Parking charge notice - disabled space

debtfreeian

Hi maybe this is too late but thought I'd ask. We recently entered a parking eye carpark and sat waiting for 17 minutes for a disabled space. It was a busy day as it was a local university open day and no space became available so we left.

The carpark was hard core with no line markings. We appealed which was obviously rejected arguing that we didn't park as no suitable space was available. We supplied photos of the disabled badge and explained that the car is a notability vehicle.

I've read the stickies. Is this worth pursuing?

Thanks

Coupon-mad

POPLA stage, of course proceed with that. No-one pays ParkingEye without trying a POPLA appeal.

Yours will be just like all the others about 'lack of grace period appropriate for someone waiting for a disabled space' and you can adapt a POPLA appeal you will find when you search the forum for:

'POPLA ParkingEye grace period observation Kelvin Reynolds'.

You will need to lay it on thick that the extra minutes must be allowed as a 'reasonable adjustment' under the Equality Act in waiting for a specific disabled bay which was not available at all, after all, and the driver then gave up and left, having never parked not accepted any contract.

Did you admit which of you was driving, did you choose 'driver' in the drop down box rather than (the forum recommended) registered keeper?

Did the PCN arrive by day 15 and does the back have a para about the POFA/29 days and keeper liability?

The_Deep

Quote this court Judgement to them.


http://parking-prankster.blogspot.com.es/2014/03/waiting-for-space-is-not-parking.html

debtfreeian

Hi and thank you for the responses. I must admit I cannot remember if I said I was the driver or the registered keeper.

The letter from Parking Eye was received in good time and contains the POFA/29 day details. I assume its a POPLA appeal as the next step detailing disability discrimination and no parking spaces?

Thanks all.

Redx

any popla appeal needs a popla code from PE

then you use the legal arguments in post #3 of the NEWBIES sticky thread

you are extremely unlikely to win on discrimination ( or the EA2010) OR no parking spaces, although you can add those as well as NO LANDOWNER CONTRACT , POOR AND INADEQUATE SIGNAGE , BPA CoP failures , any NTK failures , that ivor pecheque court case transcript about waiting for a space is not parking (which they won in court against PE), also not the same as BEAVIS , etc

debtfreeian

Hi, I can't really argue unclear signage, no landowner contract as I live nowhere near the the actual carpark to check this.

Redx

debtfreeian wrote: »

Hi, I can't really argue unclear signage, no landowner contract as I live nowhere near the the actual carpark to check this.

oh YES you can m8

you really need to learn that WE know what we are talking about and you dont ! so you need to do as we tell you if you wish to win your popla appeal and avoid a court case

anything you query in your popla appeal has to be addressed by the PPC and the popla assessor

anything you fail to query wont be looked at

so you use any and all appeal points to try to win, as you only need ONE to win on your behalf

the PPC have to prove their case , so if you query the landholder contract , they have to prove to the popla assessor that a valid one exists

if you query the signage , the PPC has to prove to the assessor that it meets the CoP (which they rarely do)

etc etc

the same applies in court , the burden of proof is on ther claimant , so you make it as difficult as possible by making them prove each and every legal point

do some research and you will see I am right , and you are wrong

ignore this advice at your peril, it may prove costly for you if you fail to query all the valid legal points , of which contract and signage are the main points

and we dont care if you live near there or not , all you have to do is allege that they fail these points by adding them to your popla appeal, because the burden of proof is on the claimant

Coupon-mad

debtfreeian wrote: »

Hi, I can't really argue unclear signage, no landowner contract as I live nowhere near the the actual carpark to check this.

Do you actually think that's a reason not to? Jeez the amount of times people who live 200 miles away say this, it's unbelievable!

No-one is telling you to check the signs. The template is already written for EVERY POPLA case.

debtfreeian

Redx did I ever question you know what you are talking about?

I also don't want to be dishonest or downright lie either.

fisherjim

debtfreeian wrote: »

Redx did I ever question you know what you are talking about?

I also don't want to be dishonest or downright lie either.

Sheesh!

So what exactly did the on site signage tell you?

Coupon-mad

debtfreeian wrote: »

Redx did I ever question you know what you are talking about?

I also don't want to be dishonest or downright lie either.

And nor do we. And nor are we telling you to lie!

It is a standard appeal to put the parking firm to prove their signage.