Park Watch PCN Arena park parking in a disabled bay

mzed005

Hi all.

So I received a PCN a couple of weeks ago (issue date 01/11/21). On the PCN it states " Parking in disabled bay without clearly displaying a valid disabled badge".
They added 2 pictures on the letter, which absolutely made no sense and not showing I was parked in a disabled bay. I honestly don't think I was parking in a disabled bay and was actually parking in the parent/child bay but I am not 100% sure. I did email Arena park to see whether they can help but have not received a reply. 

I've had a look at the newbies thread and will be copying the below letter on the online appeals form. I'm pretty sure that's all I need for starters right?

Thanks all.



Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

Fruitcake

If that is the appeal template in blue text from the NEWBIES, then it is the correct thing to send. I hope you didn't reveal the driver's identity when you contacted the landowner.

You should also get pics of the site and signage (on foot) in similar light/weather conditions.

D_P_Dance

If you have a bluebadge you are entitled to benefit from  protected chararacteristics, read this

https://www.equalityhumanrights.com/en/equality-act/protected-characteristics

mzed005

Fruitcake said:

If that is the appeal template in blue text from the NEWBIES, then it is the correct thing to send. I hope you didn't reveal the driver's identity when you contacted the landowner.

You should also get pics of the site and signage (on foot) in similar light/weather conditions.

Hi, no I didn't reveal the driver when I contacted the landowner.
I'll try and get the pics of the site and signage. This shouldn't be added in the first appeal right?

Umkomaas

I'll try and get the pics of the site and signage. This shouldn't be added in the first appeal right?

Depends what you're really trying to say. But, in general terms, save any photos of real help to you for your POPLA appeal in a few weeks time. 

It's likely that the PPC will have more photos of your vehicle and where it was parked on their website. They may reveal more to your advantage (or disadvantage!). 

For future reference, Park Watch 'specialise' in physical 'contraventions' like disabled bays, hatched areas, no parking areas, tyres touching white lines. If you ever park in one of their car parks again, line the car up ultra-straight and in the correct place!

mzed005

Umkomaas said:

I'll try and get the pics of the site and signage. This shouldn't be added in the first appeal right?

Depends what you're really trying to say. But, in general terms, save any photos of real help to you for your POPLA appeal in a few weeks time. 

It's likely that the PPC will have more photos of your vehicle and where it was parked on their website. They may reveal more to your advantage (or disadvantage!). 

For future reference, Park Watch 'specialise' in physical 'contraventions' like disabled bays, hatched areas, no parking areas, tyres touching white lines. If you ever park in one of their car parks again, line the car up ultra-straight and in the correct place!

Thanks for the info!
I've been to Tesco loads of times before and on the given day it was very busy. Like I said I assumed I parked in the parent/child bay but they claim I parked in the disabled bay. Looking at the pics they sent you cannot tell it was a disabled bay.

Yeah just looked on their website and they do have pics of my car parked in the disabled bay

mzed005

I'll send the first appeal but not sure how I'll be getting out of this one 

Umkomaas

I've been to Tesco loads of times before and on the given day it was very busy.

I guess this is a multi-outlet retail park rather than an exclusive Tesco car park, so there will be a managing agent looking after the running of the car park. Complaints to them can sometimes get the charge cancelled, but the photographic evidence won't help you.

Yeah just looked on their website and they do have pics of my car parked in the disabled bay

Extremely emotive issue, unlikely to find you much sympathy. It's vital that all aspects of the parking conditions are fully complied with or private parking companies will continue to thrive. 

Fruitcake

If the driver genuinely didn't know this was an accessible bay, it would suggest that signage and/or ground markings were inadequate. A return visit using a dash cam or passenger with a camera or on foot, following the route taken by the driver might show this to be the case.

There is of course no legal or lawful requirement to display a blue badge on private land because the blue badge scheme does not apply on private land. This does not excuse deliberate misuse of an accessible bay, but in the current circumstances I don't think this was the case. What the PPC thinks of course will most likely be different.