Another overstay with a Blue badge...ANOTHER WIN.

LDast

Morrisons are very helpful and even have a dedicated section of their customer service section on their website for getting PCNs cancelled.

https://www.morrisons.com/help/form/contact-us/car-park/car-parking-charges/i-have-a-car-parking-charge

knightstyle

Thanks everyone, I have sent emails to Morrisons and Jackson Criss I also did the appeal to Exel but as we all know that will be turned down.

knightstyle

Well as expected Morrisons say nothing to do with them, no reply yet from landowners and a rejection from Exel....

We refer to your appeal in respect of the above Charge Notice (CN) received on xxxxxxxxxxxx

Having considered the points you have raised and reviewed our records, we are unable to accept your appeal. Our main reason(s) for this decision are as follows:

The signs at the car park make it clear that a maximum period of parking is allowed for all vehicles using the car park, giving clear notice that the land is private property and that a Charge of £100 will be levied if vehicles park outside of the Terms and Conditions displayed. It is the motorist's responsibility to ensure that they return to their vehicle and remove it from the car park before the maximum period of parking permitted expires; in this case the above detailed vehicle remained for longer than the period permitted and you became liable for the Charge advertised.

We note that you have declined/failed to name the driver of your vehicle at the time of the incident in question. It is important that we make you aware that in this case we may pursue you as the registered keeper of the vehicle for the outstanding Charge, as per Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) .

The notice sent to you clearly states: Please be warned: that if, after the period of 28 days beginning with the day after the Issue Date of this Notice, the amount of the unpaid Parking Charge specified in this Notice has not been paid in full and we do not know both the name of the driver and a current address for service for the driver, we will have the right to recover from the registered keeper, any unpaid balance of the Parking Charge. This Notice will be deemed to have been received by you on the second working day after the Issue Date stated above unless the contrary is proved.

We note your comment that you are the holder of a Blue Badge. Signs at the entrance and throughout the car park clearly state that it is private land and set out the Terms & Conditions relating to its use. As stated, the signs make it clear that a maximum period of parking applies to ALL vehicles using the car park and that this applies to disabled Blue Badge holders.

We must also highlight that the Blue Badge Scheme handbook states, "The blue badge will help you park close to

R your destination, either as a passenger or driver. However, the badge is intended for on-street parking only. Off- street car parks, such as those provided in local authority, hospital or supermarket car parks are governed by separate rules, do not assume you can always park for free"; as stated the car park in question is private land providing off-street parking on which conditions of use apply.

We must highlight that the Blue Badge Scheme Handbook states, "The blue badge will help you park close to your destination, either as a passenger or driver. However, the badge is intended for on-street parking only. Off-street car parks, such as those provided in local authority, hospital or supermarket car parks are governed by separate rules". When parking on private land, a motorist freely enters into an agreement to abide by the conditions of parking in return for permission to park. It is the driver's responsibility to ensure that he or she abide by any clearly displayed conditions of parking.

The Equality Act 2010 states that providers of services to the public must make 'reasonable adjustments' to remove barriers which may discriminate against disabled people. In this instance 'reasonable adjustments' to prevent discrimination are likely to include larger 'disabled' parking spaces or amenities for disabled people whose mobility is impaired and could include lowered payment machines etc.

Reasonable adjustments do not exempt disabled drivers from the Terms and Conditions of parking unless expressly stated on signage

We maintain that the signs on this site meet the requirements set by the International Parking Community (IPC) Code of Practice. The signs are large, prominent and legible ,so that any reasonable user of the car park would be aware of their existence and nature, and would have a fair opportunity to read them if he or she wished to do so. It can never be a defence to a claim in contract law to say, "I did not read the terms", so long as the existence of those terms is reasonably advertised.

Signs on site clearly display a Helpline telephone number which is available for use by motorists who have any problems or queries in respect of their use of the car park. In this case the driver should have called that Helpline so that arrangements could be made or advice given in respect of any problem they had.

We have fully reviewed this case and we are satisfied that the Charge Notice was correctly issued. We are unable to accept the mitigating circumstances raised in your representations, your appeal is therefore rejected and the charge will stand; photographic evidence which supports this can be viewed at www.myparkingcharge.co.uk.

