Another PCN from PEA since Winning at POPLA

Monyl

Hi Guys, is it normal to keep receiving PCNs from a parking contractor after they failed to produce evidence of their contract with the housing association to issue PCNs to POPLA? Since I won my case at POPLA last year, were they meant to contact me to inform me that they know had the relevant signed document? I have noticed that the BPA now insist on a signed witness statement from the contractors. They do know where I live from the last PCN as I put this in my appeal before I found this site. I have also contacted the Disability Commission as I had put them on notice the last time that I could not read their sub-standard font as I am dyslexic and they have given me a template to send to them. Do I just follow waiting for Day 26 or is there another thread for repeat PCNs? Much appreciated.:(

Quentin

No special thread

Follow the advice in the newbies faq thread on how to appeal

Umkomaas

is it normal to keep receiving PCNs from a parking contractor after they failed to produce evidence of their contract with the housing association to issue PCNs to POPLA?

They will if their parking ‘rules’ are broken.

The fact they didn’t submit a landowner contract with their response to your POPLA appeal doesn’t mean they don’t have one, and you shouldn’t have seen that failure as any kind of green light that parking there can be at will and risk-free.

How many new PCNs have you now received?

Did you follow my advice given previously?

Thank you @Monyl for posting, and for formatting it so well to make it easily readable.

If you’re still up for fighting the imposition of a PPC on the estate, why not copy the POPLA decision, write a short preamble of your experience, print off and post a copy through all residents’ letterboxes, so they are aware of the scam and the fact that they can beat this outfit. The PPC will soon be on their way!

The_Deep

Is this a parking space assigned to your accommodation?

If so, read this

https://parking-prankster.blogspot.com/2016/11/residential-parking.html

and complain to your MP, they are totally on your side.

On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Monyl

Thank you for your reply. Will do. I have been sent a template letter from the Equality Disability Commission to send to PEA with my appeal. They have said that I have to mention that they were put on notice in the previous appeal re reasonable adjustments that I cannot read their minute font. Do I mention the previous appeal in the current one? Also do I mention that I expected them to have contacted me when they had the current signed document from the Housing Association confirming that they had the right to issue the PCN? Just my thoughts.

Monyl

Just the one since my appeal even though I have left my car outside since then on the odd occasion as I thought they had boycotted me! It also happened on the same day that I had to go to have a Gastroscopy under sedation so had to leave my car at home. Sorry but I did not get to follow your advice to leaflet the other residents due to my chronic working hours and not being well.

Monyl

Thank you, will do. Much appreciated. Do I complain to BPA about them ignoring my disability and making reasonable adjustments under the Disability Act from the last appeal (have template letter for it) or just stick to this PCN?

Coupon-mad

There is no 'Disability Act'. Always quote the right Act in full:

EQUALITY ACT 2010.

Out of interest, I'd like to see this template please:

I have been sent a template letter from the Equality Disability Commission to send to PEA with my appeal. They have said that I have to mention that they were put on notice in the previous appeal re reasonable adjustments that I cannot read their minute font.

Monyl

Thanks, you're right not to short cut titles. Template below from the Equality and Human Rights Commisssion helpline:

Reasonable Adjustment Complaint – Services – PLEASE DELETE
Your Address
Enter Organisations Name
Enter Organisations Address
Date:

Dear (Enter name of person you are writing to),

Please accept this letter as a formal complaint of a failure to make a reasonable adjustment at (name of organisation).

See Template Letter Guidance for information on what to include in this section.

(Full details of the case, what has happened and the impact on you. Include brief details of your disability and the reasonable adjustment you request/requested.)

(Include information about who you have spoken with previously their name, job title and the date when you spoke to this person to resolve this issue).

The Equality Act 2010 (the Act) states I am protected against unlawful discrimination by you as a service provider because of my disability.

Under the Act, as a service provider, not only do you have a duty to make reasonable adjustments for an individual who is at a substantial disadvantage due to their disability, you also have to take positive steps to ensure that you anticipate the needs of potential disabled customers before they access your service.

You may have to consider one or more of the following:
• A change to a provision, criterion or practice
• A change to a physical feature, and/or
• Providing an auxiliary aid.

If it is reasonable for the service provider to make an adjustment then it must be made. A failure to comply with this duty could be unlawful under the Act.

The adjustments which I consider that you have failed to make are (say what adjustment they have failed to make or should have considered making in order for you to have equal access to their service/s).

I would like you to respond to me in writing within 28 days of receipt of this letter with a view to resolving my complaint. In your response I would like you to explain why you failed to make the reasonable adjustments in the first place.

Yours sincerely/faithfully (Delete as appropriate),

(Your name)


Any comments appreciated.

Coupon-mad

Monyl wrote: »

Thanks, you're right not to short cut titles. Template below from the Equality and Human Rights Commisssion helpline:

Reasonable Adjustment Complaint – Services – PLEASE DELETE
Your Address
Enter Organisations Name
Enter Organisations Address
Date:

Dear (Enter name of person you are writing to),

Please accept this letter as a formal complaint of a failure to make a reasonable adjustment at (name of organisation).

See Template Letter Guidance for information on what to include in this section.

(Full details of the case, what has happened and the impact on you. Include brief details of your disability and the reasonable adjustment you request/requested.)

(Include information about who you have spoken with previously their name, job title and the date when you spoke to this person to resolve this issue).

The Equality Act 2010 (the Act) states I am protected against unlawful discrimination by you as a service provider because of my disability.

Under the Act, as a service provider, not only do you have a duty to make reasonable adjustments for an individual who is at a substantial disadvantage due to their disability, you also have to take positive steps to ensure that you anticipate the needs of potential disabled customers before they access your service.

You may have to consider one or more of the following:
• A change to a provision, criterion or practice
• A change to a physical feature, and/or
• Providing an auxiliary aid.

If it is reasonable for the service provider to make an adjustment then it must be made. A failure to comply with this duty could be unlawful under the Act.

The adjustments which I consider that you have failed to make are (say what adjustment they have failed to make or should have considered making in order for you to have equal access to their service/s).

I would like you to respond to me in writing within 28 days of receipt of this letter with a view to resolving my complaint. In your response I would like you to explain why you failed to make the reasonable adjustments in the first place.

Yours sincerely/faithfully (Delete as appropriate),

(Your name)


Any comments appreciated.

That's a useful EHRC disability discrimination template for people to use, thanks.

Never seen that!

Monyl

You are welcome