First Parking PCN - disabled passenger

Cute_Doggos

Hi all,

I received the expected and generic rejection response from the parking company.

I am currently in the process of writing up the POPLA appeal, which I will aim to post here in due course. I wanted to ask whether the more recent changes to grace periods would mean I am not able to include the point on non-compliance with grace periods in the appeal? I do have other points but, considering the overstay was so minimal and protected characteristics are involved, I thought it would be important to include.

Thank you very much

Gr1pr

The grace period is always a minimum of 10 minutes,  note the word minimum,  especially if there were delays leaving etc

Having disabled passengers can extend the grace period under the Equality Act 2010, under reasonable adjustment

Cute_Doggos

Thank you for the reply! I reviewed the new BPA CoP and it states there's now no minimum grace period for short stay areas (which the area in question was). Can I still state that it is recommended to have grace periods for those with protected characteristics, or is that now not correct?

fisherjim

You are over thinking this and seem to be crediting these muppets with a bit of authority.

They are just scammers after your cash using contract law to extort money from you, the convoluted appeals system and terminology etc is designed to catch out the unwise.

You have a speculative invoice for damages from a company masquerading as a parking management company, you don't get a double appeals set up if a plumber decides to add charges to an invoice do you it's all a con.

Cute_Doggos

fisherjim said:

You are over thinking this and seem to be crediting these muppets with a bit of authority.

They are just scammers after your cash using contract law to extort money from you, the convoluted appeals system and terminology etc is designed to catch out the unwise.

You have a speculative invoice for damages from a company masquerading as a parking management company, you don't get a double appeals set up if a plumber decides to add charges to an invoice do you it's all a con.

I appreciate this, thank you. I think I'm just worried because I would want the POPLA appeal to have the highest chances of being successful! Would it just be better for me state previous BPA CoP guidance on grace periods then, or omit? Sorry if I'm not entirely understanding!

Gr1pr

Do what you stated above at the end, also emphasising the Equality Act 2010

Grace periods wont cut it if it was say 30 or 60 minutes over,  unless a major incident occurred,  but an extra 10 or 15 minutes seems reasonable,  popla may or may not agree,  but a judge in court might,  they are not bound by ant BPA CoP 

Cute_Doggos

Gr1pr said:

Do what you stated above at the end, also emphasising the Equality Act 2010

Grace periods wont cut it if it was say 30 or 60 minutes over,  unless a major incident occurred,  but an extra 10 or 15 minutes seems reasonable,  popla may or may not agree,  but a judge in court might,  they are not bound by ant BPA CoP 

Thank you very much! It was literally 2-3 minutes over the 5 minute limit due to the presence of a disabled passenger, but it was on more than one occurrence (hence the multiple tickets, with the extra time stayed over being pretty much the same for each).

Thank you so much for your advice sincerely appreciated

Edit: in case anyone was interested - although the standard guidance from the new BPA CoP states 0 minutes grace period for short stay areas, they have a note elsewhere in the document stating the following, which I will be quoting! 'Many parking operators and landowners choose to recognise the Blue Badge scheme and provide designated provision with specific bays which allow more space for opening vehicle doors, getting in and out of the vehicle, accessing a wheelchair etc. This might be appropriate for recognising the needs of people with limited physical mobility, but adaptations are not purely physical - people with other disabilities might reasonably need longer consideration period and grace periods'

Gr1pr

Use that clause as well

Cute_Doggos

Gr1pr said:

Use that clause as well

Thank you for your support 

Cute_Doggos

I've just completed my first draft of the appeal with your help! I would sincerely appreciate any feedback or suggestions for improvement, please and thank you

It's slightly long, so major apologies - thank you so much for your time!