PCN for not displaying a blue badge at Liverpool Lime Street APCOA car park

thevaliant

I posted this over on PePiPoo already a few days ago, but figured there was no harm in getting further advice:

"I am the keeper of the vehicle. Earlier, the driver has returned and informed me (the keeper) that they have received a windscreen PCN for parking in a disabled bay at the APCOA car park at Liverpool Lime Street without displaying a blue badge.

A passenger in the car does have a blue badge and was with the driver, but the driver simply forgot to display it on this occassion. On previous occassions, the driver has remembered when he has used that car park in the past.

The driver has taken photos of the signage, and I'm sure will pass me the photos shortly, but the signage seems to indicate that if the driver parks in a disabled bay they must display a blue badge (which wasn't done due to forgetfulness).


I'm well aware the four main defences around private charges are:
(1) POFA fail - and therefore can't hold the keeper liable.
(2) Lack of signage
(3) Inadequate landholder authority
(4) Claimed 'breach' didn't occur (eg, double dip or not an overstay or whatever)

Excepting possibly (1) (which I'll get details from the driver later), I don't see any other obvious route to a successful defence.

The law can be an !!!!!!, but whilst the driver should've displayed a blue badge, they simply forgot on this occassion."

Adding further, following the Newbie advice thread I haven't yet appealed, and indeed I intended to wait a couple more weeks before doing so as Keeper, and then appeal on the grounds that the driver simply forgot to display the badge and here's a copy, along with a business reason of, "I've parked here previously, I'll park here again, but not if you charge me £85 to do so."

The only other thoughts (from PePiPoo) is:
It's the station car park at Liverpool Lime Street. Isn't this non-relevant land (so POFA can't be used)? However, the signs don't indicate this, and the charge provided was definiely a Parking Charge Notice (not PCN).

I haven't seen very much similar around failing to display a blue badge, and very little at the car park itself because its virtually impossible to attract a PCN as its barrier controlled (so the driver already paid a fee to exit - I was wondering if this is an appeal point, that the PCN could be deemed a penalty not saved by Beavis, as whilst a 'commercial car park' a turnover of cars is NOT expected - and indeed is something they, APCOA, don't want to happen as they earn money by the hour).

Any further thoughts please?

Umkomaas

Provided this isn't a hire/lease/ company car, wait for the NtK to come through to the registered keeper, then send the blue text initial appeal from the NEWBIES FAQ Announcement, first post, with the following paragraph added at the end. 

As your Parking Charge Notice does not comply with the requirements of the Protection of Freedoms Act 2012 (Schedule 4), you are, in law, unable to hold the registered keeper of the vehicle liable for the parking charge; I suggest therefore that you contact the driver. As there is no legal requirement placed on the registered keeper to identify the driver, I will not be doing so.'. 

B789

thevaliant said:

Any further thoughts please?

Stop overthinking this. Umkomaas has provided the simplest response you need to give APCOA. If you're feeling particularly generous, you could provide them with a photo of the blue badge. Personally, I wouldn't bother, having dealt with APCOA previously.

They won't want to refuse your appeal as they then have to pay POPLA for a code and they know they will lose there so you use the above appeal and wait for the inevitable letter where they tell you that you are a very naughty person for ignoring their "rules" but as a gesture of goodwill, they will let you off this time and you must forever obey their rules in future.