Blue Badge & grace periods

A_lot_of_moss

Premier Park Ltd has dismissed my appeal against a PCN for overstaying by 21 minutes. One of the occupants of the car was a blue badge holder and the badge was displayed correctly. There were no designated disabled parking bays. The operator told me that will not accept this overstay as a longer grace period, because there is a notice stating that 'NO CONCESSIONS APPLY'. I'm drafting out a POPLA appeal, and I would appreciate any advice on arguing my case on grace periods. Do you think 21 mins would be considered a 'reasonable adjustment' for disability (BPA Code of Practice Section 16)? Should I quote the Equality Act?

Fruitcake

I have never known PoPLA to allow an appeal on disability/EA grounds, but I believe it should always be included.

The scammers' comment that "NO CONCESSIONS APPLY" is a breach of the EA 2010 and may constitute an unfair contract term as well as it fails to provide for people with protected characteristic as defined by the act. A made up sign by a third party scammer cannot override the law and the will of parliament.

Use all the other points available to you as well that you will find in post 3 of the NEWBIES.

pogofish

Can you display a Blue Badge correctly where the legislation does not apply?

Check the issuing authority handbook - they all make this clear.

You need to challenge this properly using the advice in the Newbies Sticky - but to echo the above, do include it as it could provide a useful extra point down the line.

Also consider raising the issue with your local EHRC people and any other disabled advocacy groups you can connect with. Someone may back a proper challenge!

Half_way

Whos car park was this??
Depending upon the answer to the above there could be some possibilities there

Coupon-mad

The operator told me that will not accept this overstay as a longer grace period, because there is a notice stating that 'NO CONCESSIONS APPLY'.

Send a Letter before Claim to the parking firm and the landowner to claim £500 for breach of the Equality Act 2010.

A sign like that is illegal if they are relying upon it to exonerate service providers from their duties under the EA, and whilst they might be able to get away with no disabled bays (depending on the site) that's NOT true of making 'reasonable adjustments' which are not optional.

Maybe include bits of this:

https://forums.moneysavingexpert.com/discussion/comment/74071023#Comment_74071023

and bits of this:

https://forums.moneysavingexpert.com/discussion/comment/75690234#Comment_75690234

Give both parties 14 days to cancel the charge.

Keep POPLA on the back burner as the POPLA code will last 32 days anyway.

fisherjim

I would have thought that "No Concessions Apply" refers to the fact that blue badge holders are not exempt from charges.


Their comments are interesting considering they say they are corporate members of Disabled Motoring UK and boast of disabled bay management.


http://premierpark.co.uk/disability-bay-management/


Maybe you should inform Disabled Motoring UK that these muppets aren't as disabled friendly as they pretend to be.

A_lot_of_moss

The car park was Branscombe Beach, EX12 3DP.

Coupon-mad

Like I say, do not start POPLA just yet.

Do as advised, make it robust. Show us your draft.

You can find the landowner from the Land registry for £3 if you can't Google it.

A_lot_of_moss

According to the operator, I have to submit a POPLA appeal by next Tuesday (28 days from operator's appeal decision 7 May). This isn't going to give me enough time to send an LBC before the POPLA appeal. What can I do?

Coupon-mad

the POPLA code will last 32 days anyway.

I wouldn't tell you that if it wasn't true.

I'm fed up with hearing the '28 days' quoted back at us whenever we say the code lasts 32 days. We know what we are doing.

You can get the LBC out tomorrow to both parties and give them seven days to respond as time is of the essence.

Half_way

First search - google https://www.google.com/search?client=firefox-b-d&q=branscombe+beach+car+park
Looks like they have a parking problem, caused by their parking company, plenty of bad reviews


Second link:
https://branscombebeach.uk/car-parking-2/
is this the place??


Third link http://seashantyholidays.co.uk/



Digging deeper, Facebook: https://www.facebook.com/Sea-Shanty-Holidays-1403727403281941/


Before you contact them please post what you intend to say on here first