clarification on PCN with blue badge

KeithP

Rogues worse than private parking companies?

Is that possible?

Redx

ideally you obtain a scan or a picture (like a mobile phone pic) of the valid blue badge and state that it was used on the day by an occupant of the vehicle and they should apply the Equality Act 2010

do not imply who was driving , the person they sent the letter to is the person who is appealing as KEEPER, even if you or somebody else is doing it in their name

do not give out any addresses, they have the keeper address they obtained from the dvla

less is more, so do not start blabbing and stick to the bare minimum at this stage , which is a keeper appeal on behalf of the keeper, using the template , and add the extra paragraph about an occupant of the vehicle owning a valid BB and is covered by the EA2010

the BB shows that an occupant of the vehicle is covered by that EA2010 (the BB is not valid on private land the the blue booklet tells you this)- some people cannot drive yet have a BB, including children over 5

it does not follow that the keeper, the driver and the BB owner are all one and the same person, sometimes they are, often they are not

as a retired BT engineer I can tell you that dialling codes mean nothing at all, you can easily rent a code in one part of the country that forwards the call to somewhere else, they used to be called OUT OF AREA EXCHANGE LINES , or OOAEL for short

and you can rent a postal mailbox anywhere in the UK, which could be 200 miles away from your business or residence

and if you move house you can set up a redirect with the Royal Mail to have your mail redirected to your new residence or business from your old one

nb: - ALL of these parking companies are "rogues", which is why ALL the MP,s in the houses of parliament slagged them off some 5 or 6 weeks ago

doggychops

KeithP wrote: »

Rogues worse than private parking companies?

Is that possible?

I did put (maybe)

But hopefully you see my point.
Some folk are aware of the issues regarding this and may see it as an opportunity to masquerade as these cowboys in the hope of financial gain themselves. As I said, seemed a coincidence that it was a local number. I have googled it now, and they use the same number nationwide...I didn't realise that at the time.

doggychops

Redx wrote: »

do not give out any addresses, they have the keeper address they obtained from the dvla

nb: - ALL of these parking companies are "rogues", which is why all the MP,s in the houses of parliament slagged them off some 5 or 6 weeks ago

So to confirm, just use the pcn number for correspondence at this stage?

Redx

doggychops wrote: »

So to confirm, just use the pcn number for correspondence at this stage?

yes , just use the pcn number , appeal as KEEPER , use the template , add a paragraph about an occupant of the vehicle being a BB holder and covered by the EA2010 , add a pic or scan of it if possible to obtain before the 28 day appeal deadline runs out

doggychops

Brilliant

Thank you so very much for your help and your patience.


:beer:

Thank you again, its very much appreciated. Bless you

Guys_Dad

I agree with the first stage advice you have been given, but anticipating this will go to the 2nd stage, I don't understand what the blue badge has to do with it.

Umkomaas

the pcn issue date was 21/02/2018
contravention was dated 19/12/2017

Given those dates, provided the driver isn't identified in the initial appeal, this can be beaten at POPLA on the basis that a compliant Notice to Keeper hasn't been served within the time limits.

Big_Dave88

Doggychops,

Are the people who issued the PCN a member of the BPA (British Parking Association)?

Were there any warning signs showing the Ts & Cs of the car park?

Also, did your MIL park in a marked disabled bay?

If so, then the following applies.

The BPA code of practice states the following:-

16.5 If your landowner provides a concession that allows parking 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 be close to any parking bays set aside for disabled motorists.

Note that 18.10 has since been amended, effective 2nd Jan2018.
http://www.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")


Good luck.

Fruitcake

Big_Dave88 wrote: »

16.5 If your landowner provides a concession that allows parking for disabled people, if a vehicle displays a valid Blue Badge you must not issue it with parking charge notices.

CEL are BPA members, however you have quoted from version 5 (2014) and earlier. Clause 16.5 was removed from version 6 (2015) and not re-introduced for (the current) version 7 (2018.)

Barstewards!