Got a ticket for parking in a disabled bay that was barely visible... would you mind having a look?

ItsFlooK

I got a ticket for parking in the bay pictured below. I nipped into spec savers for 5 mins and honestly couldn't see the signage on the floor of the left bay. I saw the sign and assumed it meant the space to my right which is slightly more visible. UKCPS have sent a letter saying they want £100 for the mistake and I feel as though I have a case. My appointment was also later in the day when the sun was on the carpark which made it even harder to see the faint yellow lines. 

If anyone has experience with this sort of appeal it would be brilliant to hear some advise. Thanks in advance

Umkomaas

I don't think any mitigation will help you here, the disabled symbol, while not overly obvious, is still there (was there a reason for attending Specsavers? 😄) and no appeal will work in my view.  Likewise with the sun's positioning. 

This doesn't mean you have to pay a private firm £100 for a slip-up, but you will need to deal with some paperwork from them and their (ignorable) debt collectors over the coming months. 

Please read the NEWBIES FAQ Announcement, first post, and use the template initial appeal to show that you've engaged in trying to resolve the issue. 

UKCPS have 6 years to pursue you through the courts, but they've been pretty benign in this context for the past couple of years. You just have to ride this out, dealing with each phase as it arrives. 

Please be aware that the law surrounding private parking is changing and those abusing disabled parking spaces (even inadvertently) will face the severest of all private parking charges in the months to come. Be careful.

ItsFlooK

Hahaha very fair point about specsavers which I hadn't considered that is hilarious. Thanks for the info though it's appreciated. I'm going to ignore them and if, worst case scenario it goes to court i've got a few pictures that I can hopefully defend myself with. 

Umkomaas

Please send in that initial appeal - just use the template unaltered. Judges have recently frowned on defendants where they have not engaged in the appeals process, so for the sake of a copy and paste, the initial stage is ticked off. 

Using that template also warns UKCPS that the MSE forum is now involved - might make them think twice as to how far they should go in pursuing you. It's not a magic bullet; there isn't one unless you can get a landowner cancellation - but they probably won't be sympathetic about disabled bay 'abuse'. 

Go through the phases.  

Half_way

never use terms that id the driver, no he, she, I, wife, husband, son, daughter etc.

Also im in partial agreement that the markings are poor, my instinct would be to go for a landowner complaint factoring in the badly faded markings, disabled bays should be clearly marked.
 a so called appeal won't get far either, I helped someone off forum for similar, the bay was obscured by snow and the  so called appeal failed as it was deemed the driver should have cleared the snow

D_P_Dance

IMO that sign is unlikely to convince judge that a contract was agreed, far too wordy, print too small. 

Read the Consumer Relations Act viz a vz unfair terms in consumer contracts.    Also read this and complain to your MP..

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p1

Le_Kirk

Half_way said:

never use terms that id the driver, no he, she, I, wife, husband, son, daughter etc.

Also im in partial agreement that the markings are poor, my instinct would be to go for a landowner complaint factoring in the badly faded markings, disabled bays should be clearly marked.
 a so called appeal won't get far either, I helped someone off forum for similar, the bay was obscured by snow and the  so called appeal failed as it was deemed the driver should have cleared the snow

All (most) appeals fail as there is nor profit in accepting appeals, however, @Umkomaas is right, it informs the PPC that we are on the case and it certainly looks good if it comes to a court case that you have attempted to narrow the issues and deal with it without wasting the court's valuable time.

Fruitcake

ItsFlooK said:

Hahaha very fair point about specsavers which I hadn't considered that is hilarious. Thanks for the info though it's appreciated. I'm going to ignore them and if, worst case scenario it goes to court i've got a few pictures that I can hopefully defend myself with. 

Ignoring a PCN is not a good idea, and has not been advised here since the law changed in 2012..

A judge recently berated a motorist who had not contacted the parking company before court proceedings began. You should at least make the initial appeal as per the template in the NEWBIES.