IAS appeal draft for Uk parking limited parking fine disabled badge - Windsor

ddiane

Hello,

My mother recently got issued parking fine on the parking (Castle car park in Windsor) not realising you had to pay and display as she had blue badge she assumed it was free like the other car park right across. Her right leg is crippled - she cannot walk long distance and without assistance so didn’t see the tiny warnings for blue badge holder. She recently appealed and got rejected saying to go through IAS which from many forums here is useless, is there any way she can appeal this?

Any advice would be appreciated thank you.

Update: appeal rejected. Forwarded to IAS for further appeal.

More detail: My mother had parked the car with her BB at around 2 o clock to go to the post office and came back at around 4.40 ish literally second after PCN was issued. Her right leg is crippled with severe arthritis at the ankle and knee and she cannot walk unaided/unassisted and Windsor is uphill so she has to take lot of break. The appeal was made by mother who named herself as the driver and used 'I' (the big no no in the appeal).

Here's the draft.

Dear Sir/Madam

As the keeper of the above vehicle, I wish to appeal the parking charge notice UK parking Ltd issued against the mentioned vehicle. I believe the parking charge notice should be cancelled based on the following grounds:


Inadequate and Insufficient IPC Compliant Signage
(would attach castle car park sign)
The signage on entry to the land is improper and insufficient. As suggested under Schedule 1 of the IPC CoP “The sign must be readable from far enough away so that drivers can read all of the Group A and Group B text without needing to look more than 10 degrees away from the road ahead”. After revisiting the site since receiving the NtK, signage on entry to the land does not meet this criteria.
The signage (Sign1) is written in capital letters. The British Dyslexia Association and Gov.uk state that “Avoid text in block capitals: this is much harder to read”. This means that the signage provided can be argued as not easily legible and can cause problems for any driver that has dyslexia.
Additionally, the IPC CoP states under Schedule 1 that signs should “include a minimum of one phrase from Group A”.To clarify this point, Group A phrases are stated as the following :
Pay and display [free for blue badge holders]
[x minutes/hours] free parking [for customers only]
Pay on exit
Pay [on foot/at machine] when leaving
Parking for [business name] customers only
Permit Holders Only
As can be seen in attachment Sign1, there is no Group A text on this signage.

The alleged breach took place in Castle Car Park in Windsor. Having subsequently visited the site, the main sign at the immediate vehicle entrance to the carpark where it says private land is barely noticeable as drivers who, unable to stop at that point in the road, rightly strive to accord with legal and safe driving practice.

The nearest pay and display parking meter, at the entrance displays no signs that suggest BB must pay and display ticket. One must travel to the end, which the driver due to disability cannot, and even then, BB must pay signs are written in very small font and hidden behind by PAY HERE poster.

The Charge is a disguised breach
The wording of the signage states that there is a “penalty charge for failing to display a valid ticket”. The NtK (attachment NtK1) states that there was an “Unauthorised Parking Event”. As such, I contend that this charge is not a contractual fee or tariff (consideration), but a breach. A contractual fee/tariff arrangement would not need parking to be authorised and would consider parking at any price or fee.

** For now, this is all I have, I know that BB are protected under 2010 Equality Act but I'm not sure how to word that here....

TL;DR private land in main sign very small, won't be able to safely stop the car to check as it's right next to the road and would disrupt the traffic.

parking meter by the entrance and most convenient, the picture of the car park shows there's no instructions about blue badge.

Blue badge must pay sign is at the far end of the parking lot and is hidden by the PAY HERE sign at the bottom in very small font.

Please please help me. I would very much appreciate any input....

Thank you.

Le_Kirk

No, unless she can appeal to or approach the landowner if it was a retail park, restaurant or similar and ask for it to be cancelled on the basis of spending money at their establishment(s). Otherwise sit back and wait for the LBA and defend it in small claims court. Not as frightening as it seems, please read the NEWBIE thread for full advice.

Redx

she needs to read her blue booklet, which tells her that the rules are different on private land and the BB isnt valid for parking on private land , making assumptions costs money


YOU can download the same booklet as a pdf and read it yourself using adobe reader


due to her condition, its the EA2010 that protects her on private land and the BB is a mere indicator of her eligibility under the EA2010

she MUST comply with the rules for parking on private land , including any payments and timescales

at this moment in time there is little that can be done, unless a landowner complaint gets it waived

the PPC has 6 years to take her to her local court for payment and enforcement

fisherjim

This car park has always been a honey trap, they have been fleecing tourists here for years, one of the scams they get up to is the time being out on the pay and display machines.

ddiane

Thank you - I’ve read the faq and thought since this is to do with blue badge it might be a bit different. Is there’s a way to know the landlord of the parking lot?

