PCN from UKPC for Disabled Bay - Need ADVICE/HELP on Next Steps (Retail Park)

mightyfighter

Hi all,

I would really appreciate some help and clarification on how to proceed with a recent PCN issued by UKPC. I’ve read through the NEWBIES thread and I'm trying to follow the correct steps, but I have some concerns and would like more bespoke advice for my case.

I received a PCN from UKPC for allegedly "parking in a designated disabled persons' space without displaying a valid disabled person's badge." The vehicle was parked in a retail park, and an occupant of the vehicle is disabled with a valid blue badge. However, on this particular occasion, the badge was genuinely forgotten and not displayed.

I've attached a redacted version of the PCN-NTK and signage from the location (as viewed online when reviewing the PCN).

So far I have read the NEWBIES thread and plan to not disclose the driver’s identity in any communications, and i intend to attach a copy of the occupant’s blue badge in my appeal.

For grounds to appeal, for my specific circumstances, do I have any winning appeal points given that:

       1.Blue Badge Inapplicable on Private Land: I’ve read that the blue badge scheme does not apply on private land, and tI have read that POPLA won’t accept an Equality Act 2010 (EA2010) argument. Given that this is a retail park, is there any point in mentioning the EA2010, or should I focus on a different angle for the appeal?

       2.POFA and Relevant Land: Since this is a retail park and not a railway station, I believe it falls under ‘relevant land’ for the purposes of POFA. Does this mean UKPC can hold the registered keeper liable, or is there still a way to challenge based on non-compliance with POFA? If so, under what grounds?

        3.Signage:From what I can see, the signage in the area may not be entirely clear (see attachment). Is it worth using unclear/inadequate signage as part of my appeal argument? The signage is displayed on a wall opposite the bay, next to where I parked, and may not have been clearly visible from the vehicle.

        4.Timeline for Appeal: The PCN-NTK was issued on 08/10/24, when should I submit my first appeal to UKPC?  

        5.Appealing to POPLA: I understand that I can only appeal to POPLA if my initial appeal to UKPC is rejected. Could anyone advise what solid appeal points I could raise when appealing to POPLA? Which specific points or arguments would be most effective in my case?

        6.UKPC’s Likelihood of Pursuing Legal Action: With this being a retail park PCN, what are the chances of UKPC escalating this to legal proceedings? I’m concerned about it going that far, as I am not in a position to defend myself legally.

I feel strongly against paying this PCN, but given my current financial circumstances, I’m also concerned about having to pay the higher amount if I lose the appeal. Does anyone think I have a strong chance of getting this cancelled through UKPC or POPLA, or am I better off paying the reduced £60?

Any advice would be greatly appreciated! Thanks in advance.

 

Gr1pr

1) follow plan A 

2) you redacted too much information, no rear of the PCN,  so unable to answer properly, but yes the RK may well be liable  because that information above all seems to comply with POFA 

3) signage is nearly always inadequate, poor, wordy, not easy to read etc

4) day 26 following the issue date on the NTK PCN letter , to allow time for plan A to work 

5) no landowner authority and poor signage are the main two, plus any failures under the laws and the BPA CoP etc

6) highly likely, study the DCB Legal Discontinuations thread by Umkomaas , plenty of current cases on here 


Nobody here would recommend payment 

Everyone has the ability to defend a court claim, with the advice on this forum, people do so all the time 

Coupon-mad

Just appeal to UKPC with a copy of the Blue Badge & they'll offer settlement at £15 or £20.

mightyfighter

Thank you again for your replies! 😊

Coupon-mad Just wanted to clarify a couple of points:

1. For the appeal, would it be appropriate to write something along these lines?

Re PCN number: 

"I dispute your 'parking charge' as the keeper of the vehicle. I deny any liability or contractual agreement, and I will be making a complaint about your predatory conduct to your client landowner. There will be no admissions as to who was driving and no assumptions can be drawn. An occupant of the vehicle is elderly and disabled, and they unfortunately forgot to display their badge at the time. In order to resolve the dispute, I attach copies of the Blue Badge belonging to an occupant of the vehicle and request that you consider this and make allowances to reduce the charge."

