EXCEL Parking PCN Disabled Bay

Syon33

Hi

Just looked through the newbies thread (thanks so helpful) and have drafted the template letter. When looking through the guidance I noted the points around POFA in this NTK.

My wife and mum went to the supermarket, parked in a disabled bay briefly and privacy notice placed on the windscreen, no date or boxes ticked (attached). The following week a NKT arrived in the post (also attached). However IP cannot see anything reference to POFA, I looked at paragraph 9 and can see those guidance points but I wanted to check those NTK was correctly worded before I send the email.

hxxps://1drv.ms/f/c/aa41574c4c9df657/IgDExgLEXzHSQaUlqzyEQIHHAb_HrnjmH_fLthMBo6tE5wg?e=2hLFwb

Thanks for your guidance.

Regards
Amit

MarkyMarkD

The attachment cannot be opened

Gr1pr

Its a dead link to onedrive , not an attachment , but I found the files ok

The NTK was posted within a few days, Tick

It invites the keeper to pay, Tick

The warning about keeper liability after 28 days is there,  Tick

Syon33

Thank you, yes it’s a OneDrive link as I am still a newbie so cannot upload images. The hxxps at the beginning should be changed to https per the new nice instructions,

I assume the appear will be rejected at this then goes to court?

Gr1pr

Newbies can attach images,  after adding a short sentence to their post

The appeal or appeals ( plural  ) will definitely be rejected,  which is why we advise plan A,  not B & C

But, does either of them qualify under the Equality Act 2010 or have a blue badge. ? If not it explains why Excel Parking or VCS issued the notices 

Court is not inevitable and is a long way off, but Excel Parking may have a Money Claim issued by lawyers 

Syon33

Yes one passenger has a blue badge although it wasn’t displayed.

Gr1pr

Well that is certainly useful,  because that was required to use the bay 

Definitely no admissions about not displaying it, or about who was driving 

In future,  use it,  as long as the BB owner is present,  its what its for ( like mineis. ) , no exceptions

Study the Joint Code of Practice to see anything useful about the BB leeway

Coupon-mad

Syon33 said:

Yes one passenger has a blue badge although it wasn’t displayed.

The keeper appeals now, attaching a copy of the blue badge because I think the joke 'Code' says they have to offer to settle at £20 in these mitigating circumstances.

DO NOT TRY IAS.

If they offer to settle at £20 it's up to you but personally, I would NOT pay because that's unfair charging for use of an accessible bay, which is a breach of the Equality Act 2010.

But it's up to you of course.

The other good thing about appealing and showing the Blue Badge immediately, is that if they fail to cancel the charge, then that immediately puts them in breach of the EA, and makes your case far stronger and winnable in court.

Syon33

Looked at the guidance with the assistance of Gemini. I drafted the following for the appeal:

Re XXX:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

The passenger in the vehicle is a disabled lady who was purchasing medicines. I am appealing this notice under the Private Parking Sector Single Code of Practice (v1.1) Appeals Charter. As the passenger is a valid Blue Badge holder, I am providing proof of the valid badge (attached). Per the Appeals Charter's provisions for mitigating circumstances, I request that the charge be cancelled

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require a detailed explanation of the allegation and your evidence.

Coupon-mad

I'd remove this ending in your case:

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require a detailed explanation of the allegation and your evidence.

Le_Kirk

This opens up to allow you to click on four images.
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