Coupon-mad

Parking lot = American! People watch too many US films. You mean car park.



Usually just Googling the place finds articles about who runs it. I hope you discover that it's the Council who own it, because if so, one answer to avoid her being sued, is to PAY IT (ONLY if it's a Council site) then complain to the Council, then to the Local Government Ombudsman, citing this case:

https://www.lgo.org.uk/assets/attach/4521/REPORT%2017004169%20KENT%20CC.pdf

KeithP

ddiane wrote: »

Is there’s a way to know the landlord of the parking lot?

Yes.

1) Ask the local council who pays the Non Domestic Rates on the site.

2) Ask HM Land Registry.

Neither may understand what a 'parking lot' is. Can you come up with another term?

ddiane

Would this image do to support my appeal:

You can view them here sorry but it won’t let me upload direct link please get rid of bracket and space

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Coupon-mad

Can you also copy your earlier longer post here please?

Quentin

ddiane wrote: »

Hello, I previously posted a question about parking ticket on private car park in Windsor. The infamous castle car park. Link to my previous post: Uk parking limited parking fine disabled badge - windsor (sorry won't let me post link)

As expected, the appeal had come back rejected and was advised to appeal to IAS which in this forum is more commonly known as kangaroo court. I was wondering if you could kindly go through my draft (it's lot of copy and paste from other threads here who made appeals) and would very much appreciate your more wise guidance,

What I've noticed about this castle car park is misleading name, insufficient signage and hidden disabled parking warning. The ticketing officer who took the warnings picture clearly showed the image of blue badge hidden by PAY HERE in very small writing and instruction placed at the end of the car park. (*I'd be willing to share the picture if you want to see how it is).

More detail: My mother had parked the car with her BB at around 2 o clock to go to the post office and came back at around 4.40 ish literally second after PCN was issued. Her right leg is crippled with severe arthritis at the ankle and knee and she cannot walk unaided/unassisted and Windsor is uphill so she has to take lot of break. The appeal was made by mother who named herself as the driver and used 'I' (the big no no in the appeal).

Here's the draft.

Dear Sir/Madam

As the keeper of the above vehicle, I wish to appeal the parking charge notice UK parking Ltd issued against the mentioned vehicle. I believe the parking charge notice should be cancelled based on the following grounds:


Inadequate and Insufficient IPC Compliant Signage
(would attach castle car park sign)
The signage on entry to the land is improper and insufficient. As suggested under Schedule 1 of the IPC CoP “The sign must be readable from far enough away so that drivers can read all of the Group A and Group B text without needing to look more than 10 degrees away from the road ahead”. After revisiting the site since receiving the NtK, signage on entry to the land does not meet this criteria.
The signage (Sign1) is written in capital letters. The British Dyslexia Association and Gov.uk state that “Avoid text in block capitals: this is much harder to read”. This means that the signage provided can be argued as not easily legible and can cause problems for any driver that has dyslexia.
Additionally, the IPC CoP states under Schedule 1 that signs should “include a minimum of one phrase from Group A”.To clarify this point, Group A phrases are stated as the following :
Pay and display [free for blue badge holders]
[x minutes/hours] free parking [for customers only]
Pay on exit
Pay [on foot/at machine] when leaving
Parking for [business name] customers only
Permit Holders Only
As can be seen in attachment Sign1, there is no Group A text on this signage.

The alleged breach took place in Castle Car Park in Windsor. Having subsequently visited the site, the main sign at the immediate vehicle entrance to the carpark where it says private land is barely noticeable as drivers who, unable to stop at that point in the road, rightly strive to accord with legal and safe driving practice.

The nearest pay and display parking meter, at the entrance displays no signs that suggest BB must pay and display ticket. One must travel to the end, which the driver due to disability cannot, and even then, BB must pay signs are written in very small font and hidden behind by PAY HERE poster.

The Charge is a disguised breach
The wording of the signage states that there is a “penalty charge for failing to display a valid ticket”. The NtK (attachment NtK1) states that there was an “Unauthorised Parking Event”. As such, I contend that this charge is not a contractual fee or tariff (consideration), but a breach. A contractual fee/tariff arrangement would not need parking to be authorised and would consider parking at any price or fee.

** For now, this is all I have, I know that BB are protected under 2010 Equality Act but I'm not sure how to word that here....

TL;DR private land in main sign very small, won't be able to safely stop the car to check as it's right next to the road and would disrupt the traffic.

parking meter by the entrance and most convenient, the picture of the car park shows there's no instructions about blue badge.

Blue badge must pay sign is at the far end of the parking lot and is hidden by the PAY HERE sign at the bottom in very small font.

Please please help me. I would very much appreciate any input....

Thank you.

Copied from OP's duplicate thread

ddiane

Thank you very much