Uncle Henry's PCN

Grandad123

Hi. I would like some advice regarding a PCN I received when taking my elderly uncle to his doctors. I parked in the designated disabled area but for whatever reason (my stupidity or the hand of god) the disabled badge holder was left closed on the dash. I appealed the PCN and relied on the good sense of the Parking company, I would even have paid a reduced invoice, but as you can imagine they rejected my appeal and still want their £100. I have appealed POPLA explaining the situation and the appeal will be heard on or before 28th July. As you will understand the old boy is getting a bit distressed and I would like to avoid all the threatening letters and the court case if possible. I think I should put up a bit more of a fight and I think I can add extra information before the POPLA hearing. I have looked at the CAB website and it doesn't seem as clear about the validity of the Blue Badge System parking on private land unlike in Scotland. I am awaiting the 'Evidence' from POPLA but I assume it will be the same as that supplied after my appeal which consists of three very selective photos of dubious quality. One of these shows the PARKING RESTRICTIONS which include the words "BLUE BADGE HOLDERS ONLY WITHIN MARKED DISABLED BAYS", but a convenient shadow just happens to make this hard to distinguish. It makes no mention of the fact the badge has to be displayed. Apparently my violation is "A blue badge was not displayed in the windscreen etc." As the Blue Badge Wallet was clearly on the dashboard marked with the disability sign and about 4" away from where he stuck the PCN and it was in a disabled parking bay reserved for the doctors surgery I think the operator could have reasonably assumed the patient was likely to be disabled. If he had any reservations he could have waited and checked when we came out. Do you think these points are valid and would enhance my POPLA appeal.

Umkomaas

Please sort out that wall of text with some paragraphing! You're likely to get a fuller response with a better set out post.

This isn't texting!

Marktheshark

Is this a complex shared with other shops ?
If its just the doctors then an equality claim might focus their greed in the opposite direction.

ampersand

op - have tweaked your post for ease of reading. As Umkomaas says, you'll receive more/better response.
#
Hi. I would like some advice regarding a PCN I received when taking my elderly uncle to his doctors.

I parked in the designated disabled area but for whatever reason (my stupidity or the hand of god) the disabled badge holder was left closed on the dash.

I appealed the PCN and relied on the good sense of the Parking company, I would even have paid a reduced invoice, but as you can imagine they rejected my appeal and still want their £100.

I have appealed POPLA explaining the situation and the appeal will be heard on or before 28th July.

As you will understand the old boy is getting a bit distressed and I would like to avoid all the threatening letters and the court case if possible.

I think I should put up a bit more of a fight and I think I can add extra information before the POPLA hearing.

I have looked at the CAB website and it doesn't seem as clear about the validity of the Blue Badge System parking on private land unlike in Scotland.

I am awaiting the 'Evidence' from POPLA but I assume it will be the same as that supplied after my appeal which consists of three very selective photos of dubious quality.

One of these shows the PARKING RESTRICTIONS which include the words "BLUE BADGE HOLDERS ONLY WITHIN MARKED DISABLED BAYS", but a convenient shadow just happens to make this hard to distinguish.

It makes no mention of the fact the badge has to be displayed.

Apparently my violation is "A blue badge was not displayed in the windscreen etc." As the Blue Badge Wallet was clearly on the dashboard marked with the disability sign and about 4" away from where he stuck the PCN and it was in a disabled parking bay reserved for the doctors surgery, I think the operator could have reasonably assumed the patient was likely to be disabled.

If he had any reservations he could have waited and checked when we came out. Do you think these points are valid and would enhance my POPLA appeal?
#

There is no POPLA Hearing as such. Did you check the POPLA no. was valid? Have you retained Proof of sending that Appeal? Did you model it on what you've read here? If so, what?

I suspect your Popla appeal is mitigation-heavy, rather than based on MSE tried and tested legal points. Hopefully, you did not use 1st person in your Popla Appeal i.e. did not give away who was driving.

I feel your grasp of procedure is somewhat confused, although you have made better efforts than many. No matter. There's a lot to absorb. The CAB website is not the best guide for you.

Regular posters, such as Redx and coupon-mad among many, are excellent for up-to-date Disabled Badge advice.

Umkomaas

If all you've done is tell POPLA 'your story' (as above), firmly expect a rejection of your appeal. Sorry, but mitigation doesn't work, and while you have concern for Uncle Henry, POPLA will have no such interest.

You need to read post # 3 of the NEWBIES FAQ sticky to learn how to deal properly with a POPLA appeal.

Also, two more sources of advice and help:

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

https://forums.moneysavingexpert.com/discussion/comment/68668291#Comment_68668291

Read from (above) the most recent, backwards, to learn what POPLA Assessors accept as reasons to uphold appeals.

You have the opportunity to add/amend your appeal to POPLA - but you must get on with it well before the date you have been given for the adjudication of your appeal.

Don't waste the opportunity!

nigelbb

If the signs say "BLUE BADGE HOLDERS ONLY" but have no requirement to display the Blue Badge then you are almost home & dry especially as the Blue Badge wallet on the dashboard will clearly indicate possession of a Blue Badge. You just need to make it very clear to POPLA that the conditions were adhered to & that there has been no breach of the conditions of parking g.

The_Deep

Uncle Henry may be in for some unwelcome mail if your appeal relied heavily on mitigation. Did you mention loss, contract, and standing?

Relying on the common sense and goodwill of parking companies is, in my opinion, as efficacious as urinating into the wind.

Can you not cancel your defence and resubmit on well tried grounds?

Redx

just so you are clear on this (plus try reading the blue booklet you get with a badge , you can download it as a pdf) , I will explain the badge in simple terms for you (I have got one myself)

IT HAS NO VALIDITY ON PRIVATE LAND

so it is not valid on this doctors surgery car park, but they tend to insist a disabled person must show it in order to park in the disabled spots, whereas some disabled people dont even qualify for one nor own one

the blue badge is valid on public roads and on council car parks, this was neither

the popla appeal should have been based on the following

NOT A GPEOL
NO CONTRACT WITH LANDOWNER
POOR SIGNAGE

extra points about this BB being on show and a requirement, the issue on the BB signage etc can be added as EXTRA POINTS to this popla appeal

assuming you "told the story" above you are likely to lose at popla , due to you not putting in valid legal points but trying to argue moot points which popla never consider or rule on

you need to send in additional info and add the legal points above to your appeal, especially if you receive the evidence pack from the PPC as you need to refute their pack plus add these legal points in as well

lastly, in future, you need to press the return key more often like I have done to separate the blocks of text into paragraphs , with white space in between (like I have done) , to allow people to read the questions more easily, especially those with dyslexia (so put a bit of thought into your posts, its not hard to press the new line button , thank you)

Grandad123

Thank you all for your replies and advice and apologise for my rambling post. I stand severely admonished and will try to do better.


It will take a while to absorb all the points you have raised and I will try to reply to the specific issues you have brought up.


I was hoping that I wouldn't have to get too complicated but it appears that I need to invest a bit of effort in this issue.


I will try to find my way round the forum to see if I can address you separately.

Grandad123

Sorry. I was a bit flustered, its getting to me.

Umkomaas

Please tell us who the PPC is; this will enable us to give you an idea of the process you might need to adopt should your POPLA appeal fail.