**win** Parking notice advice

pmh78

Hi,
I am after some advice about how to deal with a parking charge notice from euro car parks. I have read the post and had a good look through and I am going to appeal the decision but not sure if I should use the template.
The driver who is registered disabled and a blue badge holder pulled into a car park next to the bank, realised that the car park was not owned by the bank but by a public house and there was a clear sign so pulled back off again.  Due to limited mobility this process took around 4mins as the sign was not infront of them but on the side. They did not leave the car and the images provided show them on the car park and  reversing off 4m38s later. They had to reverse onto a main road and across a footpath so had to make sure it was safe to do so so the time they spent on the car park seems justified and the parking notice not.  The contravention issued was for parking for patrons whilst on the premises.

How would you advise appealing this notice?

many thanks

Le_Kirk

The KEEPER should just use the standard appeal found in blue text in the NEWBIE sticky first post with no additions, deletions or alterations.  Who received the parking charge notice?  Whoever that was is the person who appeals.  It would be a good idea to amend your post above so that the DRIVER parked the car and the KEEPER received the PCN.  Parking companies read these fora and look for posters to trip up by giving clues as to the driver's identity.  The KEEPER has protection in law (the POFA 2012) whereas the driver does not.

Umkomaas

If the total time shown on the NtK is actually less than 5 minutes, the BPA Code of Practice allows a 5 minute grace period and ECP should not have ticketed. 

Read the Code of Practice, understand grace periods, then send a formal complaint to Steve Clark of the BPA. In addition, ECP had 'no reasonable cause' (that's a specific phrase you will need to use) to access your details from the DVLA and are potentially in breach of the GDPR/DPA. So this requires a complaint to the DVLA. Links for you are listed below. 

 https://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2020_v8(2).pdf

steve.c@britishparking.co.uk 

ccrt@dvla.gov.uk

and (send to both)

KADOEservice.support@dvla.gov.uk 

All the above in addition to following the advice provided by @Le_Kirk above. 

Fruitcake

As above, edit your post before you do anything else. Only ever refer to The Driver and The Keeper, who are two different people as far as the law is concerned.
The keeper has protections in law that the driver does not.

The keeper should send the appeal template in blue. They could if they wished add that the vehicle was not parked, and grace periods have not been applied. In addition, the driver needed extra time to leave the car park due to their disabilities and thus has protected characteristics in accordance with the Equality Act 2010, and the scammers should now cancel the charge accordingly.

Complain to the landowner about the actions of their contracted scammers and also complain to the IPC that neither grace periods nor allowances in accordance with the EA 2010 were given.

Just so you know, there is no such thing as a register of disabled persons in this country so The Driver cannot be on one, and the blue badge scheme does not apply on private land. However, the EA 2010 does apply and landowners and their agents must make allowances for disabled motorists, even if they do not know about their disability at the time of the alleged event. This is called indirect discrimination. 

pmh78

Thanks for the advice, can someone please tell me how to edit my original post as I cannot see a way

Le_Kirk

As you are a new user, you will not be able to edit for a while (time and posts), once you see a small gear wheel to right of the blue band above your post, click on it and you will see a further option available to edit (sorry, didn't clock that you were a new user).  Alternatively send a PM to one of the board guides with the text you would like to use and ask them to modify.

Umkomaas

Alternatively send a PM to one of the board guides with the text you would like to use and ask them to modify.

I don't see links to Board Guides anymore (previously at the bottom r/h side of the forum thread list) - Crabman, soolin and savvy. 

Coupon-mad

This isn't Euro Car Parks at all, is it?  They don't issue PCNs in 4 mins. 

Euro PS maybe?

Or ES Parking at Spinningfields scam site, maybe?

pmh78

Your right it’s Euro ps does that make a difference?

Redx

yes it does, you cannot complain to the BPA or S Clark due to EPS being in the IPC

(if it had been ECP no pcn would have been issued , they are a BPA member))

see E here https://theipc.info/aos-members/e

you could download and read the IPC CoP from their site, reading up on grace periods

the best option is plan A in the newbies thread, a landowner complaint and cancellation, mentioning the EA2010 and that reasonable adjustments should have been applied

no blabbing about who was driving

pmh78

I have had a read of the ipc code of conduct and they mention a grace period for the driver to consider if they want to park but it does not mention any amount of time only the work reasonable. What if the driver I rented to become a patron but realised the establishment was closed so drove off?