Parking ticket for parking in disabled bay - should I pay or appeal?

Wonderland2018

Thank you!
Sorry if I missed it, first timer!

Wonderland2018

Hello again, just a little update.
Won the appeal, please see below the POPLA response.
Thank you everyone who replied and offered advise!


Decision
Successful




Assessor summary of operator case
The operators case is that the appellant has parked in a disabled bay and has failed to display a blue badge.


Assessor summary of your case
The appellant has provided a document which outlines their grounds for appeal. The grounds are as follows: - A compliant notice to keeper was not served therefore, keeper liability cannot apply. - The operator has failed to prove that the individual who it is pursuing is in fact the driver who is liable for the charge. - No evidence of landowner authority. - The signage at the site is not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself. The appellant has provided photographs of the site along with the PCN received.


Assessor supporting rational for decision
I note that the appellant has raised more than one ground for appeal. However, I will focus my concerns on the landowners authority. The appellant has said that the operator has failed to provide evidence of landowner authority. Section 7 of the British Parking Association Code of Practice sets out to parking operators that if you do not own the land on which you are carrying out parking management, you must have the written authorisation of the land owner (or their appointed agent) In particular, it must say that the landowner (or their appointed agent) requires you to keep to the Code of Practice and that you have the authority to pursue outstanding parking charges.The operator has provided evidence of a contract however, the quality of the image is very poor. The contract is dated June 2013 and I can see that it states for a period no less than twelve months. This does not state that it is a rolling contract. The appellant has parked their vehicle on January 2018. Therefore, I cannot determine if the operator still had permission to operate on this land on the date that the appellant has parked. I am not satisfied that this contract is sufficient and therefore, the BPA Code of Practice has not been met. As such, I will allow this appeal and the other grounds raised do not require any further consideration.

Coupon-mad

A perfect example of a POPLA appeal, set precisely to win a case. Well done!

Umkomaas

Well done, great result. :T

Assessor supporting rational for decision

How this word continues to be used incorrectly for well over 2 years now is beyond me. Surely no self-respecting assessor would be appending their signature to this error?

There again, I don't think nail technician training covers basic spelling. I expect there are many lucky, yet unsuspecting, clients who might be grateful the nail technicians didn't train to be tattoo artists! !!!!!!.

John Gallagher - where is your oversight; your management function for which you are paid? Surely you must have spotted this?

Steve Clark (I'm full of respect for your intellectual capacity), for the love of God, get them to sort out this irritating basic distortion of the English language, which, to my mind, relegates them to a level on par with the most bottom-scraping of your knuckle-dragging membership.

Coupon-mad

relegates them to a level on par with the most bottom-scraping of your knuckle-dragging membership.

A very low level indeed. Being members of the BPA/IPC isn't big or clever, IMHO.

PercyPenguin

Where do I find the newbie FAQ ?

Jetslick

PercyPenguin wrote: »

Where do I find the newbie FAQ ?

This isn't your thread. Please don't hijack other people's threads with your own questions as it's rude (especially when it results in bumping old, closed threads). Nonetheless, the NEWBIES FAQ is in the '**NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!' sticky thread located on this forum. I have hyperlinked this for you here: NEWBIES FAQ sticky, post #1.

For future reference, ensure you use a laptop when navigating this site as it's much easier to navigate such threads.

PercyPenguin

A simple answer would be preferred - I don't know where to find newbie faqs.
Your aggressive reply is unhelpful.

cgh01

As pointed out to you in post #28 https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

The_Deep

PercyPenguin wrote: »

A simple answer would be preferred - I don't know where to find newbie faqs.
Your aggressive reply is unhelpful.

If you are struggling to understand this simple forum it is unlikely that you would be able to defend a PCN.

Prhaps it would be better if you pay the charge, or seek help elsewhere. It is a certainty that it will be forthcoming here.