One Parking Solution - Disabled bay without a blue badge, genuine oversight but worth an appeal?

Bobthethird

Coupon-mad said:

Yes I do. Apologies! 

Hi

Sadly I you predicted the appeal has been rejected (copied in below if of any interest)

I will now appeal to IAS as per the details in the link you kindly provided but do I need to add any wording specific to my appeal relating to the poor signage and CCTV? I assume this will also be rejected whatever I put then will have to await the letters from OPS threatening the small claims court and then repeat my original defence on this & hope if we end up in court the judge is sympathetic? 

Rather a long shot but as the say there is a "consideration period to read the signs" could I claim my wife is a slow reader and used the 3min and 8secs to read the wording then left as she disagreed with the T&Cs?!

Many thanks

Thank you for your appeal received on 15/06/2025 regarding the above parking charge reference. The appeals team have reviewed the case and considered the comments that you have made. 

This appeal has been considered in conjunction with the multiple date/time stamped pictures gathered at the time of event, along with any applicable comments from the enforcement team, weighted against any relevant and fully substantiated mitigating circumstances that may have been supplied with this appeal. 

Reason for issue: No Disabled Badge displayed / No Disabled Badge displayed 

It’s important to understand that that parking on private land that is contracted to and managed by One Parking Solution (OPS) is not a right, its conditional, the (T&C’s) apply to all users of the site and are fully and clearly displayed on the parking signs (“The Parking Contract”). Whilst a consideration period is typically afforded to the driver to read the parking T&C’s sign they must either comply with the T&C’s or remove the vehicle from site, a grace/consideration period is not a free parking period and will not apply if the driver is making use of the land, in addition choosing to not read the T&C’s of parking is not considered a mitigating circumstance it’s a choice. 

When the driver decided to park and/or remain on the contacted land (“The Site”) whilst failing to comply with the clearly displayed T&C’s the driver automatically entered into a contractual agreement with OPS and agreed to pay the amount stated on the parking contract to The Creditor (OPS). At the time your vehicle was observed and issued with a charge it was not displaying a valid disabled badge/ blue badge. 

The appeals team are writing to inform you that the appeal has been unsuccessful. The driver failed to park the vehicle in accordance with the clearly displayed T&C’s, additionally the appellant has failed to substantiate and/or provide sufficient evidence to the contrary. We acknowledge the contents of your appeal however this does not exempt you from the terms and conditions of the site. The signage clearly states that parking in these bays are for blue badge holders, in addition there is paint works indication that these are reserved for disabled drivers. The contract between the motorist and One Parking Solution LTD is formed when the vehicle is left on the site, this is clearly stated on the signage. It is the motorists responsibility to read the signage and comply with this. On the signage around the site it divulges that CCTV is in operation therefore this comply with Data protection and GDPR. Disable bays are for the exclusive use to individuals that have a blue badge in place, this is to ensure that have a safe and accessible space to be able to exit the vehicle as a disability is a protected right, only people with blue badges should park in the corresponding bays. As you did not have a blue badge and have not advised you do so the parking charge was issued correctly as you were in direct contravention of the terms and conditions of the site. 

The internal appeals team find this parking charge to be issued correctly, we must advise you that once the discounted settlement rate (if applicable) passes it will not be offered again, you have now reached the end of our internal appeals procedure. You may now either pay the amount due OR appeal further with the Independent Appeals Service. If you still believe that the parking charge was issued incorrectly, then you may appeal further to the Independent Appeals Service (IAS). You must submit an appeal directly to them online using the following link: https://www.theias.org/appeal If you wish to appeal to the IAS, you should ensure to do so within 28 days of the date of this letter. Please note, that should you choose to use the IAS, you will automatically lose the opportunity to pay the discounted rate of the charge. If you appeal to the IAS and then subsequently pay the charge prior to the appeal being determined, then the appeal will be cancelled, and you will not be given a further opportunity to contest this charge.

Coupon-mad

Give it a go then ignore when you lose. You get a proper dispute resolution at court. 

Bobthethird

The IAS appeal is farcical, this is the final section that states only tick the box where you agree but you cannot submit the appeal without ticking all the boxes first....

Appeal submitted I shall await rejection and the threats of small claims court