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NCP stopped on disabled bay

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GreatDriver
GreatDriver Posts: 59 Forumite
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Hi
I got PCN to keeper from NCP. I'm taxi driver who stopped on disabled bay( there were few available at that time) to use services at the station area. 
Photographs taken within 55 seconds.
Got PCN , it's for weeks and few days now (Date of service applies).
SHORT TIME to APPEAL.

1. Do I appeal at NCP , or complain to POPLA or just wait and than complain to POPLA. 

2. Do I need to say now I was a driver? 

I had some parking tickets won with them previously, but this one slightly different.

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  • DE_612183
    DE_612183 Posts: 1,871 Forumite
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    are you disabled or was your passenger disabled?
  • GreatDriver
    GreatDriver Posts: 59 Forumite
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    No, don't have blue badge, taking medicaments though(steroids etc)
  • Half_way
    Half_way Posts: 7,067 Forumite
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    edited 22 April at 1:59PM
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    do not say or guess  on here, or anywhere else who could have been driving.

    The equality act trumps the blue badge scheme on private land, so if a person has a long term disability as covered under that act, but does not have a blue badge then they should be able to make use of the reasonable adjustments provided, be those disabled bays, assisted parking and so on.

    Again, do not guess as to who the driver was.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Coupon-mad
    Coupon-mad Posts: 132,100 Forumite
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    Is the PCN POFA worded or not?  See my thread of NTK pictures and compare. Or was it just a windscreen PCN?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • GreatDriver
    GreatDriver Posts: 59 Forumite
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    It looks like second non POFA, but I'm not sure what is the relevant difference. The back side differentiate the most I think. They use my name and car's reg number. 
    Posted 2 days after alleged incident. 

  • GreatDriver
    GreatDriver Posts: 59 Forumite
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    Hope I don't spam posting a photo.
  • Gr1pr
    Gr1pr Posts: 171 Forumite
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    You should have left all the dates and times showing on the redacted pictures 
  • Coupon-mad
    Coupon-mad Posts: 132,100 Forumite
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    Hope I don't spam posting a photo.
    Very easy one!

    That's non-POFA worded, so send the usual "get lost" style appeal as the REGISTERED KEEPER (not ticking 'driver') as posted loads of times by @nopcns
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • GreatDriver
    GreatDriver Posts: 59 Forumite
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    Dear Sir/Madam,

     

    I have received your Parking Charge Notice (PCN) Ref: GRAXXXXXXX for vehicle registration mark XXXXXXX, in which you allege that the driver has incurred a parking charge. I note from your correspondence that you are not seeking to hold me liable as the registered keeper, under Schedule 4 of the Protection of Freedoms Act 2012 (PoFA).

     

    Additionally, even if NCP were relying on PoFA (which is denied), the Notice to Keeper (NtK) would fail the strict requirements of the Act. The NtK does not state the contravention’s location. There is a mention of „signange in and around the car park (Cambridge Station)". There is no address or post code for the actual location of the alleged breach of contract between the driver and yourselves.

     

    Upon investigating the alleged location in the NtK, I searched GoRingo App for “Cambridge Station” and five different “Car Parks” in the area are listed. The five possible locations for the “relevant land” are :

     

    Tenison Road, Cambridge;

    Ravensworth Gardens, Cambridge;

    Great Northern Road, Cambridge;

    Station Road, Cambridge;

    Devonshire Road, Cambridge.

     

    In the NtK, not stating a location and mentioning only „signage in and around car park (Cambridge Station)", leaves an ambiguity about which car park location the NtK is referring to and therefore, does not define the “relevant land”, which is a strict requirement under PoFA if NCP wanted to hold me liable as the keeper.

     

    As NCP have chosen not to issue an NtK in accordance with the requirements of PoFA and there is no obligation for me to name the driver, I will not be doing so. NCP will be aware that there can be no presumption or inference that the keeper was the driver.

     

    I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code where we both know that NCP will be wasting its money and has no hope of convincing an assessor that the PCN was issued correctly.

     

    Yours faithfully,

  • GreatDriver
    GreatDriver Posts: 59 Forumite
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    Or shall I only keep first two and last two paragraphs. As it does not state clearly the location in the PCN, but only mentions the signage in and around carpark.
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