Parking Eye, Blue Badge, overstay.

knightstyle

Usually very careful but a couple of weeks ago we got a PCN from Parkingeye.  Carpark with cameras at entrance and a two hour limit.
We were there for 2 hours 34 mins.
It was dark, poor unlit signs not visible on entering or parking, there is one bent sign at the entrance, I have pics taken in daylight.
Appeal rejected driver not named, and now wondering what the best thing is to do?
Just wait for LBA, and/or court papers?  If they arrive should we name the driver as we could use the disability angle as well as the poor signs?

Brie

Talk to the shop/gym where you were for that time and ask them to cancel on your behalf.  If that doesn't work take some more pics that show what the signs look like at the time you were there - to show that it was too dark to see anything. 

And is there anything special on the sign about disabled parking.  I can see the symbol but not the message beside it.  

Fruitcake

Plan A is always for the keeper to complain to the landowner and/or manager, and the keeper's MP.

The Equality Act 2010 (the law) requires landowners and service providers to make reasonable adjustments for people with disabilities classed as protected characteristics by the Act.
These adjustments could be offering wider parking bays or in this instance, allowing extra time for people with mobility issues.

Failing to anticipate the needs of disabled persons is indirect discrimination, a breach of the EA 2010, and a criminal offence.
Continuing to purse the PCN once the service provider and landowner have been made aware of a person's disability becomes direct discrimination, a further breach, and a further criminal offence.

All of this should be politely put in your complaints, suggesting that they might want to cancel the charge rather than find themselves on criminal charges.

You should also remind the landowner/manager that other gyms are available.

troublemaker22

Can you clarify whether the unsuccessful appeal to Parkingeye was followed by an appeal to POPLA. If not, has the time limit for a POPLA appeal expired (bearing in mind that in practice it’s normally 32 or 33 days and not 28 days as stated in Parkingeye’s rejection). 

If the window is open for a POPLA appeal I’d go for that as well as (not instead of) a complaint to the landowner.  Point out to POPLA that the operator is obliged both by the Equality Act and the BPA Code of Practice to make reasonable adjustments for motorists with reduced mobility. Possession of a blue badge implies reduced mobility. Able bodied motorists are entitled to a 10 minute grace period over and above the stated limit so an extra 14 minutes for a disabled motorist seems like a reasonable adjustment. 

knightstyle

Thanks everyone.  It was my DW who got the ticket and appealed, still time to do a POPLA one so I will sort out the wording for her.
Hope you are all having a good time this Christmas.

troublemaker22

Have a look at the BPA Code of Practice which POPLA assessors give great weight to https://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2020_v8(2).pdf

Here are some quotes from the Code that you might want to include:

13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. 

16.1 The Equality Act 2010 says that providers of services to the public must make ‘reasonable adjustments’ to remove barriers which may discriminate against disabled people. 

16.3 ...... Although a Blue Badge is not issued to all disabled people it is issued to those with mobility problems. So it is a good way for parking operators to identify people who need special parking provision.

19.3 Specific parking-terms signage tells drivers what your terms and conditions are, including your parking charges. You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand. Signs showing your detailed terms and conditions must be at least 450mm x 450mm.

knightstyle

Thanks, popla appeal now submitted.

knightstyle

So PE have sent their Popla reply and it has some falsehoods in it.  I have sent back my reply pointing these out but cannot see how to add more pics to prove this.
Plus they ignored the bit about extra time for people with disabilities.

KeithP

You cannot supply more evidence - e.g. pictures - at this stage of a PoPLA appeal.

troublemaker22

Actually you can. Whether the assessor will take it into account is another matter. 

Anyway here’s how you do it. Phone POPLA on a working day before the comments deadline. Explain that you want to put your comments into a PDF and email it rather than type them into the form. Once that’s agreed prepare the document with the photos embedded in it and email it in (before the deadline) with the reference number in the header and a covering message saying you are sending in as agreed on the phone. On the web form type “Comments emailed as agreed with POPLA”. 

knightstyle

Ok thanks, I will do this on Monday.