PCN issued at Matisse road Hounslow by private parking solutions (London) limited - appeal rejected

Boat_to_Bolivia

KeithP said:

wajira27 said:

Boat_to_Bolivia said:

Split it over 2 reply boxes. 

As I recall others have mentioned you have 32 days to use your POPLA code.

Just checked the POPLA website and it say the code only last 28 days from date of issue. 

You have 33 days.

Oops I was a day out, I have edited my post accordingly and will go to the back of the class

B789

wajira27 said:

B789 said:

You didn't mention anything about the Equalities Act 2010 and indirect discrimination. No mention of Jopson v Homeguard and small vicissitude.

As @KeithP has mentioned above, we know the POPLA website says 28 days but we know from experience that it actually lasts 33 days.

Thanks,  can you please explain a bit how it relates to my incident and context please. Or point me in the right direction. 

According to your statement above, your son has a long-term chronic condition which should fall under a "disability". Have a look at this document that explains how to assess various conditions to see if they fall under the terms of the Act:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/570382/Equality_Act_2010-disability_definition.pdf

Also, have a read of Jopson v Homeguard with reference to the Judges view of what a small vicissitude and "parking" is.

https://www.dropbox.com/s/9ezhkj6epu66l1r/JOPSON-V-HOMEGUARD-2906J-Approved.pdf?dl=0

wajira27

B789 said:

watjira27 said:

B789 said:

You didn't mention anything about the Equalities Act 2010 and indirect discrimination. No mention of Jopson v Homeguard and small vicissitude.

As @KeithP has mentioned above, we know the POPLA website says 28 days but we know from experience that it actually lasts 33 days.

Thanks,  can you please explain a bit how it relates to my incident and context please. Or point me in the right direction. 

According to your statement above, your son has a long-term chronic condition which should fall under a "disability". Have a look at this document that explains how to assess various conditions to see if they fall under the terms of the Act:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/570382/Equality_Act_2010-disability_definition.pdf

Also, have a read of Jopson v Homeguard with reference to the Judges view of what a small vicissitude and "parking" is.

https://www.dropbox.com/s/9ezhkj6epu66l1r/JOPSON-V-HOMEGUARD-2906J-Approved.pdf?dl=0

Thanks....I will go through the details 

wajira27

B789 said:

wajira27 said:

B789 said:

You didn't mention anything about the Equalities Act 2010 and indirect discrimination. No mention of Jopson v Homeguard and small vicissitude.

As @KeithP has mentioned above, we know the POPLA website says 28 days but we know from experience that it actually lasts 33 days.

Thanks,  can you please explain a bit how it relates to my incident and context please. Or point me in the right direction. 

According to your statement above, your son has a long-term chronic condition which should fall under a "disability". Have a look at this document that explains how to assess various conditions to see if they fall under the terms of the Act:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/570382/Equality_Act_2010-disability_definition.pdf

Also, have a read of Jopson v Homeguard with reference to the Judges view of what a small vicissitude and "parking" is.

https://www.dropbox.com/s/9ezhkj6epu66l1r/JOPSON-V-HOMEGUARD-2906J-Approved.pdf?dl=0

I went through the qualities act 2010 and my son’s long term condition is recognised as a disability.

if I say like this…..

I dispute this parking charge on the ground of disability discrimination under equality act 2010. My son’s long-term condition is categorised as disability under the equalities act 2010 and even though I have mentioned this medical condition in my appeal to PPS, they have not given due consideration when assessing the appeal. This amounts to disability discrimination.

B789

That's much better but I'll wait and see what those more experienced in legalese and the art of wording Defences have to say. I'm not sure that you can just "dispute" the charge solely on the grounds of indirect discrimination.

Coupon-mad

POPLA don't consider the Equality Act.

wajira27

Coupon-mad said:

POPLA don't consider the Equality Act.

Thanks,  should I include my challenge based on the equality act or remove it?

If I am to include it, can someone help me to get the wording correct and the argument applicable to the context please?

Thanks 

Coupon-mad

Mention it only briefly.  No point labouring it.  Do not make it your first point.  Don't distract the badly trained (non-legally minded) Assessor from the easy stuff they are looking for.

Concentrate on breaches of the BPA Code, as per the example POPLA points already written, in the third post of the NEWBIES thread showing a worked example with photos embedded.

No talking about the Road Traffic Act, or mitigation, and certainly don't call the bullyboy ticketing goon a 'warden'!

Surely your main points are unclear signs, no grace period, no landowner authority (as per usual).  We've been doing POPLA appeals for years and it's all been tried & tested which is why the NEWBIES thread 3rd post exists.

If you have other evidence (e.g. if you think it's the wrong location), add that too.

Also don't overthink it.  No-one here pays even if they lose at POPLA.

Was this a windscreen PCN?

wajira27

Coupon-mad said:

Mention it only briefly.  No point labouring it.  Do not make it your first point.  Don't distract the badly trained (non-legally minded) Assessor from the easy stuff they are looking for.

Concentrate on breaches of the BPA Code, as per the example POPLA points already written, in the third post of the NEWBIES thread showing a worked example with photos embedded.

No talking about the Road Traffic Act, or mitigation, and certainly don't call the thug a 'warden'!

Surely your main points are unclear signs, no grace period, no landowner authority (as per usual).  We've been doing POPLA appeals for years and it's all been tried & tested which is why the NEWBIES thread 3rd post exists.

If you have other evidence (e.g. if you think it's the wrong location), add that too.

Also don't overthink it.  No-one here pays even if they lose at POPLA.

Was this a windscreen PCN?

The PCN came in the post.  It was taken by a warden who was hiding inside a vehicle praying on people!
I have explained this under my point 7 in the draft appeal above. 

B789

Please stop stressing about POPLA. If you don't get this cancelled at POPLA, it is no big deal and you move on to Plan D. If they ever decide to make a claim, this is where you will win because a Judge is a truly independent arbiter and you can then use all the points, including the EA to get this scammer off your back.