POPLA - Is this is good argument

fredsmith55

I live in a block of flat in a public area within Gloucetser Docks, all the surrounding area is run by NSGL who are BPA and POPLA registered. They have a large sign with clear text but no night light (although our offense was in the day time) stating


Parking is for tenets only
30 minutes maximum
No return
ARPN in use
Fully popluated with BPA and POPLA badges

They also have lot of smaller other sign on the land, again with no badges.

They have no disabled spaces.

[FONT=&quot]My mother visited this space directly outside of my flat with her disabled partner and displayed a valid Blue Badge and paked for a period of 1 hours, of course NSGL and it ANPR sent her a ticket. We appealed to NSGL and were refused saying my mother should have dropped off the disabled person and then found parking on her own. How stressful would this been given that her partner has suffered a triple heart by-pass and a stroke and has been left unable to talk or communicate with her partner. This is totally shocking behaviour on the part of NSGL!!![/FONT]




I have tried to contact the land owner with the letter below, would this also be a good template for the POPLA appeals forms.

Hello land owner,
I hope you are the correct person to help or can guide me in the direction of the correct person. I am a tenant in Flat ***************** and I am wondering what the disabled parking policy is for the land directly outside my flat. I have contact NSGL parking who said disabled parking is an issue for the land owner and not his parking company so he will continue to enforce tickets upon any disabled parking because his system of issuing parking tickets involves the use of an ARPN system.

What this mean in real terms is that I now live in a flat where my disabled step-father of 67 is unable to visit me because it is impossible for him to walk any further than 20 meters and the nearest car park is at least 500 meters away and is always full including the disabled spaces. This is clearly discrimination based on his disability and is very upsetting for myself and for my step-father.

I quote from The Equality Act 2010
The Equality Act 2010 says that providers of services to the public must make ‘reasonable adjustments’ to remove barriers which may discriminate against disabled people.

And I quote from the British Parking Association

‘Reasonable adjustments’ to prevent discrimination are likely to include larger ‘disabled’ parking spaces near to the entrance or amenities for disabled people whose mobility is impaired. You and your staff also need to realise that some disabled people may take a long time to get to the payment machine.

Although a Blue Badge is not issued to all disabled people it is issued to those with mobility problems. So it is a good way for parking operators to identify people who need special parking provision.

This confirms that the land owner/car park must provide disabled parking and for this parking to be close to the amenities in my case my flat however NSGL is refusing to back down because the disability responsibilities are with the land owner and not his parking company. The real fact I believe is because his ANPR system cannot recognise the blue badge holders and this new policy has come into effect at the same time as the new ANPR system.

Now I am trying to find the land owner to see what can be done to allow my 67 year old disabled step-father to visit my flat without discriminating based on his disability.

If only we could be allowed to park outside the flat while displaying our Blue Badge which would verify our disability then this situation could be resolved. My step-father only wants to visit my flat one a week for a maximum of 1 hours which does not seem an unreasonable request give his illnesses

This is a very stressful situation and is causing us much grief. I am very much hoping that there can be a simple solution that works for everyone.

Thanks you very much



Mr fred

pogofish

No it would not.

PPCs and POPLA don't particularly care about the actual facts of your case and appeals based on that will almost inevitably fail. Identifying the driver is also not a particularly bright thing to do. Appeals are best made by the registered keeper, with no reference to who was actually driving.

Stick to the points and procedure outlined in the Newbies Sticky and the POPLA victories threads - they do work.

It is however a good etter to hit the landowner/managment company with as they would be held jointly liable with the PPC in any EA-based action - and do copy it to to your local EHRC office in anticipation of a proper complaint. However you do need to remember that a Blue Badge has no legal meaning on private property - The Equality Act provisions apply to all disabled people, regardless of their having a badge.

And if that is your real name at the end of the letter - REMOVE IT NOW as PPCs do trawl this forum looking to glean info to use against people.

fredsmith55

land owner said jog on..

[FONT=&quot]Good Afternoon Mr fred smith
[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The Docks Estate is private land and as such the terms of holding a Blue Badge do state that on private land it is for said landowner to provide any permissions. As such we have always maintained the Docks as a no parking zone for the comfort and safety of all tenants and visitors . NSGL are merely enforcing a set of regulations laid out to them in their contract so in this regard they are correct it is not their responsibility to authorise your request. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The parking regulations have been in place for many years with the unloading / loading times / grace periods can I please enquire as to how long you have lived here and whether your landlord / Estate agent / conveyancer etc has highlighted any restrictions? I ask not because of your particular query but because I’m trying to ascertain where the gaps in communication may be for new occupiers. The ANPR system works on number plate recognition and nothing else so no it would not recognise a blue badge. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I will discuss this with the GDECL Directors and get back to you.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot][/FONT]

fredsmith55

Equality Advisory Support Service said it was clearly discrimiation based on his disablity but not some thing they could help with due to the disabled person not being the house owner.

pogofish

The land owner can not!

Sounds like EHRC, your MP and the local press might be worth involving then.

fredsmith55

Think I will need to use the techical points in the threads.

pogofish

Hopefully Coupon Mad will be along soon - this kind of thing is right-up their street!

fredsmith55

hopefully he can help because putting together a techical letter is going to prove difficult espeical now that we have amitted to drive the car.

fredsmith55

shame that it was not at night time otherwise it would have been an easy win no light on sign = no right to enforce policy.

Umkomaas

fredsmith55 wrote: »

hopefully he can help because putting together a techical letter is going to prove difficult espeical now that we have amitted to drive the car.

He can't, but she can.

fredsmith55

Sorry that I misgender her, I hope that she doesnt take it personally.