Didn't display Blue bade

Inter101

Hi.

I was wondering if my father has any case to appeal the charge notice. He received a letter yesterday confirming he parked in a disabled parking spot. The letter is by GroupNexus. The fault is his as he does have a blue badge but forgot to display it. Does he have any ground to appeal? Thank you in advance.  

JerryJ64

Inter101 said:

Hi.

I was wondering if my father has any case to appeal the charge notice. He received a letter yesterday confirming he parked in a disabled parking spot. The letter is by GroupNexus. The fault is his as he does have a blue badge but forgot to display it. Does he have any ground to appeal? Thank you in advance.  

Yes. Have you read the Newbies/FAQ thread for advice on what to do next? Have you tried Plan A?

Umkomaas

The NEWBIES FAQ Announcement, first post, will give him the basic advice to get this underway. Please check whether the letter he has received is compliant with the Protection of Freedoms Act 2012 (Schedule 4). GroupNexus sometimes send compliant NtKs, sometimes they don't. Depending on its status, there are different appeal approaches. 

Please check - very carefully, word for word - the GroupNexus NtKs in the following thread. The wording is important in determining compliance. 

https://forums.moneysavingexpert.com/discussion/6483542/a-thread-of-pictures-of-2023-parking-firm-ntks/p1

Inter101

Umkomaas said:

The NEWBIES FAQ Announcement, first post, will give him the basic advice to get this underway. Please check whether the letter he has received is compliant with the Protection of Freedoms Act 2012 (Schedule 4). GroupNexus sometimes send compliant NtKs, sometimes they don't. Depending on its status, there are different appeal approaches. 

Please check - very carefully, word for word - the GroupNexus NtKs in the following thread. The wording is important in determining compliance. 

https://forums.moneysavingexpert.com/discussion/6483542/a-thread-of-pictures-of-2023-parking-firm-ntks/p1

Thank you for your reply. I read the letter it does say "subject to the conditions of, and under the terms of schedule 4 of the protection of freedom Act 2012, be liable to pay the unpaid parking charge.

I opened the link you sent however, I cant find GroupNexus on there.

Appreciate your help

Umkomaas

I opened the link you sent however, I cant find GroupNexus on there.

GroupNexus has two parking firms in their 'stable' - CP Plus and Highview.  There are 3 x CP Plus examples and 1 x Highview. 

Which of the two is pursuing your father?

Inter101

Umkomaas said:

I opened the link you sent however, I cant find GroupNexus on there.

GroupNexus has two parking firms in their 'stable' - CP Plus and Highview.  There are 3 x CP Plus examples and 1 x Highview. 

Which of the two is pursuing your father?

Thanks for clearing that up. So it is CP Plus who is pursuing. Thank you

Umkomaas

Inter101 said:

Umkomaas said:

I opened the link you sent however, I cant find GroupNexus on there.

GroupNexus has two parking firms in their 'stable' - CP Plus and Highview.  There are 3 x CP Plus examples and 1 x Highview. 

Which of the two is pursuing your father?

Thanks for clearing that up. So it is CP Plus who is pursuing. Thank you

Please check against their 3 x NtKs in the thread. 

Inter101

Umkomaas said:

Inter101 said:

Umkomaas said:

I opened the link you sent however, I cant find GroupNexus on there.

GroupNexus has two parking firms in their 'stable' - CP Plus and Highview.  There are 3 x CP Plus examples and 1 x Highview. 

Which of the two is pursuing your father?

Thanks for clearing that up. So it is CP Plus who is pursuing. Thank you

Please check against their 3 x NtKs in the thread. 

Hi.

Looking at the thread my letter is most closely compared to POFA worded NTK:
Sorry is that what you are asking?

Coupon-mad

Yes that's fine.

Let us know how PLAN A goes first.  Everything is explained in the NEWBIES thread.

Inter101

Thank you. 

Sorry for the questions. Just so I know I'm following the right steps on the newbies thread. Am I correct to think plan A will be to complain? So in my father's instance he was parked in a retail shopping centre (Manchester fort). So need to complain to them directly?

If that's right. Do I just say he forgot to put his badge up or do I need to follow a template that I missed?

Apologies for the questions.

Umkomaas

No template. Have a look at the photos on the PPC's website (go as if to pay the charge, that will allow access to view all they have on your father) to see if there are any that prove categorically that the BB was not displayed. Often the photography can be a bit sloppy. 

If it's clear no BB was showing, then I'd play on your father being disabled (elderly? forgetful as part of condition? terrible weather conditions? busy car park, congestion at Christmas?) and pray in aid the Equality Act 2010 which puts an onus on landowners/retailers/service providers etc to make reasonable adjustments on behalf of those with a disability. Have a read up on the Act. 

Was the parking event at a retail park or at a single retail outlet (or elsewhere)?  If a retail park, then the managing agent is the organisation to approach - those like Savills and Jones Lang Lasalle (JLL) are well acquainted with the EA 2010 and have been very helpful in the past. 

Remember - everything must be in your father's name. You can do the donkey work, but always in his name.