APCOA PN Issued at SouthEastern Rail car park: Blue Badge not registered at Blue Badge portal

Mozart57

Hello,

I've received a PN for apparently breaching byelaw 14 at a SouthEastern rail car park last month. I am disabled and have used a Blue Badge in disabled bays at the car park for several years. This is the first time I've received a PN. Apparently, it was issued because I failed to register my Blue Badge on the APCOA Blue Badge portal. I didn't know I had to do that. There is no prominently displayed information at the car park informing Blue Badge holders of the need to do this. I returned to the car park today and looked at the signage. There is a small notice of this requirement on the board. (I've tried to attached a photo, but the post doesn't allow it.) 

Please would someone advise me on how I mght challenge this as it's very unfair.

Gr1pr

You can certainly add the picture, but you must include a short sentence too

Mozart57

Gr1pr said:You can certainly add the picture, but you must include a short sentence too.

Thankjs, Gr1pr. Ive tried that, but it just says 'image failed to load'. It's a jpeg.

Gr1pr

Possibly too large or breaks some other forum rules on adding pictures,  but thousands of other people have no trouble attaching pictures here,, check the file size, shorten the name and check it's suffix.  Jpeg, jpg etc

Coupon-mad

Screenshot it instead.

DO NOT APPEAL AS DRIVER.

First, read this entire thread about this illegality:

https://forums.moneysavingexpert.com/discussion/6610282/apcoa-southeastern-penalty-notices-and-blue-badges/p1

Mozart57

Gr1pr said:

Possibly too large or breaks some other forum rules on adding pictures,  but thousands of other people have no trouble attaching pictures here,, check the file size, shorten the name and check it's suffix.  Jpeg, jpg etc

Thank you - I've managed to do it. As you suggested, probably too large. I've made a screenshot as Coupon Mad suggested. Thanks both.

Mozart57

Coupon-mad said:

Screenshot it instead.

DO NOT APPEAL AS DRIVER.

First, read this entire thread about this illegality:

https://forums.moneysavingexpert.com/discussion/6610282/apcoa-southeastern-penalty-notices-and-blue-badges/p1

Thank you. Advice noted. I'll read the thread.

Mozart57

Hello again,

I've read the thread suggested above - very helpful.

So the plan is:

1. Appeal online to APCOA using template in NEWBIES sticky. 
Question: Should I mention at appeal stage that incident occured on 22 May but letter not received until 9th June (actually it was received 11 June). i.e. more than the 14 days permitted?

2. At the same time as making appeal, complain to both APCOA and SouthEastern with reference to breaches of Equality Act 2010 as per the above thread?

3. If unsuccessful at appeal or complaint, then proceed to POPLA?

Does that sound sensible?

Gr1pr

I would appeal as keeper using a different template such as the one used in the following thread, especially if you have received a penalty notice 

https://forums.moneysavingexpert.com/discussion/comment/81082015#Comment_81082015?utm_source=community-search&utm_medium=organic-search&utm_term=apcoa+rail+pcn

No point in adding information about delays, they are using the 6 months option,  besides which the 14 days timescale doesn't apply on railway land,  so stick to what DOES apply 

1) use the bespoke penalty appeal as keeper,  no frills,  no extras

2) correct 

3) correct,  bearing in mind that you should read several recent cases whilst 1) & 2) are being processed,  then draft the popla appeal based on those previous cases within the last 18 months 

Half_way

Do all drivers need to register at some sort of portal?

That signage is tiny 

What is meant by a "portal" there is no clear indication of what a portal is, or how to use it/get to it 

Do not identify as to who could have been driving, the vehicle/driver should be able to make use of any reasonable adjustments that they may need or any other occupant of the vehicle may need

By all means, complain to the railway company without referencing who could have been driving, main complaint would be discrimination based on disabled people having to undertake additional onerous and incomprehensible tasks that are not required of able-bodied passengers/service users, and they must remove this APCOA system immediately.

Also post on a rail specific forum here : https://www.railforums.co.uk/forums/disputes-prosecutions.152/

title it something like "Byelaw 14 offence - failure of disabled passenger to register on APCOA portal" 

there are rail industry types who frequent that board and anyone with a so-called railway  byelaw parking charge notice ( or whatever) should also post on there to clog it up 

You also need to complain to your MP, and ay other disability rights organisation you can think of - however be aware that you should post on here who you will complain to first as some may be operating hand in hand with the parking industry

Mozart57

Gr1pr said:

I would appeal as keeper using a different template such as the one used in the following thread, especially if you have received a penalty notice 

https://forums.moneysavingexpert.com/discussion/comment/81082015#Comment_81082015?utm_source=community-search&utm_medium=organic-search&utm_term=apcoa+rail+pcn

No point in adding information about delays, they are using the 6 months option,  besides which the 14 days timescale doesn't apply on railway land,  so stick to what DOES apply 

1) use the bespoke penalty appeal as keeper,  no frills,  no extras

2) correct 

3) correct,  bearing in mind that you should read several recent cases whilst 1) & 2) are being processed,  then draft the popla appeal based on those previous cases within the last 18 months 

Brilliant! Thank you.