Premier Park Ltd, Gladstone LBC

ravenlunatic

Hi,

I've received a letter from Gladstone regarding a parking ticket at a shopping centre from last year. 

I have asked Glastone to hold for 30 days and applied for a SAR from Premier Park Ltd.

My question is, I believe the incident they are referring to was when my mum went shopping and she has a habit of forgetting to put her blue badge up.

How do I defend this? She isn't resident in this country and was home on holiday.

Thanks

B789

A bit short on detail there to really be able to help.

B789

Who is the Gladrags letter addressed to? We will assume that the addressee is the RK. Is your mother who is not a UK resident the RK? We already know that she was the driver thanks to your post. Does Premier Park Ltd or Gladrags know that?

Not quite sure how a non-UK resident can apply for and receive a Blue Badge but if she has one, it will come in handy at some stage but if the PCN is for parking on private land, the BB rules don't apply.

So, go on, give us a bit more detail in order to assist.

ravenlunatic

B789 said:

Who is the Gladrags letter addressed to? We will assume that the addressee is the RK. Is your mother who is not a UK resident the RK? We already know that she was the driver thanks to your post. Does Premier Park Ltd or Gladrags know that?

Not quite sure how a non-UK resident can apply for and receive a Blue Badge but if she has one, it will come in handy at some stage but if the PCN is for parking on private land, the BB rules don't apply.

So, go on, give us a bit more detail in order to assist.

The letter is addressed to the RK. No, my mum is not the RK, she isn't resident in this country. She wasn't the driver, but thanks for presuming, just because I said she was shopping doesn't mean she drove herself.  No one knows who was driving.  Unless they have cameras at the entrances which I won't know until the SAR reply. Blue badges are issued in other countries, its not just a peculiar to the UK and they are universally accepted and all look roughly the same. The PCN is for being parked in a BB space without displaying BB. 

B789

OK... If they used ANPR, that cannot be used to identify the driver. It can only be used for what it says on the tin... Automatic Number Plate Recognition. This is not a criminal matter where forensic analysis can be used to try and identify a criminal. It is a civil matter.

I obviously assumed that your mother was the driver based on your wording. Maybe it is worth letting Premier Parking assume the same and letting them chase her where they have no chance of ever getting anything from this.

Was the PCN PoFA compliant?

ravenlunatic

At the moment I don't know how compliant they were as the vehicle is registered to my household and we were in the process of moving, this LBC is the first I've heard of an issue.  As for PoFA, I'm not sure it applies as, and I should have mentioned, we are in Scotland. I think it's a different kettle of fish for us. I know the transport bill was passed in 2019 and I'm plodding my way through the legislation but it doesn't seem as clear as the PoFA. 

Coupon-mad

Dear Gladstones,

We are in Scotland, yet you are threatening the English County Court; should you have gone to Specsavers?  Clear off.

Not only are we out of jurisdiction but in Scotland we don't actually have 'keeper liability' yet, because your industry kicked that can down the road with their pointless Judicial Reviews.

If you continue to pretend you can hold me liable as keeper it looks like you are asking for another report to the SRA.  Bring it on.

By the way, if it helps encourage you and your aggressive client to shuffle back under your respective stones, an occupant of the car is disabled and has a Blue Badge.  She also lives in (whatever country she lives in).

Cease and desist.

Yours faithfully,

B789

As always, @Coupon-mad has the correct response. However, I’m now assuming your mother lives in England. 

If only you’d mentioned the fact this “event” happened in Scotland in the first place…

ravenlunatic

No, my mum emigrated 20 odd years ago to a much warmer locale. Say around 6000 miles away or so 🤣

ravenlunatic

Coupon-mad said:

Dear Gladstones,

We are in Scotland, yet you are threatening the English County Court; should you have gone to Specsavers?  Clear off.

Not only are we out of jurisdiction but in Scotland we don't actually have 'keeper liability' yet, because your industry kicked that can down the road with their pointless Judicial Reviews.

If you continue to pretend you can hold me liable as keeper it looks like you are asking for another report to the SRA.  Bring it on.

By the way, if it helps encourage you and your aggressive client to shuffle back under your respective stones, an occupant of the car is disabled and has a Blue Badge.  She also lives in (whatever country she lives in).

Cease and desist.

Yours faithfully,

Amazing, I shall send them a reply once I've wasted their 30 day hold and received my SAR.  Wouldn't want them to feel like they worked for nothing. 

ravenlunatic

B789 said:

As always, @Coupon-mad has the correct response. However, I’m now assuming your mother lives in England. 

If only you’d mentioned the fact this “event” happened in Scotland in the first place…

Yes, it wasn't until you mentioned PoFA! Thank you for all your help 😌