Does that wording sound appropriate?

1. When sending a copy of the Blue Badge, should I provide both sides, and is it okay to cover the photo for privacy?

2. Finally, do i send this appeal on Day 26?

Thanks again for all your help! 😊

Fruitcake

UKPC signs are always inadequate and fail to comply with the BPA combined BPA/IPC Cop because the charge for breach of Ts and Cs is unreadable even at a car length.
I would use the word, "cancel" rather than "reduce" with reference to the charge.
You can appeal any time you like as long as you don't miss the appeal deadline, but you do need to ensure that you have exhausted Plan A first.

I wouldn't show the back of the BB, and would definitely never show the photo.

Coupon-mad

I would change:

"An occupant of the vehicle is elderly and disabled, and they unfortunately forgot to display their badge at the time."

to

An occupant of the vehicle is elderly and disabled, and legally entitled to use accessible bays such as the one in question. It is not known why the lurking ticketer who must have watched the disabled occupant struggle, failed to notice the Blue Badge but they would undoubtedly have known about the disability need of the elderly person who they are trying to penalise for their own bounty/profit.

mightyfighter

Thank you all for your replies, time, and input—much appreciated!!

The PCN online includes images of the vehicle, including the dashboard where it's clear no Blue Badge was displayed, as well as the signage (which I attached in my first post). I’ve now finished drafting my appeal, Any input is welcome before I send it off—thank you again

Re PCN Number:

I formally dispute the “Parking Charge Notice (PCN)” as the keeper of the vehicle. I deny any liability or contractual agreement, and I will be making a complaint about your predatory conduct to your client landowner. There will be no admissions as to who was driving, and no assumptions should be drawn.

An occupant of the vehicle is elderly and disabled, legally entitled to use accessible bays like the one in question. The occupant holds a valid Blue Badge, which I have attached for your consideration. I find it deeply concerning that your operative, the ticketer, who must have observed the disabled occupant struggling, proceeded to issue a ticket despite the clear need for accessible parking. While the Blue Badge was inadvertently not displayed by the Occupant, the operative would undoubtedly have known about the disability need of the elderly person, seemingly prioritizing their own gain over the legal rights of a disabled person, and their clear entitlement to accessible parking provisions.

In addition to the reasons already stated, the signage at the site in question does not meet the standards required by the British Parking Association (BPA) Code of Practice or the International Parking Community (IPC) Code of Practice.

The signage at the site does not comply with the British Parking Association (BPA) or International Parking Community (IPC) Codes of Practice. The terms and conditions, particularly the charge for any alleged breach, are unreadable from a typical distance, such as from a vehicle’s length, due to inadequate font size and poor positioning of key information. This violates Section 19.3 of the BPA Code of Practice, which requires signage to be clear and visible, preventing any driver from becoming aware of any parking conditions, and subsequently from forming a valid contract.

Given the inadequate signage and the legitimate disability status of the vehicle’s occupant, I believe that no valid contract was formed, and therefore, the parking charge is unenforceable.

In order to resolve the dispute, I request that you cancel the charge in light of this valid Blue Badge, as well as inadequate signage, and make reasonable adjustments as required under the Equality Act 2010 and other relevant provisions.

Coupon-mad

No, remove this (as I said):

"While the Blue Badge was inadvertently not displayed by the Occupant,"

mightyfighter

Noted, thanks for the suggestion! I’ve received the final reminder letter, and the total amount due is now £100. I’ll be appealing online on Day 26 as planned. Appreciate all the help!

Fruitcake

Does the BB holder have any cognitive issues that perhaps might cause them to forget to display the BB? If so, that should be included.

I would also mention breach of the EA 2010 for failing to make reasonable adjustments for a disabled occupant with protected characteristics.

mightyfighter

Noted, thank you for your helpful suggestion!! I’ve added the necessary points to my appeal