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Parking Eye, Blue Badge, overstay.

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  • knightstyle
    knightstyle Posts: 7,229 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 13 February 2024 at 4:47PM
    Thanks everyone, Popla Appeal Successful!
     Decision Successful Assessor Name Jamie Macrae Assessor summary of operator case The parking operator has issued a parking charge notice due to remaining at the car park for longer than permitted. Assessor summary of your case • The appellant has raised several grounds of appeal, my assessment will focus on the appellant’s challenge to the signs within the car park. After reviewing the parking operator’s evidence, the appellant reiterates their grounds of appeal, and expands on their grounds of appeal. The appellant has provided their blue badge, and photos of the car park as evidence to support their appeal. The above evidence will be considered in making my decision.
     Assessor supporting rational for decision The burden of proof lies with the operator to demonstrate that the appellant has not complied with the terms and conditions and the PCN has been issued correctly. I am allowing this appeal, with my reasoning outlined below: The British Parking Association (BPA) monitors how operators treat motorists and has its own Code of Practice setting out the criteria operators must meet. The Code of Practice section 19.9 says there must be at least one sign that can be read without leaving the car near any disabled parking bays. In this case, the parking operator’s evidence shows…. The parking operator and appellant has provided photos of the car park, the parking operator has also provided a map of the car park, while I note there is a sign at the entrance, there does not appear to be any signage within the disabled persons parking area, by not placing any signs within this area, the parking operator has not complied with section 19.3 of the Code.
    The appellant has raised other grounds in their appeal, but as I am allowing the appeal, it is not necessary for me to address these.
  • Coupon-mad
    Coupon-mad Posts: 152,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Correct decision.  Makes a change!

    I've noticed almost no retail park PPC puts any t&cs signs in the disabled bays areas.  Always worth raising that at POPLA.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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