I have ADHD and cannot get my head around appealing a Civil Enforcement parking fine. Advice please.

Kinkykat_2

Thanks for your response.

 Ah yes, I had missed the fact that there was a reference number in the middle of the main body of the letter.  I have edited that now. Thanks for this!

I will try to make sense of POPLA. I am so scared of doing the wrong thing or submitting wrong information.

How did they find out I have a blue badge? Do they have close up images or videotape of me eating inside my car? My badge was on the dashboard but they would have to zoom in close to see it properly...I feel violated and vulnerable if this is the case.

Coupon-mad

No - they assumed you did because you added words about meeting the definition of disability.

Crack on with POPLA if the complaints you made don't work.  But follow them up FIRST and attach a scan of your Blue Badge, reminding them that failure to have flexible policies (including time limits) is indirect discrimination under the Equality Act and whilst their parking agent has ignored this legal duty, will they, given they are jointly and severally liable for this EA breach?

DO NOT TRY POPLA YET.

PUSH THOSE COMPLAINTS UP THE CHAIN WITH A COPY OF YOUR BB.

Umkomaas

Kinkykat_2 said:

Thanks for your response.

 Ah yes, I had missed the fact that there was a reference number in the middle of the main body of the letter.  I have edited that now. Thanks for this!

I will try to make sense of POPLA. I am so scared of doing the wrong thing or submitting wrong information.

How did they find out I have a blue badge? Do they have close up images or videotape of me eating inside my car? My badge was on the dashboard but they would have to zoom in close to see it properly...I feel violated and vulnerable if this is the case.

Perhaps they've drawn that inference from your initial appeal?

the driver has a disability and therefore required extra time in accordance with the strict requirements of the Equality Act 2010.

Fruitcake

You mentioned a disability, and the EA 2010, so they assumed you have a Blue Badge even though it is not the only indicator of a disability. Don't worry about it.

You now need to concentrate on your PoPLA appeal using all the relevant points from the third post of the NEWBIES.

These will normally include, but are not limited to,

Not the landowner
No standing to issue charges in their own name
Inadequate signage
BPA CoP failures
Non PoFA compliant NTK, (but I think CEL's NTKs are compliant so it wouldn't be relevant, and it makes it difficult to introduce points about a disability as well)

In your case I would start with your disability, that you have protected characteristics in accordance with the Equality Act 2010 and not making reasonable adjustments is discrimination.
It doesn't matter that the parking operator did not know before they issued the PCN. Not making reasonable adjustments in anticipation that some motorists will need extra time is indirect discrimination.
Now that they are aware of your disability, failing to make reasonable adjustments from now on will constitute direct discrimination.

PoPLA don't normally allow mitigation but, it is included in the new mandatory code of practice that is due to come into force next year.
Earlier this year the BPA told all its members that they must start to implement the requirements of the new CoP as a matter of urgency, so you should mention this, and therefore mitigation must now be considered otherwise the operator will be in breach of the BPA's instructions.

Coupon-mad

But landowner complaint follow-up and escalation to manager, with that Blue Badge first.

POPLA is only a last resort.  NOT YET.