Smart parking

Big_Dave88

Fruitcake wrote: »

Just use the template from the NEWBIES exactly as it is. .

If everyone sends Smart Parking the same appeal letter, surely they would get wise to it and ignore it or come up with some way of getting around it?


Or am I missing something?

KeithP

Big_Dave88 wrote: »

If everyone sends Smart Parking the same appeal letter, surely they would get wise to it and ignore it or come up with some way of getting around it?


Or am I missing something?

Yes, the bit you are missing is that they recognise the appeal from here and realise it is not going to be easy to get any money out of you.
Hopefully that means they accept your appeal and move on to more easy pickings.

Coupon-mad

Just be careful NOT to tell them who was driving.

EVERYONE can beat Smart Parking At POPLA, as long as they appeal as keeper. Dead easy!

Big_Dave88

Coupon-mad wrote: »

Just be careful NOT to tell them who was driving.

Thanks for that.

Big_Dave88

pappa_golf wrote: »

use the template letter with addition of wording for equality laws and a copy of the blue badge , do not name the driver

get a POPLa code then you can fire off at POPLa

good chance they will pull out , press publisity will hurt them

Hi again,


Do I wait for the appeal to be rejected before contacting POPLa? Or once I have the code, send off the relevant information to them, re: poor signage, failure to meet the Equality Act 2010, etc.


Dash cam footage has since been obtained which clearly shows the signage is not visible upon entry into the car park, along with a clear view of the disabled bays, also showing no signage.
Further photos of where the signs are in the car park have also been obtained. There are a total of 3 signs in the car park displaying terms and conditions. Certainly not "throughout" as the initial sign suggests at the entrance to the car park. Presumably all this evidence needs to be submitted to POPLa and not Skark Parking?


The only photo required to be sent to Shark is the upper side of the Blue Badge. Can you confirm?

The_Deep

You should win this at PoPLA on a combination of grace periods, heavy traffic, difficult7 in findin a space, and " reasonable adjustments" to encompass your "protected characteristics" unnder EA2010, read it here

https://www.legislation.gov.uk/ukpga/2010/15/contents

Meanwhile watch this

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

then write to your MP in the most robust terms, there are moves afoot to close down the scammers, and the more support Sir Gregg gets, the easier it will be for his bill to pass into law.

Fruitcake

Big_Dave88 wrote: »

Hi again,


Do I wait for the appeal to be rejected before contacting POPLa? Or once I have the code, send off the relevant information to them, re: poor signage, failure to meet the Equality Act 2010, etc.


Dash cam footage has since been obtained which clearly shows the signage is not visible upon entry into the car park, along with a clear view of the disabled bays, also showing no signage.
Further photos of where the signs are in the car park have also been obtained. There are a total of 3 signs in the car park displaying terms and conditions. Certainly not "throughout" as the initial sign suggests at the entrance to the car park. Presumably all this evidence needs to be submitted to POPLa and not Skark Parking?


The only photo required to be sent to Shark is the upper side of the Blue Badge. Can you confirm?

You can't appeal to PoPLA without a code, which you won't get until the scammers have rejected your initial appeal.

Yes, include a copy of the BB from The Occupant, who may or may not be the keeper making the appeal.

It looks like you have good evidence to get this killed at PoPLA.

Big_Dave88

Fruitcake wrote: »

You can't appeal to PoPLA without a code, which you won't get until the scammers have rejected your initial appeal.

Yes, include a copy of the BB from The Occupant, who may or may not be the keeper making the appeal.

It looks like you have good evidence to get this killed at PoPLA.

Thanks once again.


I intend adding the following to the end of the template letter. Should I omit anything from it, or add anything?




One of the vehicle occupants was a blue badge holder. I appreciate that your ANPR system is just a dumb camera and doesn't recognisewho is and who isn't disabled, which is why I am informing you of this fact now. The blue badge holder suffers from a condition called Atrial fibrillation (among other ailments) and need to take regular breaks as they get short of breath.


The vehicle in question was legally parked in one of the allocated disabled bays by the shop entrance, along with the blue badge clearlyon display. See attached photo of blue badge that belongs to the vehicle occupant.


It would appear that Smart Parking and not abiding by "ReasonableAdjustments"; under the Equality Act 2010.


Also, the BPA code of practice states the following:-
16.5 If your landowner provides a concession that allowsparking for disabled people, if a vehicle displays a valid Blue Badge you must not issue it with parking charge notices.
18.10 So that disabled motorists can decide whether they want to use the site, there should be at least one sign containing the terms and conditions for parking that can be viewed without needing to leave the vehicle. Ideally this sign should beclose to any parking bays set aside for disabled motorists.
I should point out that 18.10 has since been amended,effective 2nd Jan 2018.
britishparking. co . uk/AOS-Code-Changes-2018


Clause 18.9 and 28.8 - So that disabled motorists can decide whether they want to use the site, there must be at least one sign containing the terms and conditions for parking that can be viewed without needing to leave the vehicle. Ideally this sign must be close to any parking bays set aside for disabled motorists. (The use of the word "should"; was replaced with "must"


I should also point out that there are no signs close to where the disabled bays are allocated. Therefore Smart Parking are in breach of The BPA code of practice, and as such you should cancel this PCN immediately.


Yours faithfully,

Coupon-mad

Yes that's fine.

Do I wait for the appeal to be rejected before contacting POPLa? Or once I have the code, send off the relevant information to them, re: poor signage, failure to meet the Equality Act 2010, etc.

Your main point will be no keeper liability first, then 'appellant not shown to be the individual liable', then 'dodgy signs', 'no landowner authority', and finally 'Equality Act' as an after thought.

Big_Dave88

Appeal sent off via the on-line form.


Should I receive acknowledgment from them that they have received it, or do I Just presume they have got it?