Asda / Smart Parking / Disabled Bay

cufc2k4

Having done some research, read the Newbies post and read up on BEAVIS etc, I got a little lost.

Simply put, I parked in Asda with a newborn but all kids spaces were taken, but literally 2 meters away were many free disabled spaces and I parked there. I appealed (see below) and lost (obviously) and now have untill the 31/07 to pay. I have been gibven a IAS code and informed about POPLA.

What is my next step? From reading I dont ignore anymore?

[FONT=&quot]28th June 2015[/FONT]

[FONT=&quot]Smart Parking Limited[/FONT]
[FONT=&quot]Unit 43 Elmdon Trading Estate[/FONT]
[FONT=&quot]Bickenhill Lane[/FONT]
[FONT=&quot]Marston Green[/FONT]
[FONT=&quot]Birmingham[/FONT]
[FONT=&quot]B37 7HE[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Dear Sir or Madam,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Parking ticket number: TE3260####[/FONT]
[FONT=&quot]Vehicle registration number: #### ###[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I am writing to make a formal appeal with regards the above parking ticket. I request that the fine is put on hold whilst the appeal process is undertaken. This letter is in addition to my completed appeal form, which is enclosed. I am making my appeal due to the following reasons:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]There are mitigating circumstances to explain why I parked where I did so I am requesting that the fine be waived for this reason. I had a 3 week old child in the car with my partner whom had undertaken surgery as part of the birth, who was struggling to walk and needed to park close to the entrance to aid her. We had gone to park in the ‘Parent’ bays to find them all taken, but several spaces 5meters away were available marked for disabled persons, and with a child seat in the back visible to parking attendants. I had also to visit the local A&E drop in clinic with a grade 2 tear of the calcaneofibular ligament on my left ankle- p[/FONT][FONT=&quot]lease see attached evidence, as proof of my appeal. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]While I understand the disabled bays are usually reserved for those disabled, I am appealing on the grounds that two of the travelling party were carrying disabling injuries, that all ‘Parent’ bays were taken (having been blocked in and not been able to get the child seat in last time I parked in a regular bay) and that there were over five disabled bays free and no ‘Parent’ bays that there could be some commons sense and leniency could be applied in this case. I attach evidence of my injury check-up, and look forward to your response.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Yours faithfully,[/FONT]

[FONT=&quot][/FONT]
[FONT=&quot]###
[/FONT]



Many thanks for your help

Redx

you wont win at popla on mitigation , especially not in the light of your post above

those bays are provided by law for people who qualify under the Equality Act 2010 , so if you dont qualify , you dont park there, they are duty bound by law to stop people who dont qualify parking there, even if they are all vacant , so in future dont park in those spaces unless you have a recognised disability (like I do)

popla dont even consider appeals under the EA2010 , as they consider that those people who qualify under the EA2010 will take their own action by suing the PPC and landowner

The EA defines disability as "a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out day-to-day activities."

What ‘substantial’ and ‘long-term’ mean

• ‘substantial’ is more than minor or trivial - eg it takes much longer than it usually would to complete a daily task like getting dressed
• ‘long-term’ means 12 months or more - eg a breathing condition that develops as a result of a lung infection

yes you should appeal to popla, on the following bullet points

NTK not POFA 2012 compliant
no contract
poor signage
not a gpeol

Hot_Bring

Errr .... you can't have been given an IAS code AND informed about POPLA. I suspect you mean you have a POPLA code. So now create your POPLA appeal as per the Newbies thread.

cufc2k4

Hot_Bring wrote: »

Errr .... you can't have been given an IAS code AND informed about POPLA. I suspect you mean you have a POPLA code. So now create your POPLA appeal as per the Newbies thread.

"If the PCN was issued in England and Wales on or after 1st October you now have the right of appeal to an independent appeals service (POPLA). If you wish to make an appeal to POPLA the forms are available on their website at ####

The verification code you will need in order to appeal to the Independent Appeals Service is ####"

Redx

you can read what smart and asda say about those bays in this thread here

https://forums.moneysavingexpert.com/discussion/comment/68776284#Comment_68776284

in the meantime , start preparing a legal argument popla appeal (not mitigation)

Umkomaas

There is a significant difference between:

an independent appeals service

and

the Independent Appeals Service

The generic versus the specific.

One might be POPLA, the other definitely isn't.

cufc2k4

Umkomaas wrote: »

There is a significant difference between:



and



The generic versus the specific.

One might be POPLA, the other definitely isn't.

I wrote it exactly as it was put in the letter, hence why I have got confused by the matter, to me independent appeals service (POPLA) and Independent Appeals Service come across as two different things, the latter being a proper noun for a start?

Redx

the problem is confusing because the IPC called theirs the IAS , which means the above , but the BPA call theirs popla, which is a different IAS , both are a form of ADR, trust the IPC to confuse the issues

anyway, you still need a proper popla appeal as your mitigation will be thrown out

you can complain to asda and try for a cancellation based on your "mitigation" , but it wont wash with popla

Redx

mmm , it seems to me that you have also given away the driver too

therefore you may not be able to use the RK getout of the NTK not being compliant, you will need to research that due to dobbing in the driver

the other appeal points are valid though

Umkomaas

@OP. Hope you're getting there? The more you discover and understand this stuff, the better you will be able to deal with your parking charge.

And who knows, if you feel the confidence from learning 'the knowledge', once we've helped you get off this charge, you'll come back and assist on the very thin line of regulars helping motorists every day of the week on private parking charge issues, almost 24 hours a day.

Most of the regulars graduated via the same route you are presently travelling.

cufc2k4

Redx wrote: »

the problem is confusing because the IPC called theirs the IAS , which means the above , but the BPA call theirs popla, which is a different IAS , both are a form of ADR, trust the IPC to confuse the issues

anyway, you still need a proper popla appeal as your mitigation will be thrown out

you can complain to asda and try for a cancellation based on your "mitigation" , but it wont wash with popla

Thanks. I understand now, more especially after reading your extracts and links, that mitigation wont wash. Is a popla appeal likely to be successful? I understand 49% are, but in this case is it better for me to pay £40 rather than possibly pay more later on? The popla thread off the newbies is pages of successful appeals, but is there a template somewhere I can use?

Signage at location is good to be fair, white lines consistent and visable so that wont wash...

so im looking at:
NTK not POFA 2012 compliant
no contract
not a gpeol