GroupNexus parking charge

shahan786

Hi guys, wanted abit of advice.

Parked in new square west bromwich carpark an area new to us however we did check the signs at that time.

Anyhow iv received this over a month after the incident. The letter states 19th however I received this on the 28th which I'm not sure if the date of issue has been intentionally moved back?

Anyway the car in concern had a disabled badge displayed and the driver checked the signs and was shown as free parking for disabled so no ticket required.

The signs and the small print near the pay stations I'm sure both showed free parking for blue badge holders however after looking on the "new square west bromich" site it shows that the disabled user needs to go into a store and ask for a code and then enter that into the machine to get free parking however this does not show anywhere on the signs?

My question is where do we stand with this considering no signs displayed any mention of having to go into store to get free parking and the letter being received so late?

Thanks in advance.

Gr1pr

Assuming that no windscreen pcn was issued on the incident date,  then the pcn above fails to comply with Pofa2012 , timescales nevermind anything else 

I would expect that a driver would have to register for free parking at some place on the site, even if its a blue badge bay 

An appeal by the keeper based on the no keeper liability aspect due to non compliance with Pofa2012 should see it off 

But ideally the keeper should be using plan A in the newbies sticky thread in announcements near the top of the forum,  by complaining about the PCN to the business or landowner or retail park management company and getting it cancelled under the Equality Act 2010 

Coupon-mad

shahan786 said:

Hi guys, wanted abit of advice.

Parked in new square west bromwich carpark an area new to us however we did check the signs at that time.

Anyhow iv received this over a month after the incident. The letter states 19th however I received this on the 28th which I'm not sure if the date of issue has been intentionally moved back?

Anyway the car in concern had a disabled badge displayed and the driver checked the signs and was shown as free parking for disabled so no ticket required.

The signs and the small print near the pay stations I'm sure both showed free parking for blue badge holders however after looking on the "new square west bromich" site it shows that the disabled user needs to go into a store and ask for a code and then enter that into the machine to get free parking however this does not show anywhere on the signs?

My question is where do we stand with this considering no signs displayed any mention of having to go into store to get free parking and the letter being received so late?

Thanks in advance.

Please show the sign.

You will win this at POPLA if the signs don't mention the need for a 'code' for disabled people.

This system is also discriminatory under the Equality Act 2010 because if the site was managed on foot, then you wouldn't be burdened with having to take extra steps (literally) to get a code to avoid £100 charge on every visit. Disabled bays should always be monitored on foot, either by landowners, onsite businesses or the parking firm themselves because circumstances need 'eyes on' to fairly support disabled service users and not set them up for a fall.

By using cheap ANPR remote surveillance they are making it many, many times MORE likely that disabled people will get PCNs.

However, at this stage just appeal with a photo of the blue badge (redact the photo and badge reference to protect your data) and they should cancel it. DO NOT SAY WHO WAS DRIVING, AS THIS IS A NON-POFA PCN.  DO NOT SAY "I PARKED". NO FIRST PERSON. EITHER SAY 'WE' OR REFER ONLY TO THE CAR AND OCCUPANTS IN THE THIRD PERSON.

Not that this 'disabled people must go and specially get a code to escape £100 charge per day' system is in any way justified by the industry saying "yes but the person can appeal."

Not acceptable justification for the extra burden imposed; I used to be a Disability Service Manager in a previous job and this IS discriminatory under the EA.

The industry know that many vulnerable or elderly people simply pay what they see as a 'fine' or 'bill' and they want this gravy train to continue.

shahan786

Gr1pr said:

Assuming that no windscreen pcn was issued on the incident date,  then the pcn above fails to comply with Pofa2012 , timescales nevermind anything else 

I would expect that a driver would have to register for free parking at some place on the site, even if its a blue badge bay 

An appeal by the keeper based on the no keeper liability aspect due to non compliance with Pofa2012 should see it off 

But ideally the keeper should be using plan A in the newbies sticky thread in announcements near the top of the forum,  by complaining about the PCN to the business or landowner or retail park management company and getting it cancelled under the Equality Act 2010 

Gr1pr said:

Assuming that no windscreen pcn was issued on the incident date,  then the pcn above fails to comply with Pofa2012 , timescales nevermind anything else 

