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Parking Eye Blue Badge Holder

edited 30 December 2020 at 12:36PM in Parking Tickets, Fines & Parking
14 replies 121 views
BlueManBlueMan Forumite
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edited 30 December 2020 at 12:36PM in Parking Tickets, Fines & Parking
Hi,
So I have received a parking fine from Parking Eye. My wife was driving the car at the time and had her mother in the car at the time, who has a blue badge. The blue badge was on display, but my wife or her mother did not register the reg plate after they had left the car park, as they did not think they needed to as a blue badge was on display. Obviously, because parking eye takes pictures on entry and exit they would have not seen the blue badge. They were parked under 2 hours, but did not park in a disabled parking area as there was no free spaces in the disabled parking area.
What is the best initial course of action here please?
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Replies

  • UmkomaasUmkomaas Forumite
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    Was a payment required for parking?  Did you pay it?  What kind of car park - retail, hospital, hotel ...... ?
    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.
  • edited 30 December 2020 at 12:48PM
    RedxRedx Forumite
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    edited 30 December 2020 at 12:48PM
    What is the actual contravention on the NTK PCN ?

    Why does the VRM need to be registered on exit ?

    Did Parking Eye comply with POFA on timescales and wording ??

    What did the landowner or managing agent or retailer say when the RK ( YOU ) complained about receiving this PCN ? Which location is it

    If it was a pay and display car park , was the tariff paid ? Or not ?

    There is no free option for a blue badge on private land , the signage must be complied with by the driver , as should all signage on roads and in car parks

    Show us a redacted picture or pictures of both sides of the NTK PCN
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • edited 30 December 2020 at 1:00PM
    BlueManBlueMan Forumite
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    edited 30 December 2020 at 1:00PM
    I am going to go today and see what the signage exactly says, as I don't know at this point. It was pay and display, but as I mentioned my wife and mother thought they did not have to pay, so did not pay as they said the signage is poor and did not see it.
    I have not complained yet to the landowner etc. I can do that today as the first course of action if you think this should be the first step?
    The car park was a multi story car park attached to retail centre/shops.
    The contravention is saying 'by either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted, in accordance with the terms and conditions set out in the signage, the parking charge is now payable to ParkingEye Ltd (as the Creditor)." 
  • edited 30 December 2020 at 1:05PM
    RedxRedx Forumite
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    edited 30 December 2020 at 1:05PM
    The first step is ALWAYS plan A , a landowner complaint by you the keeper , nothing else has a higher priority

    The blue badge has little relevance on private land , so check what the signs say and get pictures

    The NTK PCN tells you what the error was , plus check it against POFA too

    So it seems that it's either an overstay , or more likely non payment at a pdt machine !! Meaning a payment was required and blue badge holders are not exempt which is what the signs will say

    Tell the driver to check signs in future and to comply with the signs , it's the basis of the legal contract
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • UmkomaasUmkomaas Forumite
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    Unless it says clearly that parking is free for BB holders, you must assume that a payment is required. Please check your BB handbook - private parking and council parking are chalk and cheese. 

    The BB is now an irrelevance and the ticket must be fought on technical grounds - as outlined in the NEWBIES FAQ sticky.  
    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.
  • BlueManBlueMan Forumite
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    If this is all still relevant for the POFA timescales and wording then it all seems to be in the PCN. The PCN was issued 4 days after the alleged event.
    • Which car the ticket relates to
    • What land the car was parked on
    • The period the car was parked
    • When and how the parking rules were broken
    • What the parking charges are for the infringement of the rules, and of the maximum additional costs they may seek to recover,  and the date by which those parking charges should be paid
    • Any discounts for paying within 14 days – which should be at least 40% of the full charge under the British Parking Association (BPA) Code of Practice (applies to BPA Members only)
    • How to pay and to whom (this must be the person legally entitled to the money – the “Creditor”)
    • The date the time the notice was issued
    • How appeals and complaints can be dealt with – for parking companies who are members of the B PA.
  • BlueManBlueMan Forumite
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    Ok thanks both for your help
  • edited 30 December 2020 at 1:16PM
    RedxRedx Forumite
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    edited 30 December 2020 at 1:16PM
    The chances are it complied with POFA under the 14 day rule and the POFA warning , plus those details

    I believe that it was a pay and display car park and no concessions for blue badge holders , hence non payment results in a valid PCN , a classic example of the driver assuming the blue badge allowed free parking (it doesn't , I have had one for decades ) and not reading the signs on the car park ( I ALWAYS read the signs since coming here 7 years ago )

    Any win would depend on no landowner authority or contract , or poor and inadequate signage on the site
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • UmkomaasUmkomaas Forumite
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    Was there a section on the reverse of the NtK about their rights to pursue the keeper under the Protection of Freedoms Act 2012 (Schedule 4)?
    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.
  • D_P_DanceD_P_Dance Forumite
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    Some judges regard wrong/missing VRNs as trifling, a waste of court time,  read this

    https://en.wikipedia.org/wiki/De_minimis#:~:text=De minimis is a Latin,refuses to consider trifling matters.

    and complain to your MP.
    You never know how far you can go until you go too far.
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