Appeal bc of disability rejected, now letter before court, dispute rejected - now what?

Umkomaas

If the CPP NtK is PoFA compliant (and given they are part of the ParkingEye setup, it probably is), there's no advantage to not revealing who the driver was. But mitigating circumstances have never helped anyone. 

LDast

As with all ParkingEye NtKs, a CPP one will not be fully compliant with all the requirements of PoFA as there will be no invitation for the Keeper to pay the charge as per 9(2)(e)(i). There can be no implied obligation.

muddy_gloves

The signage was bad (there was no machine under the sign, and the actual machine I couldn't see as it was small and hidden by parked cars (it was nowhere near the sign).

Had to use app - and ADHD (registered disability) meant that I made a simple time counting error (classic ADHD issue). I chose the amount I thought was correct - but was 13 minutes out according to their "invoice". So with the ten minute grace period this is a charge for 3 minutes is it not?

muddy_gloves

I have photos of the sign and hidden machine. The apps are not difficult to use per se (mostly) - but it is very easy for someone with ADHD to get the details wrong. It's a life constant this!!
Have since found teh machine, and use that now. Have evidence of all the above.

muddy_gloves

LDast said:

As with all ParkingEye NtKs, a CPP one will not be fully compliant with all the requirements of PoFA as there will be no invitation for the Keeper to pay the charge as per 9(2)(e)(i). There can be no implied obligation.

Hello - I'm not sure I understand this - could you please explain? Are you saying that the letter didn't ask me to pay?  What is "9(2)(e)(i)" please?
I attach the letter. Thank you.

muddy_gloves

Coupon-mad said:

muddy_gloves said:

£100 for 3 minutes over

The PCN can't be for being 3 minutes over. Do you mean 3 minutes over a ten minute grace period after paid-for time?

Yes - that is what I mean.

Coupon-mad

muddy_gloves said:

"The signage was bad (there was no machine under the sign, and the actual machine I couldn't see as it was small and hidden by parked cars (it was nowhere near the sign).

Had to use app - and have ADHD (registered disability) I want to share medical evidence"

£100 for 3 minutes over the ten minutes grace.
Paid before leaving for the whole 6 hours parked, within the 6 hours:

 

Appeal online admitting to driving and attaching your app payment screenshot and attaching evidence of your medical condition.

DO NOT TALK ABOUT MAKING A MISTAKE.

State that:

- you clearly paid for the full 6 hours the car was parked and due to your medical condition you are legally entitled to more time to process written information such as reading signs and navigating complicated and flaky payment apps.

-  the app record shows you paid at 4.39pm and the grace period - minimum ten minutes - allowed to then leave (having returned to the car and paid in good time) was not exceeded.

The PCN has arisen purely because the BPA & IPC Joint CoP cynically changed the 2022 statutory CoP to remove the consideration period on arrival.

That disingenuous change works against all drivers but it especially causes detriment and discrimination against people with protected characteristics such as this motorist. The PCN breaches the Equality Act 2010 and the specific BPA/IPC Joint Code clauses about disabled motorists, and as such the PCN must be cancelled.

muddy_gloves

This is so helpful - thank you so much. I'll take out the "mistake" from my letter and add the pieces you have written. Fingers crossed (because I find it utterly ridiculous that I am charged £100 for something I can do nothing about (processing and executive function). I really appreciate your time in writing this - thank you again.

muddy_gloves

Sadly my appeal was rejected but I didn't receive notice of that rejection. This means I didn't get the chance to go to POPLA.
I have now received a Letter Before Court.
I used their form to dispute the charge citing, bad signage, being within the ten minutes grace period, and needing extra time for processing because of driver's disability.
They have replied saying that they are "unable to consider any further appeals at this stage", and that the balance remains outstanding. They say they are prepared to take legal action if necessary.

Any idea as to what I should do next? 

kryten3000

Wait for them to make a claim.