Please help 5 PCNs - NTK Fistral Newquay

Blue222

Hi
I have read the newbie thread and sticky thread. I would really appreciate some help. My husband and I have 5 parking charge notices between us for our 2 cars. We were on holiday in Newquay and took my (disabled) mum to get some fresh air at the beach. We didn't realise that you still have to pay even if you have a disable badge. We were only an hour each time so would have happily paid for parking. Feeling worried now as we have to pay £60 per ticket or £100 if paid after 28 days.
Reading the newbie post, I should appeal to initial parking via there website. Then await to appeal with POPLA. My question is, should I not mention the disabled badge but just appeal on the grounds of not admitting who was driving? What I am worried about is the PCN does mention schedule 4 of the Protection of Freedoms Act 2012 so does this mean this defence won't stand?
Thanks so much in advance.

Coupon-mad

Of course you pay when you have a blue badge. There is no suggestion that disabled parking in car parks is free and nor should it be, as disability does not equate to lack of wealth, not necessarily. Why do people think disabled people get free parking in car parks? Double yellows for 3 hours - and in Council on street bays, yes, that's free - but not in car parks.

Before you flame me, I have had disabled relatives who I have driven about over the years and I worked as a Disability Advice Manager a few years back. Most elderly disabled people are perfectly able to pay for parking and have the means to do so (more then some hard-pressed families, in my experience) but I digress.

Reading the newbie post, I should appeal to initial parking via there website. Then await to appeal with POPLA. My question is, should I not mention the disabled badge but just appeal on the grounds of not admitting who was driving?

I thought the NEWBIES thread says underneath the appeal template, that if you have a receipt or blue badge, to attach that too? Did I delete that line? You should include the Blue Badge just for info but not change the wording of the appeal.

Were the Initial PCNs all received by day 14? Stop worrying.

Umkomaas

You will have to deal with each parking charge separately for both the initial appeal and any subsequent POPLA appeal. The keeper of each vehicle will have to deal with their own ticket(s), although one person can do all the work, but each appeal under the name and signature (just use a squiggle) of the appropriate keeper.

We didn't realise that you still have to pay even if you have a disable badge.

Virtually every P&D private car park requires payment from whomever parks there, vanishingly few offer any concessions, other than reserved spaces.

My question is, should I not mention the disabled badge

In the context of no payment being made, this is of no help. (ETA - but you could add a copy of the BB as per CM's advice).

just appeal on the grounds of not admitting who was driving? What I am worried about is the PCN does mention schedule 4 of the Protection of Freedoms Act 2012 so does this mean this defence won't stand?

You almost never reveal who was driving, and you won't be doing so in this case. PoFA provides protection for the keeper, but none for the driver. But if the PPC has not complied with the strict PoFA requirements, they cannot hold the keeper liable. If you can scan a redacted copy of one of the NtKs we can take a look at that for you. Block out any data that might identify you to the PPC (some are avid forum readers!), but please leave in the date of parking incident and date of issue of the NtK.

As you're dealing with 5 tickets between you, I'd space the appeals out (not missing any deadlines), not bung all five in on one day.

You want to try to cause the PPC not to recognise they have a multi-ticket opportunity for one family, so could one of you use the address of a nearby relative/friend where you could have easy access to future communication from the PPC? You could use that to put them off the scent, if you're going to do that, make that address clear in the initial appeal 'Please note, address for service for this parking charge is ......'.

For each initial appeal, use the template (shown in blue text) in the NEWBIES FAQ sticky, post #1 - do not add or take anything out of it, no attempting to 'tell your story' in any of this, you need to rely on technicalities, the law and loopholes.

The_Deep

We didn't realise that you still have to pay even if you have a disable badge.

That is one of the most unlikely things I have heard in a long time, it is a private car park, on the beach, of course you have you pay, this is ripoff Britain.

I would say that, unless they have failed to clear all the PoPLA hurdles, your chances with winning there are slight indeed.

IMO your only way of not paying this is to let them take you to court and win with legal arguments. This will require much time and effort on your part.

Personally, if they have a solid claim, I would pay.

Redx

Also , start reading and digesting the blue booklet that came with the badge, or download a copy from the government website and read it carefully, everyone who helps this lady should do so, it's clear that they all have misconceptions about the blue badge rules

You won't find it stating that parking is free no matter where the vehicles are parked

The BB is not a token for free parking, it's a token for concessions , which may be wider bays near an entrance etc

Always read signage and comply

Blue222

Hi coupon-mad
I know - I feel stupid/silly and wish I just checked and paid for the ticket so this wasn't happening. It was abit stressful/busy but that's no excuse and feel foolish now.
Thanks - yes I will include the blue badge. (Sorry I must have missed it. I will check now again anyway.)
I received them after 14 days but I don't have any proof of this. Is there anything I can do about this?
Thank you for replying

Coupon-mad

What are the dates of each of the 5 parking events and the corresponding 'date sent' or 'issue date' on each PCN? List them in 5 separate lines so we can see.

The_Deep

I received them after 14 days but I don't have any proof of this.

Have you sent an SAR?

https://www.which.co.uk/consumer-rights/advice/how-do-i-make-a-subject-access-request

Blue222

Hi Umkomaas
I have scanned redacted copy of PCN. How do I attach it here?
Thank you for replying

Blue222

Hi Coupon-mad
Date of notice 6 Aug 2019 Date of contravention 26 July 2019
Date of notice 30 July 2019 Date of contravention 19 July 2019
Date of notice 8 Aug 2019 Date of contravention 28 July 2019
Date of notice 8 Aug 2019 Date of contravention 28 July 2019
Date of notice 7 Aug 2019 Date of contravention 27 July 2019

Quentin

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