Disabled parking and grace periods

Monetpainter

Hi new on this board, Ive read the newbies post, but wanted to clarify a few points before I use the template, I just want to make sure Im appealing to Popla with the correct information.

We parked in a LPS private parking for 13 minutes as I was collecting my disabled son from a club for people with disabilities.
We have been made aware by the activity organisers that there is a grace period of 10 minutes which is not advertised on the signage when using the drop off or collection from the community hall within this private car park. We park here once a month never had a problem before.  Just on this day as there is a building site taken over half the car park so places are limited including disabled parking places.  There are a lot of barriers in the car park and noise from the machinery which created anxiety for my son.
We were delayed in leaving the car park due to behavioural issues by my disabled son he didnt want to leave club so we went over the grace period.

We have a disabled badge.  We did not purchase a ticket.

I appealed to LPS and they have said no sorry not interested even when I said about the grace period they ignored it
Do we have a chance of appealing this and not paying?
When I appeal through Popla which option do I use from the 4 options they give you - did we park incorrectly or correctly, do we use the other option?
Ive never done this before, any help would be really grateful.

Many thanks

Coupon-mad

We know newbies have never done it before, which is why the 3rd post of the NEWBIES FAQS thread covers POPLA stage and which option to use.

Don't write it in your own words.  Ignore POPLA's so called 'guidance' on that!  See NEWBIES thread.

Did your first appeal admit to driving?

Full name of LPS please?  There are two.

Monetpainter

Ok thanks ill try and find that part of the newbies thread

no I didnt admit to driving

Stratford upon Avon LPS 

KeithP

Why won't you tell us the full name of the company?

Monetpainter

Full name is Local Parking Security Ltd,

If you need the address 

PO Box 6321, Warwick CV34 9QB

Coupon-mad

It's merely a case of reading the 3rd post of the NEWBIES thread.

It's 2 clicks away (see my signature below, for what the hyperlink looks like) and doesn't involve searching or trying to find something hidden.

Show us your draft first.

D_P_Dance

Have your read this?

https://metro.co.uk/2021/10/18/surrey-writing-on-womans-jumper-landed-couple-with-fine-when-she-walked-in-bus-lane-15439916/

Have you complained to your MP?

Monetpainter

Hello

Can you give me advice if this will work or not?

I cant post the whole letter

thanks

I received a notice to keeper dated 7th April 2022 from Local parking Security Ltd.

My appeal to the operator was submitted and acknowledged on the 12th April 2022 and rejected via an email dated 13th April 2022.

The reason for issue of the notice, according to the ANPR images, is that the car overstayed the paid parking time by 13 minutes. The car was displaying a blue badge and parked within a disabled bay outside of the Rosebird Community Hall.  The Rosebird Community Hall has a grace period of 10 minutes to collect and drop off at the community hall when using the facilities.

 

The car park currently has building work being carried out next to the Rosebird Community Hall which has limited a lot of the car parking spaces including the disabled spaces. We had to drive all the way through the car park to access the disabled parking area located by the community hall where there are only 2 disabled spaces available.  My son was attending an activity club for disabled young people.  We had to wait for other carers to move from the disabled spaces for us to park and collect our son from the community hall.  My son was reluctant to come out due to the noise from the building work, this made him anxious.

As the keeper, I wish to appeal against the PCN on the following grounds:

1.     No grace period given

 

2.     The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge

3.   No evidence of Landowner Authority

4.      No evidence of compliant signage

Coupon-mad

I'd remove this as it's not needed:

My appeal to the operator was submitted and acknowledged on the 12th April 2022 and rejected via an email dated 13th April 2022.

And revisit your words where you say 'we parked' because it sounds like you are admitting to driving (unless you already did admit that in the first appeal?).

Are you not going to say the NTK was non POFA?  Was it? In what wording?

And you need a 'Failure to meet the legal duty to make Reasonable Adjustments' paragraph, saying that 10 mins grace is not enough for disabled service users, and quote the BPA CoP where it says 'it might take some disabled people a long time' and that operators MUST adhere to the Equality Act 2010.  

This PCN is a failure to make reasonable adjustments of time, which is illegal - especially given the hall is used specifically for this club for people with special needs (explain what, if I've understood this correctly).  Given the patrons were disabled and the building work was both physically disruptive and an onslaught on the senses of the disabled passenger, this exactly why the BPA CoP grace period is a minimum, with a legal duty of flexibility for disabled persons.

Quote the BPA's Kelvin Reynolds in his BPA News article about grace periods (Google it).

Monetpainter

Ok thanks Ive amended as youve suggested, we didnt admit to driving no

What does NTK non pofa mean? what should I put for this?

Coupon-mad

You need to read the NEWBIES thread which explains POFA and how to dig deeper.  Link to the law is there.