I would expect that a driver would have to register for free parking at some place on the site, even if its a blue badge bay 

An appeal by the keeper based on the no keeper liability aspect due to non compliance with Pofa2012 should see it off 

But ideally the keeper should be using plan A in the newbies sticky thread in announcements near the top of the forum,  by complaining about the PCN to the business or landowner or retail park management company and getting it cancelled under the Equality Act 2010 

No ticket was left on the car, its the first time we have come across any car park requiring the car to obtain a code to get free disabled parking. Does every ticket have to comply with POFA2012? if not how would i know if mine does or not? 

shahan786

Coupon-mad said:

shahan786 said:

Hi guys, wanted abit of advice.

Parked in new square west bromwich carpark an area new to us however we did check the signs at that time.

Anyhow iv received this over a month after the incident. The letter states 19th however I received this on the 28th which I'm not sure if the date of issue has been intentionally moved back?

Anyway the car in concern had a disabled badge displayed and the driver checked the signs and was shown as free parking for disabled so no ticket required.

The signs and the small print near the pay stations I'm sure both showed free parking for blue badge holders however after looking on the "new square west bromich" site it shows that the disabled user needs to go into a store and ask for a code and then enter that into the machine to get free parking however this does not show anywhere on the signs?

My question is where do we stand with this considering no signs displayed any mention of having to go into store to get free parking and the letter being received so late?

Thanks in advance.

Please show the sign.

You will win this at POPLA if the signs don't mention the need for a 'code' for disabled people.

This system is also discriminatory under the Equality Act 2010 because if the site was managed on foot, then you wouldn't be burdened with having to take extra steps (literally) to get a code to avoid £100 charge on every visit. Disabled bays should always be monitored on foot, either by landowners, onsite businesses or the parking firm themselves because circumstances need 'eyes on' to fairly support disabled service users and not set them up for a fall.

By using cheap ANPR remote surveillance they are making it many, many times MORE likely that disabled people will get PCNs.

However, at this stage just appeal with a photo of the blue badge (redact the photo and badge reference to protect your data) and they should cancel it. DO NOT SAY WHO WAS DRIVING, AS THIS IS A NON-POFA PCN.  DO NOT SAY "I PARKED". NO FIRST PERSON. EITHER SAY 'WE' OR REFER ONLY TO THE CAR AND OCCUPANTS IN THE THIRD PERSON.

Not that this 'disabled people must go and specially get a code to escape £100 charge per day' system is in any way justified by the industry saying "yes but the person can appeal."

Not acceptable justification for the extra burden imposed; I used to be a Disability Service Manager in a previous job and this IS discriminatory under the EA.

The industry know that many vulnerable or elderly people simply pay what they see as a 'fine' or 'bill' and they want this gravy train to continue.

i have attempted to find the carpark signs online but cant seem to see any and the site in question is a far distance away for me be able to return there. So il attempt Plan A of the newbie guide and if that doesnt work then send an email stating that the car displayed a blue badge and that the signs only displayed free disabled parking? Should i also mention the delay in receiving the letter? 

Car1980

No, but if they don't comply they can't hold the keeper liable if they don't know who the driver is.

troublemaker22

shahan786 said:

Does every ticket have to comply with POFA2012? if not how would i know if mine does or not? 

No. Compliance with POFA is optional. But if a parking operator issues a ticket that isn’t POFA-compliant, it can’t be enforced against the keeper or the hirer, only against the driver - and if nobody tells them who was driving they have nobody to enforce against. 

We can tell that your ticket was not POFA-compliant even though you haven't shown us what is written on the back because a postal notice that was not preceded by a windscreen ticket must be delivered within 14 days of the parking incident in order to comply with POFA paragraphs 9(2)(4) and (5), and a ticket sent by post is presumed (unless the contrary is proved) by POFA paragraph 9(6) to have been delivered on the second working day after posting. 

If a ticket doesn’t fail on dates, you need to check both sides of the ticket to see if it complies with all the other conditions. You can read POFA here - https://www.legislation.gov.uk/ukpga/2012/9/schedule/4.  As you can see, POFA is the acronym for Schedule 4 to the Protection of Freedoms Act 2012.