NPC, Blue badge not clearly displayed, dcbl (bailiffs)

hotdiggity

Hello, I have read the newbie advice and spent days reading through the threads, but I’m finding my anxiety is triggered and would deeply appreciate some advice. 

As the registered keeper, I received a parking charge notice from national parking control (NPC) for a parking event in December ‘23, at David lloyd members car park, for ‘parking in a disabled bay without clearly displaying a valid disabled blue badge’. 

The letter arrived in January ‘24. 

(I saw from the threads it didn’t arrive within the correct timeframe, but the letter states ‘notice is deemed to have been given to you on the second working day after the date of sending above’)
I became overwhelmed, I didn’t appeal - or contact david lloyd, a letter from dcbltd arrived last week -  ‘notice of debt recovery’ and today a ‘final reminder’. 

There has been no contact with dcbl. 

An occupant of the car on the day, is a blue badge holder and left the badge face up on the front seat. 

The parking signs say ‘ A valid blue badge must be displayed at all times‘. It doesn’t say where it should be displayed. 

I will complain to David lloyd (assuming they are the landowner of the car park) and would greatly appreciate some guidance on what should be written, as I understand there may be some protection under the disability act? And also the fact a badge was displayed, only not on the dashboard. 

I’m sorry to post and ask for help, I really have scoured the threads, unfortunately the more I read the more jumbled it becomes. 

I have no intention of paying, but would prefer it didn’t get to court. (I know, I know, I should have acted sooner - Blimmin anxiety) 

Fruitcake

DCB Limited are powerless debt collectors and can safely be ignored.
DCB Legal Limited are solicitors and should not be ignored.

Plan A is always a complaint from the keeper to the landowner and the keeper's MP, so crack on with that but don't reveal the driver's identity. You should state that a valid disabled person's blue badge was displayed in the front of the vehicle, but don't give any more details than that, therefore no breach of parking terms occurred.
Add that the blue badge scheme does not apply on private land, but an occupant of the car did display their blue badge as a curtesy.
Also add that the disable passenger has protected characteristics and is covered by the strict requirements of the Equality Act 2010. Warn them that if the charge is not cancelled, both the owner as principal, and their agent, the unregulated private parking company could be liable for criminal charges for breaching the EA 2010.

You have told us that the alleged event occurred on the 23rd of December. What is the issue date of the notice to keeper?

Have you checked to see if the NTK was PoFA compliant and capable of holding the keeper liable? If you are unsure, please post both sides of the NTK, redact all personal data including name, address, VRM, and PCN number, but please leave all dates showing.

Debszzzz2

Of course you won't be paying anything to these shysters. Please have a thorough read of the Newbies/FAQ thread to get a better understanding of how this will be dealt with.

You can safely ignore the debt collector letters. They are simply a bullying tactic with no teeth. They are designed to get gullible victims to capitulate and pay into the scam. The debt collectors are powerless to anything but send you threats with words designed to scare you such as "bailiff" and "CCJ". They are safe to ignore.

The odds of it getting to court are slim but not non-existent. However, should it ever get that far, you are very likely to win if you carefully follow the advice in the Newbies/FAQ thread and given to you by the regulars on here.

If you believe that the NtK is not date compliant with PoFA, you only have to count the days between the alleged contravention and two working days after the NtK was sent. If the number equals more than 14, irrespective of the actual date you received it, then it is not PoFA compliant, even if they have used the correct PoFA wording and they can't hold the keeper liable, as long as the drivers identity hasn't been revealed. We'd have to see a suitably redacted copy of the NtK, front and back but with all dates showing to be sure.

In the meantime, you must contact the management at David Lloyd and ask them to get the PCN cancelled. GO as high up the management food chain as you can. Don't expect lowly customer service agents to know what to do or go out of their way to help you.

Aside from that, there are quite a few other points to argue in your favour, including CRA breaches. What photographic evidence have they provided to prove their allegation that a blue badge was not on display?

As this has been sent to DCBL and will involve, eventually DCB Legal, you can see the expected outcome in this thread, where almost 300 cases show they will discontinue if they make a claim and it is robustly defended using the template defence:

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

hotdiggity

Thank you for your replies.
 As an update; the support the forum showed,  gave me the confidence to go and see the manager. I explained, showed my blue badge and the ticket was cancelled. Thanks again. 

Coupon-mad

Perfect result. Well done!