Uncle Henry's PCN

Redx

if copying and pasting onto this forum, copy and paste into notepad first, save it, then copy and paste from notepad into the forum , to stop formatting errors

as for court cases, small claims cases in county court are limited time and possibly an hour at most , so it would not last weeks, sorry to say

good luck with the appeal, just make sure all the legal points are covered, that is all an assessor will look for , not any waffle or mitigation (unfortunately)

Coupon-mad

I am assuming the evidence CPM will submit to POPLA will be the same as they sent to me after my appeal to them. POPLA have said CPM should send me their evidence but I don't want to wait for them. They will probably say they have sent it already.

No it won't be the same - you will get the evidence so you'll see (I assume the appeal has been done in the name of the keeper but with your email).

Grandad123

Hi Coupon-mad. As it happened I asked POPLA about the evidence and they said it wouldn't come to them until the 21st. Strange how would they know that?


Anyway this makes it a bit tight if you want to challenge any evidence as the appeal is due 28th. On reflection the points I made about their evidential photos are probably not that relevant anyway so I will either remove them or rephrase them. David Baily he wasn't, so its probably just a 'coincidence' they are heavily biased in their favour.

Grandad123

Hi Redx. Thanks for the procedure for uploading. I was beginning to suspect my WORD was one of those Chinese versions.


Unfortunately I have a natural tendency to waffle but I will try to curb my urges.


If the hearings only lasted for a couple of hours Henry would still be on the oath. Do I promise what? What do you mean hole in the roof etc.

Redx

Grandad123 wrote: »

Hi Coupon-mad. As it happened I asked POPLA about the evidence and they said it wouldn't come to them until the 21st. Strange how would they know that?


Anyway this makes it a bit tight if you want to challenge any evidence as the appeal is due 28th. On reflection the points I made about their evidential photos are probably not that relevant anyway so I will either remove them or rephrase them. .

any PPC evidence pack is normally present 7 to 10 days before the "decision date"

given that popla have process over 50 thousand appeals so far, its not surprising if a pattern emerges from PPC`s , whho are bound to leave it as late as possible

Grandad123

Quote:
Given that popla have processed over 50 thousand appeals so far, its not surprising if a pattern emerges from the PPC`s , who are bound to leave it as late as possible.


Thanks for the explanation. With my old suspicious hat on it smacked a bit of collusion.


With my newly acquired legal hat perhaps they should have rephrased their reply "We are not receiving evidence from XXX until XXX" with the words 'We would not normally receive XXX'.
You've trained me too well.


Anyway that's bye the bye. I will just have to use my judgement as to when to submit my revamped appeal. I don't want to leave it too late but I would like the opportunity to challenge any evidence they provide.


When all this is over I might think of suing them for my loss of sanity but I might have to prove I had some at the onset.

Grandad123

Hi. I have been doing some homework while waiting for my Appeal date and I came across this on the doctors' website. Does this blow my case out of the water or is this correct.
Parking at Crown Heights

We have received reports recently of patients being awarded fixed penalty parking notices for parking outside of the designated car parking spaces in the underground car park. These "parking tickets" are being awarded by parking wardens appointed by the landlord, who are responsible for ensuring that the car park is a safe place for residents and legitimate visitors.
Investigation has revealed that the reason that many of our patients cannot park is due to other residents, commuters and even shoppers parking in patient and doctor parking spaces, reducing our capacity for parking.
It is with regret that we too have had to employ a similar company to ensure that our interests are looked after and that our patients are able to park legitimately in the spaces allocated to them in a space not occupied by individuals not visiting any of the practices on site.. This service will come into place from 24th March 2014.
When visiting the practice in future, please only park in those spaces designated for patient parking, do not park in a disabled space unless you have a blue disabled badge, not not park in a doctor space unless you have a permit and under no circumstance should you park in the thoroughfare or on the slopes leading down to or up from the car park.


Although it still doesn't say a BB must be on display it does infer there is some sort of contract with CPM so that would eliminate that particular appealing point.

Redx

bear in mind that the BB isnt valid anyway on private land

bear in mind that no private parking company can issue penalties or fines , only invoices

maybe the practice has its legal terminology mixed up, so bear in mind that if they provide spaces for disabled people under the EA2010 then they have a DUTY to provide them for ALL disabled people that qualify under the EA2010 act, not just BB holders which they infer above

if they dont , they are actively discriminating against those disabled people who qualify under the act but DO NOT QUALIFY for a BB

I suspect they have not kept up to date with the laws of the country , like the EA2010, many dont, as can be seen where fergie76 is taking on a TRUST for similar reasons

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

they should not be targeting people with a legitimate reason for being at that surgery , like people with appointments etc, they should also retain the right to cancel charges as well

also the BPA CoP indicates that a PPC should not ticket BB holders

the PPC and the landowner (surgery) should have cancelled the charge once the BB was produced and proof of patronage shown (appointment details etc)

or does the surgery want a counter claim under the EA2010 ? (minimum £500 payout)

if they are going to issue statements like that they should at least have them vetted with a qualified legal eagle looking them over for errors

write a letter of complaint to the practice manager and ask them why they are giving out this statement in contravention of the EA2010 that became law in 2010 and will be used against them in an EA2010 counter claim if this goes to county court, where they will be called upon to attend and explain themselves to a judge , so they better cancel this charge tout de suite

Iceweasel

That's a load of pure codswallop.

Especially the bit about a 'fixed penalty parking ticket'.

Just who the hell do they think they are threatening penalties.

They have no such authority.

And despite any cr*p they may infer - a Blue Badge has no legality/standing in private parking areas.

As has been said many times before - demanding a BB discrimiates against all those other people with special requirements who do not qualify for a BB - so demanding one is a contravention of the Equalities Act.

So it changes nothing - fear ye not.

All these signs that decorate the car parks around the country or are posted on web-sites are meaningless and unenforceable..

Grandad123

Thanks for your comments. I am glad you did not consider it affected my appeal, but I may give it a small tweak.


Whilst waiting to put in my appeal I came across this bit on their website as I am trying to find a way of stopping this situation happening to someone else, which is my longer term goal.


I am trying to contact the practice manager to see if it possible for them to cancel invalid CPN's. It would be a bit tricky as you couldn't expect the receptionist to make an assessment of the validity of the PCN. At the moment they will only give a confirmation of appointment. After that you are left out to dry.


The most likely action of a person on receiving the PCN is to go to the reception desk and this is the point that suitable advice should be given. There was another victim there when went. As I am trying to get some cooperation from the Practice Manager I will leave any threats of litigation until later on. Unfortunately he/she is proving to be elusive at the moment, it's quicker to get a doctor's appointment, but it may be worth the wait.


I am not sure, but I think my initial post may have been edited out as I used the Wexxx word from the previous poster. I am not sure if it was a comment on the quality of joke or deemed to have broken the code of conduct of the forum. Or maybe I just forgot to press submit.