PCN badge not visible while in disabled bay

Winterberry

Hi all, wondering if anyone can help us gain some knowledge and tips about PCNs before we send the appeal in. 

Keeper has been issued a PCN by Premier Park due to blue badge not being visible while in a disabled bay in a retail car park on private land. 

Blue badge had fallen off the dash, so we've been trying to put together an appeal with pics of the disabled badge. Keeper will appeal and not mention who was driving, but need some help getting it right, as the template in the NEWBIES area doesn't feel like it quite fits. 

Also have some other questions we couldn't find answers to, if anyone could help enlighten us.  

    1. They got the incident time on the letter wrong by over 1hr 30m, but they have included small (4.6 x 6.2cm) pics that have a miniscule grainy timestamp on them and zooming in shows correct times, it's just the typed up time in two places on the letter is wrong. Does that invalidate the PCN? 

    2. We've been reading that the more pointed out errors in your appeal the better, as it'll be more effort for them to deal with. So can any of you see any errors in their NTK, BPA Code of practice, signage etc?
Pics on imgur, just add /a/ApFCEjH after the dot com (we covered all identifying info)

    3.We went back to get pics of where the car was, showing there was no signage for the disabled bays the car was in, the nearest sign was the following shop over and not easily visible, on return we went to see the sign up close, it's too high up to read, and the print is so small we could only read the larger words, we had to use the phone camera to zoom in on the small print, only then can you see any mention of "entering into a contract". As the signs are not disabled user friendly, what area of the EQUALITY ACT 2010 does this break? 

    4. Any other tricks to make the appeal as long as possible? 

P.s, we spoke to the store manager who is going to try to help but there were no promises, so we're covering all bases, and searching for extra info we are not aware of. 

Any help is greatly appreciated, big or small. 

LDast

Have a look here for breaches of their CoP:

https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/sectorsingleCodeofPractice.pdf

Image link made good: https://imgur.com/a/premier-park-pcn-ApFCEjH

Gr1pr

1) nothing invalidates a private PCN, the word is not applicable in these cases, but wordings may assist an appeal or possibly in any future court claim by PP .  Its just an invoice for the alleged breach of the parking contract on that private property 

2) the initial appeal should be concise, not war and peace, its the subsequent Popla appeal where you go to town on them 

3) the BPA CoP is where you look up signage, but the disabled terms and conditions should be abundant and plainly visible without having to exit the vehicle 

4) study those codes of practice, especially regarding the signage, blue badges, appeals based on blue badge issues etc

Add a redacted picture of the blue badge, hiding the photo and half of the reference number, name showing but no other personal data, leaving all dates showing too

The store manager might be able to help, but maybe a tenant, not an owner 

Complain about this PCN to the managing agent or landowner, especially if the store didn't contract with PP

Winterberry

Gr1pr 

Sorry not sure how to reply without quoting your entire message and then removing the text, leaving just your username. Is that the right way? (on a mobile) 

So keeping the initial 1st Appeal short and to the point is better? 

1. Should I still point out their obvious breach of BPA code of practice (section 19.9)? Was thinking it might push them more towards cancelling the pcn meaning no need for POPLA.  

2. Is it also a good idea to add something like "In the event that this appeal is rejected, please provide a POPLA code." I heard somewhere that they have to pay £30 for each POPLA code (not sure if that is accurate info) 

Gr1pr

Yes , a concise keeper appeal by the keeper at this point 

1) no harm in adding a concise sentence pointing it out, preferably adding redacted proof of entitlement 

2) no, a rejection should come with a Popla code, meaning that its cancel or reject ( with Popla code included. )

It doesn't cost them a penny UNLESS they actually lose at Popla ( personally I think they should pay anyway, it might focus their minds into weighing up their chances, whereas they can see the whites of your eyes before chucking in the free towel, they get a free go at studying the Popla appeal, no ruling means no payment by the Claimant to Popla . )

LDast

You don’t have to tell them to issue a POPLA code. They are obliged to issue a code if they reject the appeal. Telling to reminding them that they should issue one is only usually used when sending a “go sit on a sharp stick and rotate” protocol response to an obvious flaw in their NtK.

The PPC is not charge to issue a POPLA code but they are charged ~£30 if the appeal is assessed. They can withdraw from the process at any time before the assessment without incurring a charge.

Fruitcake

You have redacted the dates so we cannot tell if the letter is compliant with the PoFA or not.

I do note that the salutation is, "To whom it may concern," as opposed to a named person. It is a minor point, but one that should still made.

Did you take photos of the site and signage? You will need to check the relevant CoP to see if there is still a requirement for at least one sign to be placed that can be read by a driver parked in an accessible bay without leaving the vehicle.

Coupon-mad

If you appeal with a pic of the Blue Badge they must offer to settle at £20. Not that I'd pay them anything. Press the retailer again.