District Enforcement 5 different NTK

Judisparklez

I have spent a lot of time reading other cases with DE but a lot are before they switched to IPC, I want to check I have understood correctly. I believe that the best course of action in this case is to wait out the court action but I understand that will be quite likely and want to make sure I don't miss the chance to appeal if I should. 

The facts:
My mum has a motobility car. She has received 5 NTK for 5 separate occasions when her carer used a DE car park in England. The dates span two weeks from the end of June/ start of July. 
The car park management was taken over by DE in September, until then it had been council managed and free to park on for Blue badge holders. DE have removed this exemption so her NTK state failure to pay. 

Defence comprises of -
she was not the driver,
the changes to parking terms are poorly signed in very small print- impossible to read before parking particularly if you have a visual disability which she does,
the NTK stated the time she left the car park and charge relates to "the period of parking that immediately preceded the time and date stated". Apparently they only have one camera and would be unable to prove that the car did not drive onto and straight back off the land. 

I am confident that this can be defended but wanted to check if I should still submit an appeal in the expectation it will be rejected. Do I explain she is not the driver at this stage? The carer was employed through an agency and no longer works for them so will be nigh impossible for them to track, can I get it thrown out on this basis?

The land owners are not a local business and I have been unable to find contact details, is it worth using land registry to complain to them? 
Thanks in advance

Umkomaas

Appeal each PCN separately using the blue text initial appeal template from the NEWBIES FAQ sticky, first post, unaltered, no need for any explanations!  Should it get to court, it will at least show to a Judge that engagement was made with the PPC in order to try to resolve the situation. 

Try any method you can to find the landowner. But if it is privately managed land, what were the LA doing there 'managing' it. Contact the LA and find out whether any LA Parking Orders applied to the land, and, if so, are they still in place. Do this in writing. You can use a Freedom of Information Request to make sure you get a timely reply and you get 'the whole truth, and nothing but ......'

https://www.whatdotheyknow.com/

Redx

It is ALWAYS worth complaining to the landowner , at any time , but the sooner the better , even if you have to pay the land registry a small fee

The Equality Act 2010 is what covers her but does not exempt anyone from paying for parking if the signage stipulates it , not even on council car parks , never mind private car parks

She is the keeper of the vehicle because it's her name on the Motability contract , not being the driver may not change the responsibility issues she may have as keeper , namely did DE comply with the law named POFA or not ? Check every PCN against POFA

If DE complied with the law named POFA 2012 , then it's her responsibility (yes I understand her disabilities etc , but the law is the law)

They should all be appealed if payment is not on her agenda , but do not assume it's an open and shut case , her case is complicated and POFA is a major factor in liability

Coupon-mad

Is this still Council owned, I expect?  This is unlawful then.

DE run (ruin) more than one Council car park even though Robert Goodwill's letter to local Authorities banned them from revoking valid Parking Places Orders under the TMA and pretending that Council car parks could be run as if they were under contract law. 

Also as she wasn't the driver, she can't be liable on this land.

Show us a PCN - the wording front and back, please.  Cover your ID.

Judisparklez

Thank you for all the suggestions. I can confirm it is not Council land, Council used to lease it from a private landlord but did not renew the lease at the end of last year which is when DE got involved. I have submitted an FOI regarding parking orders and identified the local family that own the land who I will attempt to contact.

hxxps://imgur.com/a/QKu4Ihz

Notice to keeper

Having looked through POFA2012 the only point that they seem to lack is 7.2 (a) "specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; "

There appears to be only one camera at the exit and their notice refers to "the period immediately preceding" the time. Indeed in looking at local facebook groups I have come across someone who drove into the car park, saw that it was no longer free and drove out again. They have been issues a NTK and appealed.

Umkomaas

https://imgur.com/a/QKu4Ihz

Umkomaas

I notice that the NtK seems to partially show that it was addressed to the 'Company Secretary'. Are DE corresponding directly with your mother, or with Motability, who have simply passed the paperwork to your mother for handling?

Coupon-mad

If these are all fairly recent she should do an email appeal (or you set up an email account in her name and do it for her as if you were her) listing ALL the PCN numbers - check them carefully, every one - and state that she is disabled and attach proof, and that she was not the driver but they know from the DVLA that this is a Motability vehicle.  She was the passenger and the car can only ever be used for her needs - Motability rules. 

State that:
This land was Council managed and free to park on for Blue badge holders and her driver has used it more than once before, and there were no signs to tell anyone that the Parking Places Order had been revoked and/or that there had been changes in regulations. No extra 'the rules have changed' signs were at the disabled bays that could be read from the driver/passenger seat and tis is in breach of the code and she wishes to see proof that the landowners have revoked the traffic order and what sigs were next to the car.

And that this email relates to all the PCNs and should also be taken as a SAR (for all photos) as well as an appeal.

Judisparklez

Umkomaas said:

I notice that the NtK seems to partially show that it was addressed to the 'Company Secretary'. Are DE corresponding directly with your mother, or with Motability, who have simply passed the paperwork to your mother for handling?

It has her full name and address just has company secretary as the first line

Judisparklez

Coupon-mad said:

If these are all fairly recent she should do an email appeal (or you set up an email account in her name and do it for her as if you were her) listing ALL the PCN numbers - check them carefully, every one

And that this email relates to all the PCNs and should also be taken as a SAR (for all photos) as well as an appeal.

The options they give are to appeal by post or by completing their online form which asks for a specific PCN number. They also have a general enquiries@ email.

Do you recommend completing the online form with the same text for all (based on the newbies thread with the additional wording you have provided regarding the recent changes) 5 PCN or sending an email to their general address? Sorry if it should be obvious, I don't want to give them any way of saying I did not follow the correct process.

Coupon-mad

I said to email because the PCN you that is one way to appeal.  Clearly that's what you can go by!  Why are you looking for a general email?  The PCN gives you the email address...under the heading 'APPEALS'.

Do it exactly as advised, in her name, as if you are her, using a new email account for this purpose only.  Obviously checking it regularly...also you might prefer to give her address as YOUR address as if she lives there, so she gets no letters whatsoever, at all, and is not intimidated into paying.   

Tell her you are handling it and she will hear no more.