Popla appeal PCN premier park BB not displayed

confusedannie

very sorry, I think I worked out its the POPLA Code. 

confusedannie

I submitted the appeal to popla last Monday 27th November. On Wednesday 29th November I received the email below from popla… I have clicked on the link to view the evidence but I’m really not sure how to respond before the deadline on Wednesday 6th December.

I have saved the evidence premier park have sent to popla and I can put it on here if it is possible for any advice on how to comment and I have found a thread link showing the examples of evidence 'comments' in these links but I am very unsure on how to rebut the evidence. 

The evidence Premier Park provided to popla also included the authority agreement that premier park said they did not have to give me when I appealed to them. Today I contacted Savills and they said that because I have already appealed to popla that it is very unlikely they can do anything. I have emailed them the PCN as they requested today.

Any help much appreciated thank you 

https://forums.moneysavingexpert.com/discussion/comment/69778312#Comment_69778312"nofollow" href="https://forums.moneysavingexpert.com/discussion/comment/69835948#Comment_69835948">https://forums.moneysavingexpert.com/discussion/comment/69835948#Comment_69835948"nofollow" href="http://noreply.ombudsman-services.org/track/click/31028432/appealform.popla.co.uk?p=eyJzIjoiWVBURmVjcjNpNXVJUndhSjRpWldodGdPZTFJIiwidiI6MSwicCI6IntcInVcIjozMTAyODQzMixcInZcIjoxLFwidXJsXCI6XCJodHRwczpcXFwvXFxcL2FwcGVhbGZvcm0ucG9wbGEuY28udWtcXFwvI1xcXC9UcmFja0FwcGVhbFxcXC9JbmRleFwiLFwiaWRcIjpcImQ4ZWJhNzI1NWZlNjRkOTI5ZDBhNjMxMmQ5MTI5ZWU5XCIsXCJ1cmxfaWRzXCI6W1wiYmI2ZTNkZTgwZTNiNTUyYTI1ZmE2MDcwZTJlNWMzMmQzYWVhMDNiZFwiXX0ifQ">here

Please note: some evidence may not show immediately, if it is not currently available on your account please check back later before contacting us.

You have seven days from the date of this correspondence to provide comments on the evidence uploaded by Premier Park - EW.

Please note that these comments must relate to the grounds of appeal you submitted when first lodging your appeal with POPLA, we do not accept new grounds of appeal or evidence at this stage

Any comments received after the period of seven days has ended will not be considered and we will progress your appeal for assessment. Therefore, if you have any issues with the evidence uploaded by Premier Park - EW such as being unable to view it online, please contact POPLA immediately via phone - 0330 1596 126, or email - info@popla.co.uk, so that we can look to rectify this as soon as possible.

After this period has ended, we will aim to issue our decision as quickly as possible. The decision we reach is final and binding. When the decision is reached there is no further option for appeal.))

Fruitcake

You submitted a number of points. For any point not addressed, you respond saying so, and that therefore the operator has accepted that/those point(s), therefore the appeal must be allowed.

Do post the PPC's response so we can help you pick holes in it.

Coupon-mad

POPLA Comments stage is already explained (including what to look for and put) in the NEWBIES thread.

confusedannie

PCCs response

confusedannie

PPCs response Page 2

confusedannie

PPCs response page 2

confusedannie

PPCs response Page 3

confusedannie

PCCs response page 4

confusedannie

On the date of the contravention our operative observed the vehicle parked in a disabled bay without a valid disabled badge on display.

It was the responsibility of the Driver of the vehicle to ensure they able to park in full compliance with the terms and conditions of parking.

When parking within a disabled bay, a valid disabled badge must be displayed at all times. This is to ensure that the use of disabled bays is not abused. Section 16.4 of the British Parking Association (BPA) Code of Practice states “You are at risk of a claim under the Equality Act if you do not discourage abuse of the ‘disabled’ spaces. Therefore, a disabled badge must be displayed at all times, or a PCN will be issued.

If no valid disabled badge is displayed within the windscreen, the Operatives have no other means of knowing if the vehicle is authorised to remain parked within the disabled bays. Therefore, it is imperative that the disabled badge is correctly displayed at all times.

The only information we receive from the DVLA is the Registered Keepers name and address. We are unaware of whether a vehicle is a mobility vehicle or not.

We do not believe that we have contravened the Equality Act and do not believe that we discriminate against those who are protected by this Act. The Act defines discrimination at Paragraph 13 as:
“A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.”

At the time the Parking Charge Notice was issued we could not have reasonably been expected to know of the Driver’s circumstances and reason for not displaying their blue badge. We cannot be said to have treated them unfairly or be profiteering from their disability, at the point we issued the Parking Charge.

We have provided disabled bays at this location to provide motorists with additional space around the vehicles. Therefore, we have complied with the Equality Act and the BPA Code of Practice.

Within the PCN issued to the Registered Keeper, it clearly states: ‘If you were not the driver of the vehicle, you should notify us in writing (see reverse for details) of the name of the driver and a current address for service for the driver. You should also pass this notice to the driver .’

Driver is not named, however, Notice to Keeper now states: “if, after the period of 28 days beginning with the day after that on which this notice is given – the full amount of the unpaid parking charge specified in this notice has not been paid in full, and we do not know both the name and current address of the driver, under paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 we will have the right to recover from the Keeper so much of that parking charge amount as remains unpaid’ .” in respect of providing driver details.

Therefore, Premier Park have offered the Registered Keeper the opportunity to name the Driver at the time of the contravention.

Premier Park Ltd can confirm that a legal contract does exist between us and the Landowner. See attached separate contract. Please be advised that the contract has been redacted in- line with GDPR.

Whilst we note the comments made, as can be seen from the images provided by the

Operative, no disabled badge can be seen displayed within the windscreen area.

Premier Park Ltd can confirm that all signage at this location is BPA compliant.

We have placed a number of signs around the location which have been approved by the BPA Auditing Team. Our signs follow a tried and tested method to grab the attention of all motorists entering the location. Our signs outline the terms and conditions, so a motorist is able to decide whether they wish to stay or remain and abide by the terms. By designing our signs in the way that we have we believe that we are fully compliant with the BPA Code of Practice and have brought the issue of a PCN, and its amount, to the adequate attention of the motorist.

Our signs are readable and understandable at all times, including during the hours of darkness or at dusk. There is no direct lighting, but the parking area is lit from surrounding businesses and street lighting. The vehicle’s headlights would have lit up the signage and the car park as well.

We note the Appellant’s further comments and would advise that we take allegations against our Operatives very seriously and wholeheartedly refute such claims. Premier Park Limited have acted in accordance with the BPA Code of Practice and the relevant legislation at all times.

It is the responsibility of the motorist to ensure that they have read and parked in compliance with the terms and conditions and that the disabled badge was correctly displayed before leaving the vehicle parked. On this occasion, the Appellant did not.

We request that the Appellant's appeal be refused.