What you should do next - Either:

1. Pay the Charge Notice (CN): In order to settle the Charge, the payment of £60 to reach us by 02/06/2024 or £100 to reach us by 16/06/2024 must be made. Failure to pay this charge within the stated times, may result in Debt Recovery Action being taken and further costs up to an additional £70 being incurred. Payments can be made online at www.myparkingcharge.co.uk by following the links for "Pay Now", or over the phone by calling 0845 226 9138 by using a valid Credit or Debit Card.

OR:

2. Appeal to the Independent Appeals Services (IAS): If you believe this decision is incorrect, you are entitled to appeal to the IAS. In order to appeal, the IAS will need the following information (which is also contained in the subject header of this correspondence).

Notice Serial No: xxxxxxxxx Vehicle Registration Mark: xxxxxxx

Appeals must be submitted to the IAS within 21 days of the date of this correspondence. Please visit www.theias.org for full details on how to submit an appeal online.

It is important you note that if you do make an appeal to the IAS, the reduced charge offered above will no longer apply. You should also be aware that if a payment is made prior to an appeal being made to, or adjudicated by, the

IAS AND this is accepted as Full and Final settlement against the CN, the appeal will automatically be dismissed and the matter will be deemed closed. Should you appeal to the IAS and it is unsuccessful, the full amount outstanding (£100.00) will become payable within 14 days of the date the IAS decision is notified to you. Failure to pay this sum in the 14 day period will result in debt recovery costs of up to £70.00 being added to the outstanding balance.

It is important we also highlight that no further appeals will be accepted at this office; any such appeal must be made to the IAS.

Please also note that further costs may be incurred should it be necessary for us to subsequently recover any outstanding charge using further debt recovery and/or court action.

Yours sincerely

Appeals Administration Team CENTRAL PROCESSING OFFICE

Gr1pr

They always miss out the third OR option 

Or

Disregard and file away and after the debt collectors letters we may sue you in civil court within the next 6 years where a judge can decide who is right and who may owe money to who 


And Meanwhile 

Keep trying to get it cancelled by the retail park managing agent or landowner 

Coupon-mad

As stated, the signs make it clear that a maximum period of parking applies to ALL vehicles using the car park and that this applies to disabled Blue Badge holders.

Considered to be ILLEGAL:

http://news.bbc.co.uk/1/hi/uk/8488737.stm

Reasonable adjustments do not exempt disabled drivers from the Terms and Conditions of parking unless expressly stated on signage.

Oh yes they do!

Do not try IAS.  Don't even think about it because you will not be paying this scam PCN.

PLEASE do this official Government survey today and tell us if it is still open, which I think it is:

https://forums.moneysavingexpert.com/discussion/6528490/official-dluhc-paid-research-have-you-ever-appealed-a-parking-charge-notice

...only fill in answers about this private PCN, and that your 'appeal' (farce) failed and you didn't try IAS, because it's considered a pile of steaming cow poo and is long overdue being ended.

fisherjim

knightstyle said:

However, the badge is intended for on-street parking only. Off-street car parks, such as those provided in local authority, hospital or supermarket car parks are governed by separate rules".

Reasonable adjustments do not exempt disabled drivers from the Terms and Conditions of parking unless expressly stated on signage

Notice how they change their stance on blue badges to suit their argument at the time, Blue Badges must be displayed but we don't recognise them!

Our terms and conditions trump the law!

Total scammers taking advantage as usual.

knightstyle

Thanks all,  I have filled in the form for the survey I think it could have allowed for more than one incident as a previous overstay was canceled by the parking company.
No I will not waste my time with IAS, just wait now for the next step from Exel and the waste paper from debt leaches.

Half_way

Who are the landowners, you said no reply from them as yet

1505grandad

"No I will not waste my time with IAS, just wait now for the next step from Exel and the waste paper from debt leaches."

A heads-up  -  a claim may be made by VCS who are not the party to the parking contract (sign).

knightstyle

Thanks for the heads up will keep alert.
I believe the landowners are https://www.jacksoncriss.co.uk/