Newbie, disabled, help please

The_Zohan

deleted. thank for the help.

Fruitcake

Start by editing your post to remove information about who parked, who took who, who displayed a BB etcetera.

Only ever refer to The Driver and The Keeper, who are two different people. The Keeper has protections in law that The Driver does not.
The Keeper, is the day to day keeper, the person who is in charge of the vehicle on a daily basis. This is not necessarily the same person as The Driver, The Owner, or The Registered Keeper, the latter being Motobility in your case.

Next, and only after you have edited, go to the sticky thread fr NEWBIES which is one click back from here, just below where you clicked on the button.

Personally I can't see why disabled motorists shouldn't pay for parking on private property like everyone else, but should be afforded concessions in line with the Equality Act 2010 such as closer or wider parking bays, and more time for the same parking fee.

It is possible that a Motobility car should be treated as a hire/lease car, so wait for others to comment first as there is a different appeal process for these as opposed to a privately owned vehicle.
I'm assuming that the V5 is held by Motobility and has their name on it as Registered Keeper.

Robin9

Get photo's taken of the bay in which parked and the signage relating to it.

Umkomaas

There is a misconception that the free parking entitlement available on-street and in council car parks for blue badge holders applies in any car park.

There is no such entitlement on private land and while it might have been free previously, landowners are increasingly realising there is income potential and PPCs are happy to oblige in penalising erring parkers (as always).

But when you look at this logically, the landowner is providing accessible bays (nearer to critical entry points than for other motorists), using up more space, most of the time many are empty with no income for the landowner, then why should a blue badge holder expect that they should pay nothing to occupy the privileged parking spot?

Fruitcake

Robin9 wrote: »

Get photo's taken of the bay in which parked and the signage relating to it.

Agreed, plus pictures of the entrance and other signs around the car ark. It's possible the new charges are not on all the signs, or the signs are damaged, hidden behind bushes, high up on poles/walls so that it is virtually impossible to read them without a ladder or telescope.

KeithP

We write to acknowledge receipt of your recent online appeal, on behalf of the driver...

You appealed on behalf of the driver?

So you didn't appeal as the keeper?

Ignore the latest letter and wait patiently for your appeal rejection and PoPLA code.

Fruitcake

The_Zohan wrote: »

Hi again, i sent the formatted letter with my reference number and got this reply asking for driver details. do i have to give them? I appreciate you patience, i do have rale issues using a screen for any length of time or retaining info since two strokes.

Many thanks.







Re: Parking Charge Notice 7135xxx



We write to acknowledge receipt of your recent online appeal, on behalf of the driver, appealing against the issuing of a Parking Charge Notice (PCN) to the vehicle.



We note your comments and must refer you to the Protection of Freedoms Act (PoFA) 2012, Schedule 4 - Recovery of unpaid Parking Charges. This is available to view online at:

legislation.gov.uk/ukpga/2012/9/schedule/4




We must therefore request that the details of the driver of the vehicle at the time of the contravention are supplied; this must include their full name and serviceable UK postal address. If you are unwilling or unable to provide these details the registered keeper of this vehicle will remain liable for this PCN. This information should be provided by 5th February 2019. Please note, Premier Park Limited will not reply to any correspondence until after the above date, if the requested information is not provided.

The words I have highlighted are lies.


There is no such requirement in law. The PoFA does not use those words.

Fruitcake

The_Zohan wrote: »

Hi there,
I wrote to tehm as the keeper with no mention of the driver. they seem to have added this if this makes sense.


I sent this
Re PCN number: 7135xxx

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

[FONT=&quot]As you are aware the vehicle is a Motability vehicle and I am severely disabled so am taken everywhere in the vehicle which has several drivers listed on the documentation. I can supply a copy of my blue badge which was on display in the vehicle as it was being used to transport myself. If you choose to pursue Motability I will not be responsible for reimbursing yourselves or Motability if they choose to pay.

Yours faithfully, [/FONT][FONT=&quot][/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]my name
[/FONT]

This implies that you were not the driver. It would have been better to state specifically that you were not, but it is of only minor importance.

It does however contradict what you have written in your original post where you have stated who was driving. (You said who saw the signs and parked. That gives the impression that the person who saw the signs was driving.)

KeithP

Zohan, did you not read the last line of my earlier post?

I'm sorry to say this because it will not help you, but in every single post you have told us about your disabilities.

And in your latest post you say "Hate playing the disabled card...".

Clearly you need help, but it becomes rather tiring hearing that stuff over and over again.

Re-read my earlier post.

Fruitcake

The PPC doesn't care about your health, it just wants your money. In any case, your disability is irrelevant as far as the PCN is concerned because it is about a non-payment, not about parking in a disabled bay, or not showing a BB, or an overstay that might be covered by the EA 2010.

So, forget the rest and concentrate on winning this at PoPLA. You will need to look at the NTK to see if it met the strict requirements of the POFA. If not, that will be one of your appeal points.

Others would normally include,

Not the landowner
Inadequate signage
No standing to bring charges in their own name.
Anything ese relevant.

Get pictures of the entrance and signage. If The Driver didn't see the signs requiring payment, then they may well have been inadequate, so you need you own images to prove this is the case.

If you were not driving, then you say this at PoPLA. Do not say who was driving, even if you know.