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Newbie with Parking Charge Ticket in Disabled Bay at UKPC

NasK
NasK Posts: 1 Newbie
edited 28 August 2015 at 7:08PM in Parking tickets, fines & parking
Dear Team,

I have tried to understand the Newbie Thread for Parking but would still kindly appreciate some specific advice. I parked in a disabled bay for a few minutes to pick something up, I do not have a blue badge and there were lots of disabled spaces available. The parking charge was issued in a UKPC car park and the bay was clearly marked as disabled, so appreciate its my mistake is there anything I can do to mitigate the cost of the charge? Should I raise my challenge with UKPC or POPLA reg loss of earnings brought upon by my parking ? I am aware that there has been some changes to the Keeper of the vehicle being liable to charges since 2013 when the Newbie thread was created.

Thank you in advance for your help.
«13

Comments

  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The Newbies Sticky is kept fully up to date, most recently only a couple of weeks ago - There are no changes to speak-of!

    And there have been no changes in Keeper Liability since 2013 - That happened in 2012 and precipitated the initial creation of the thread!

    Simply follow the steps outlined in the thread.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    yes you can appeal it using the details in the template letter in the NEWBIES sticky thread, including the usual grounds

    no landowner contract
    bad signage
    not a gpeol
    ntk not pofa 2012 compliant

    but those spaces are provided by law for people who qualify under the ea2010 , not for anyone else, so there are no mitigating circumstances at all unless you have a qualifying medical condition, so it appears that what you did is a no no , end of

    and POFA 2012 came into force in oct 2012 , not 2013 , which can make the RK liable for the charge

    lastly, popla are not accepting new appeals, so any appeal is via popla to the Ombudsman Service from oct 2015 (see the popla site for details)

    how will this affect your appeal ?

    NOBODY KNOWS
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    ... there are no mitigating circumstances at all unless you have a qualifying medical condition, so it appears that what you did is a no no , end of


    Not necessarily, if OP was in the car the whole time he was depriving no disabled person of a space. How I hate that phrase "end of", it is so common.
    You never know how far you can go until you go too far.
  • The_Deep wrote: »
    ... there are no mitigating circumstances at all unless you have a qualifying medical condition, so it appears that what you did is a no no , end of


    Not necessarily, if OP was in the car the whole time he was depriving no disabled person of a space. How I hate that phrase "end of", it is so common.

    How is the OP not depriving a disabled person of a space?

    Keepitlegal
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    How is the OP not depriving a disabled person of a space?


    "was" not "is", simple, there was no disabled person present.
    You never know how far you can go until you go too far.
  • The_Deep wrote: »
    How is the OP not depriving a disabled person of a space?


    "was" not "is", simple, there was no disabled person present.
    Sorry should have said 'was'.
    OP said at the time of parking there were lots of disabled spaces available, doesn't mention if there were still lots of available spaces when they discovered they had a PCN, you state, "if OP was in the car the whole time he was depriving no disabled person of a space" whether the OP was in their car or not makes no difference whatsoever to depriving a disabled person from a space. OP parked in a known disabled space and knew they shouldn't have, we are here to help others save money but not at the expense of law abiding citizens.
    My advice is pay up and stop abusing disabled spaces.

    Keepitlegal
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 30 August 2015 at 5:57PM
    My advice is pay up and stop abusing disabled spaces.

    With the greatest possible respect, (and I mean that sincerely), your advice sucks.

    Yes, the OP parked where he should not have done, but the PPC are trying, unlawfully, to gouge a large sum of money out of him when his actions have caused neither themselves nor their principal any losses. Blue badges have no meaning on private land.

    The Law of Contract applies here, and the Law states that this company is entitled to liquidated damages to compensate them for their losses, for which they have to account. It is they who are guilty of abusing the law.

    As Bazster has had occasionl to admonish you in a recent thread for giving poor advice, might I suggest that you live up to your name and acquaint yourself with the legal position before giving advice on parking.
    You never know how far you can go until you go too far.
  • NasK wrote: »
    Dear Team,

    I have tried to understand the Newbie Thread for Parking but would still kindly appreciate some specific advice. I parked in a disabled bay for a few minutes to pick something up, I do not have a blue badge and there were lots of disabled spaces available. The parking charge was issued in a UKPC car park and the bay was clearly marked as disabled, so appreciate its my mistake is there anything I can do to mitigate the cost of the charge? Should I raise my challenge with UKPC or POPLA reg loss of earnings brought upon by my parking ? I am aware that there has been some changes to the Keeper of the vehicle being liable to charges since 2013 when the Newbie thread was created.

    Thank you in advance for your help.




    £100 ticket!!!!


    this is what they do in brazil


    https://youtu.be/RfRTUFeIPX4




    https://youtu.be/y7fWYxRq34g




    yes shame people and laugh at them
  • Umkomaas
    Umkomaas Posts: 43,632 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Paying a private company a penalty @keepitlegal? They have no more right to this than the OP had to a disabled bay.

    What I recommend the OP does once we've helped him/her off this charge is to make a nice contribution to a charity that provides some kind of support to disabled people - but not to the extent of £100, which is totally disproportionate to the 'crime'.

    This would be much more helpful and positive advice, and in the spirit of this forum, for you to offer to future OPs in similar circumstances, than suggest they pay any PPC!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • You must deal with the FACTS and not make assumptions, the OP parked in a marked disabled space and has made no mention of having a disability covered by the EA2010, the OP never said weather they left the vehicle or not, this is something you brought up, the OP knows they should not have parked in the disabled space, the disabled spaces are there for disabled people to use (I know there is one requirement for a BB).

    With reference to the bazster fiasco, if you take the time out to read that thread you will find that I was indeed correct, it was bazster who was wrong but won't admit it, it's getting tiresome but if you read the proper legal advice giving to the OP on the forum I suggested you will see yet again that the advice I gave was correct.

    Parking in a disabled space in either a private or council car park will attract a PCN if you dont have a disability.

    Keepitlegal
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