Another overstay with a Blue badge.

knightstyle

So I am helping someone who overstayed a 2 hour limit by about 30mins.  Plenty of signs but none by the disabled bays.   I will use a similar template to previous ones which I am sure will be turned down and then hope a POPLA one succeeds. here are some pics showing disabled parking bays, drive towards them and notice on entrance and pedestrian exit.

Fruitcake

Grantham? The Google Camera Car doesn't appear to have gone inside the car park if it is.

Excel are IPC members, so there will be no PoPLA available to the keeper. The general recommendation from the forum is not to bother with an IAS appeal after the initial rejection because it is a kangaroo court and does not permit mitigation to be considered. 
However, a very sturdy IAS appeal may win, even though only 4% of IAS appeals are successful, so it should not be entirely discounted. Just make sure the non-standard appeal process is not used.

Plan A of course should be tried first, a complaint from the keeper to the landowner and the keeper's MP. If the keeper was the driver (don't tell us) then it may be better to reveal the driver's identity at a later stage. I think it would certainly be better at the court stage if it gets that far.

Depending on how far you want to go, you could check with the local planning department to see what the maximum permitted parking time was when planning permission was approved for the development. It is not uncommon for unregulated parking companies to unilaterally reduce the permitted parking time so they can make more money.
You could also determine if planning permission was approved for any pole mounted ANPR scameras, and if Advertising Consent was obtained of the signs. Not having the latter of Para 12 of the PoFA 2012, and a criminal offence, but only the council can pursue it.

Coupon-mad

Plenty of signs but none by the disabled bays.

I've noticed this is true of pretty much all ANPR firms.  Almost as if they know who they want to catch out with an "overstay."

knightstyle

OK thanks for the advice I will now proceed with finding out who landowner is and the planning permission details.

Fruitcake

Lack of advertising consent is more important than lack of planning permission, but getting a landowner cancellation is the priority. Make sure to highlight the fact that the landowner is jointly liable for the actions of its agent, the parking company, and is therefore jointly liable for any breach of the EA 2010, which may be a criminal offence.
Also point out how much was spent, and how there will be no return visits if every shopping trip comes with a £100 parking invoice.

LDast

Whilst not a BPA member, as the IPC have recently announced that they intend to have a single CoP with the BPA, it may be worth pointing out that, whilst the IPC CoP does not mention signage for disabled bays, their colleagues at the BPA state in their CoP at 19.10 the following:

19.10 So that disabled motorists can decide whether they want to use the site, there must be at least one sign containing the terms and conditions for parking that can be viewed without needing to leave the vehicle. Ideally, this sign must be close to any parking bays set aside for disabled motorists.

Whilst both the BPA and the IPC are unregulated and make up the rules on the whim of their members, it should be expected that, as a minimum, the operator should ensure that their terms signage should be readable by a disabled motorist without having to leave the vehicle.

Half_way

While a blue badge is not technically valid on private land it can be used to indicate that someone in the vehicle has a disability ( not everyone with a disability, who is entitled to use reasonable adjustments may have a blue badge though)

If an occupant of a vehicle has a protected characteristic then the landowner needs to make reasonable adjustments to take this into account

 If it takes longer to complete tasks as a result of the disability ( protected characteristic) then ths is a reasonable adjustment- by having an ANPR set up that does not detect if someone has a protected characteristic, blue badge or no blue badge the landowner has discriminated against the disabled person - and this is the line you should go in with a landowner complaint and an instruction for the discriminatory time based  ANPR system to be removed

knightstyle

Thanks for all the replies.  It now turns out that they did not park in a disabled bay, after waiting for one to become available they moved on and parked further away from the pedestrian exit thus taking longer to get into the shopping centre.
It seems the land is owned by Morrisons so I will be drafting a letter to them, any contacts there?

Gr1pr

As its a shopping centre, I doubt that it is owned by Morrisons 

Plus Morrisons tend to use ECP , Euro Car Parks , a BPA AOS member, not Excel 

It says Jackson Criss on here 

https://completelyretail.co.uk/scheme/isaac-newton-centre-grantham-4234

Coupon-mad

I agree.

Morrisons won't have taken on Excel & they aren't the managing agents of this retail park.

knightstyle

Got this from the Town Centre Spatial Masterplan, so I think it is owned by Morrisons.