Car over yellow line in disabled bay

clintrdog

I have received a PCN from UKPC as my car was parked over the yellow line in a disabled bay. My blue badge was on display and the "infringement " was not parking correctly in the space. I did not read any signs. The "fine" is £100 reduced to £60 if paid within 14 days. Now the date of the offence was 21/11 and have just received the letter 4/12 so not much time to respond, what a surprise. My partner was shopping and I only left the vehicle to find  a toilet. Any advice would be welcomed.

Gr1pr

Read the newbies sticky thread at the top of the forum 

Follow plan A, complain about the PCN to the retail park management company or landowner and get them to cancel it under the reasonable adjustments under the Equality Act 2010

Asap 

In future, always park within the confines of the bay, never on or across the lines, because the picture clearly shows that they are correct  ( I have a blue badge but would never park like that )

The bay is for the vehicle, the yellow hatchings either side are there for the doors to open fully for easier access , not blocked by adjacent vehicles 

Fruitcake

You have 28 days to appeal from the issue date of the notice to keeper.

As already advised, Plan A is a complaint from the keeper to the store manager/CEO and/or the landowner, and the keeper's MP. 

If Plan A does not result in a cancellation, then appeal to UKPC using the template in blue text you will find in the sticky Announcement for NEWBIES. Don't miss the appeal deadline.
If/ when it is rejected, appeal to PoPLA. Get photos of the site and signage in readiness. Nearly all UKPC signs are inadequate and incapable of forming a contract with a motorist. See if you can read their signs from a car length away.
Use all the PoPLA appeal points available to you from the links in the third post of the NEWBIES, with embedded photos to show how inadequate the signs are, and show us the draft before you submit it.

fisherjim

That is very inconsiderate parking, that hatched area is for both yours and the next vehicle to have better side access, why on earth did you park like that, in fact signage is a bit immaterial, in this case whether you read it or not!Having said that you don't have a "fine", you have an invoice, though no appeal at this stage will get it cancelled by UKPC or I think POPLA.

clintrdog

Thankyou for the positive comments, however I wasn't asking for a critique on my parking ability. the parked car on the nearside was too close, hence I moved over to allow my partner to exit the vehicle.

Gr1pr

And in doing so a breach of the parking contract by the driver was committed, leading to the NTK PCN letter you came here complaining about  ( even if the vehicle next to you was also in breach. )

Neither UKPC nor Popla are going to cancel the PCN , it was correctly issued 

Sometimes you have to accept the criticism and modify the drivers behaviour, otherwise these problems will reoccur , having a blue badge does not exempt you from the rules, regardless of the location 

Hence if you want it cancelled based on the excuses you are using in this thread, you beg the retail park management company or landowner for forgiveness as a goodwill gesture and promise to learn from the incident 

fisherjim

clintrdog said:

Thankyou for the positive comments, however I wasn't asking for a critique on my parking ability. the parked car on the nearside was too close, hence I moved over to allow my partner to exit the vehicle.

But your "parking ability" is exactly why landowners are persuaded by scam parking companies to infest their land which impacts on every body, we are not here to find loopholes for bad parking so I'm sorry but there it is.

They will start the court claim process and may give up if you can find a loophole, but I think you may find this is one they sink their teeth into, whether you like criticism or not.

1505grandad

" My blue badge was on display ...."
"My partner was shopping and I only left the vehicle to find  a toilet."


A heads-up in case you are not aware:-

https://www.gov.uk/government/publications/the-blue-badge-scheme-rights-and-responsibilities-in-england/the-blue-badge-scheme-rights-and-responsibilities-in-england

"You must use the Blue Badge properly. The badge and its concessions are for your use only.

It is a criminal offence for you or anyone else to misuse the badge. Doing so could lead to a £1,000 fine and confiscation of the badge. Making sure that the scheme is not abused will benefit genuine badge holders, such as yourself."

"Who can use the badge?

• You should not use the badge to allow non-disabled people to take advantage of the benefits while you sit in the car."

Gr1pr

More advice regarding the correct use of the badge etc in the following recent thread below 

https://forums.moneysavingexpert.com/discussion/comment/81139025#Comment_81139025

Coupon-mad

clintrdog said:

Thankyou for the positive comments, however I wasn't asking for a critique on my parking ability. the parked car on the nearside was too close, hence I moved over to allow my partner to exit the vehicle.

Well I disagree with the other comments.  Nothing wrong with your parking, especially if the other side (where your passenger needed space to get out) was a normal thin white line and you had to give her sufficient room.

Accessible bays are wider (with hatched edges) to make them accessible and if the operator can only be bothered to mark one side (am I right?) then the 'reasonable adjustment' for the driver using the 'end' disabled bay is that they may need to overlap the side hatchings.

Even if I'm wrong and there were hatchings both sides, NOBODY here was or is telling you to ever pay UKPC.

My signature below tells you how to navigate the forum to click to the NEWBIES FAQS thread.

Obviously you DO NOT appeal telling the story of what happened.

clintrdog

Many thanks for the advice the parking bay next to me was a normal parking space just to clear that up. I just didn’t know that a bit of crap parking would get me a sixty quid “fine “