla appeal draft for critique

I wish you could win at popla with statements like the above, but in my opinion a single point appeal like the above is doomed to fail

also , I hope you have done what people have said and complained to the BPA (post #6 of the newbies thread) too

anjumanji

Thanks for the reply Redx. I'll take your suggestions into account and redraft my appeal.


I did call the BPA to complain and was told that it's up to the operators how they implement the code. So if they limit it to marked bays then the driver has to abide by that.

Redx

well then , in future please come back with replies to all the info you have been asked to do, that we we know more and can help you better

I hope you will complain within the next week or so (before the may expiry date) to the government survey about this ?

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

you should also consider taking the landowner and NCP to the small claims court for breaking the EQUALITY ACT 2010 too (similar to fergies MCOL about the hospital)

https://forums.moneysavingexpert.com/discussion/5049715

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also, here are some popla appeal examples for inspiration

http://forums.moneysavingexpert.com/showpost.php?p=62180281&postcount=15

The_Deep

As a BB holder myself, I am all in favour of parking concessions, but I fail to see why they should be free.

Because I have a gammy knee, it does not mean that I am skint, I can pay my way. Why also should I get a free pass on the Severn crossing? This is all just political posturing.

Fruitcake

The_Deep wrote: »

As a BB holder myself, I am all in favour of parking concessions, but I fail to see why they should be free.

Because I have a gammy knee, it does not mean that I am skint, I can pay my way. Why also should I get a free pass on the Severn crossing? This is all just political posturing.

I agree. A concession for a disability and the ability to pay for something are separate items and should be assessed separately. However, if there is a concession for parking it should be applied equally and fairly.


So, free parking, or more time for the same money for disabled drivers to park must apply whether the vehicle is parked in a disabled bay or an ordinary bay, or not apply at all irrespective of where the vehicle is parked, in my opinion.

DCodd

The_Deep wrote: »

As a BB holder myself, I am all in favour of parking concessions, but I fail to see why they should be free.

Because I have a gammy knee, it does not mean that I am skint, I can pay my way. Why also should I get a free pass on the Severn crossing? This is all just political posturing.

Being entitled to a concession doesn't mean you have to use that concession though. If the circumstances dictate that you have to, you can always donate the money saved to some good cause or other.

I would assume a blanket concession is cheaper to administer than a means tested one.

keepitlegal

It MAY be a breach of the EA2010, it's my understanding the fergie has not started court proceedings yet.

Keepitlegal