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Doncaster airport - PCN NTK stopping in a zone where stopping is prohibited

245

Comments

  • gwen80
    gwen80 Posts: 2,255 Forumite
    Part of the Furniture Combo Breaker
    edited 5 November 2019 at 9:36PM
    Ok, I've been reading the template and I notice the following:

    - If an occupant of the car is disabled or elderly/infirm, then the keeper can add that, without implying who was driving. A copy of the Blue Badge (BB) is a good idea to upload/attach, but a person with a long-term debilitating condition (not a broken arm!) can be disabled without a BB, and will be legally entitled to a 'reasonable adjustment'. That can and should include an extension of time, over and above free or paid-for parking time.

    How do you add this without implying who was driving? Something like 'the driver is X years old'. Aside from being 73 and not familiar with the airport, my Mum does have health problems. However, I would not want this to lead to her losing her licence... She has been driving since she was 17 and only one accident in that time. She just stopped in the wrong place. Plus I doubt she will want to declare any health problems.

    The other thing is there were double yellows where she stopped and I've asked her how long she was stopped for and she says she doesn't know, but she thinks several minutes, although the photos on the NTK are all from a period of <1 min.
    Though no one can go back and make a brand new start, anyone can start from now and make a brand new ending
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    None of what you say will have any impact.ill send you a private message
  • Umkomaas
    Umkomaas Posts: 43,827 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    However, I would not want this to lead to her losing her licence...
    Where did that come from? There is no prospect whatsoever that a private parking company could have any influence on that.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    I offered to sort this out for the OP, but they said they would rather sort it out themselves. oh well :)
  • Umkomaas
    Umkomaas Posts: 43,827 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    BrownTrout wrote: »
    I offered to sort this out for the OP, but they said they would rather sort it out themselves. oh well :)

    That's really looking a gift-fish in the mouth!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • gwen80
    gwen80 Posts: 2,255 Forumite
    Part of the Furniture Combo Breaker
    edited 6 November 2019 at 9:35AM
    BrownTrout wrote: »
    I offered to sort this out for the OP, but they said they would rather sort it out themselves. oh well :)

    You missed a significant part of the conversation out. I was asking about the chance of success in appealing and the risks if it weren't successful. Information that I seemingly can't get an answer to. The advice is simply 'do as I say'. I also explained that while my Mum might agree to play the 'elderly' card, I highly doubt she would agree to stating her health problems to some random company.

    The answer here isn't to offer to do something on someone's behalf (I don't know you, you could state anything on my Mum's behalf). The answer is to enable people to make the decisions and take the appropriate action for themselves.
    Though no one can go back and make a brand new start, anyone can start from now and make a brand new ending
  • gwen80
    gwen80 Posts: 2,255 Forumite
    Part of the Furniture Combo Breaker
    gwen80 wrote: »
    Ok, I've been reading the template and I notice the following:

    - If an occupant of the car is disabled or elderly/infirm, then the keeper can add that, without implying who was driving. A copy of the Blue Badge (BB) is a good idea to upload/attach, but a person with a long-term debilitating condition (not a broken arm!) can be disabled without a BB, and will be legally entitled to a 'reasonable adjustment'. That can and should include an extension of time, over and above free or paid-for parking time.

    How do you add this without implying who was driving? Something like 'the driver is X years old'. Aside from being 73 and not familiar with the airport, my Mum does have health problems. However, I would not want this to lead to her losing her licence... She has been driving since she was 17 and only one accident in that time. She just stopped in the wrong place. Plus I doubt she will want to declare any health problems.

    The other thing is there were double yellows where she stopped and I've asked her how long she was stopped for and she says she doesn't know, but she thinks several minutes, although the photos on the NTK are all from a period of <1 min.

    Plus I've seen no-one really helping with the points above. I'm sure the information and the posters on this board are trying to be helpful, make no mistake I'm sure of it, but from the other side as someone who hasn't had to deal with this situation before, it's very difficult to navigate and questions are left unanswered.
    Though no one can go back and make a brand new start, anyone can start from now and make a brand new ending
  • Umkomaas
    Umkomaas Posts: 43,827 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    None of the above will have any influence on the PPC - it never does - elderly and infirm, young and fit is irrelevant to them. They just want your mother's money. They've created a nasty little trap that she has fallen into, even if just momentarily. No matter what you say in an appeal to them, it won't cause even a pause in their pursuit. They want money!

    But what you must avoid, especially as byelaws and PoFA are possibly in play, is to reveal who was driving. Especially important where airport (and port and station) parking charges are concerned.

    Just use the ready prepared initial appeal template - unaltered - in the NEWBIES FAQ sticky, post #1.

    This will have to be sorted by a Judge, in the fullness of time (possibly). While VCS have instigated proceedings in a very small number of airport cases, they are not in the same proportion to their other general parking cases, which might suggest they are not so confident of winning at airports.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • gwen80
    gwen80 Posts: 2,255 Forumite
    Part of the Furniture Combo Breaker
    Umkomaas wrote: »
    None of the above will have any influence on the PPC - it never does - elderly and infirm, young and fit is irrelevant to them. They just want your mother's money. They've created a nasty little trap that she has fallen into, even if just momentarily. No matter what you say in an appeal to them, it won't cause even a pause in their pursuit. They want money!

    But what you must avoid, especially as byelaws and PoFA are possibly in play, is to reveal who was driving. Especially important where airport (and port and station) parking charges are concerned.

    Just use the ready prepared initial appeal template - unaltered - in the NEWBIES FAQ sticky, post #1.

    This will have to be sorted by a Judge, in the fullness of time (possibly). While VCS have instigated proceedings in a very small number of airport cases, they are not in the same proportion to their other general parking cases, which might suggest they are not so confident of winning at airports.

    Thanks, but if the elderly/infirm etc arguments make no difference, I don't understand the advice to include them.

    In terms of PoFA, the NTK states that after 28 days from the NTK issue date if they don't know the name of the driver, they will have the right to recover from the keeper any unpaid balance of the parking charge. Is that correct? If so, why is withholding the name of the driver so important?

    So this may go to court? What are the costs in that case? I have no idea...
    Though no one can go back and make a brand new start, anyone can start from now and make a brand new ending
  • Le_Kirk
    Le_Kirk Posts: 25,169 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If they don't know the driver, then they are limited to going after the keeper but ONLY IF they don't fail the POFA requirements.
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