Eurocarpark - Disabled Badge - POPLA Appeal

safeqaz

Hi All,

I received a NTK from Eurocarpark as i was parked in disabled bay and seems like disabled badge wasnt displayed. I swear it was displayed. Anyway received the NTK (see attached) as well as the rejected appeal from Eurocarpark.

Ive circled the area in red where i believe the disabled badge was displayed however there is a reflection so picture evidence isnt the best here.

Im currently drafting a POPLA appeal so will show that soon.

Any inital thoughts for POPLA appeal.

Thanks

Coupon-mad

I really hope you didn't appeal as admitted driver? That Ntk is missing some POFA paragraph 8 wording so as long as you only appealed as the keeper, that wins it.

What does the back of the NTK say?

Fruitcake

By zooming in, it looks to me as though there is a rectangular shape underneath the disc-holder. This suggests that "something" was displayed in the windscreen that may well have been a disabled badge, but the photo' was deliberately taken from an angle to hide this.

safeqaz

Hi,

@Coupon-mad I did not admit who was driving and there is nothing at the back of the NTK, What wording can i use as part of the popla appeal

@Fruitcake yes i see what you mean these lot are really deceiving anything to make money!


Thanks

Coupon-mad

The back won't be blank? Please show it.

safeqaz

@Coupon-mad i took the picture a while ago and my dad said it was blank. So cant say for certain as dont have this notice. So i guess all we can rely on is the front and use some points of POFA as you stated which may or may not work as i dont have the back.

Coupon-mad

OK so you can see that the front doesn't have all the wording in para 8 of schedule 4.  Play spot the difference (don't ask us...it's easy!).

The back has loads of words though...

safeqaz

Ok, played spot the difference and seems the following are missing :-

"state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

g) inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

(7)When the notice is given it must be accompanied by any evidence prescribed under paragraph 10.

So seems like they did not give the opportunity for to idenity the driver and address. Also did not provide me of any discount furthermore there was no evidence.

Seems like they are the points i will write in my appeal.

Coupon-mad

All except this as there never was anything set by paragraph 10.  It's a nullity. 

(7)When the notice is given it must be accompanied by any evidence prescribed under paragraph 10.

B789

"Date of issue 15/08/2023". Date of the NtK "19/09/2023". PoFA fail too.

1505grandad

Windscreen ticket.