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  • FIRST POST
    • ddiane
    • By ddiane 13th Jun 19, 3:59 PM
    • 17Posts
    • 2Thanks
    ddiane
    IAS appeal draft for Uk parking limited parking fine disabled badge - Windsor
    • #1
    • 13th Jun 19, 3:59 PM
    IAS appeal draft for Uk parking limited parking fine disabled badge - Windsor 13th Jun 19 at 3:59 PM
    Hello,

    My mother recently got issued parking fine on the parking (Castle car park in Windsor) not realising you had to pay and display as she had blue badge she assumed it was free like the other car park right across. Her right leg is crippled - she cannot walk long distance and without assistance so didn’t see the tiny warnings for blue badge holder. She recently appealed and got rejected saying to go through IAS which from many forums here is useless, is there any way she can appeal this?

    Any advice would be appreciated thank you.

    Update: appeal rejected. Forwarded to IAS for further appeal.

    More detail: My mother had parked the car with her BB at around 2 o clock to go to the post office and came back at around 4.40 ish literally second after PCN was issued. Her right leg is crippled with severe arthritis at the ankle and knee and she cannot walk unaided/unassisted and Windsor is uphill so she has to take lot of break. The appeal was made by mother who named herself as the driver and used 'I' (the big no no in the appeal).

    Here's the draft.

    Dear Sir/Madam

    As the keeper of the above vehicle, I wish to appeal the parking charge notice UK parking Ltd issued against the mentioned vehicle. I believe the parking charge notice should be cancelled based on the following grounds:


    Inadequate and Insufficient IPC Compliant Signage
    (would attach castle car park sign)
    The signage on entry to the land is improper and insufficient. As suggested under Schedule 1 of the IPC CoP “The sign must be readable from far enough away so that drivers can read all of the Group A and Group B text without needing to look more than 10 degrees away from the road ahead”. After revisiting the site since receiving the NtK, signage on entry to the land does not meet this criteria.
    The signage (Sign1) is written in capital letters. The British Dyslexia Association and Gov.uk state that “Avoid text in block capitals: this is much harder to read”. This means that the signage provided can be argued as not easily legible and can cause problems for any driver that has dyslexia.
    Additionally, the IPC CoP states under Schedule 1 that signs should “include a minimum of one phrase from Group A”.To clarify this point, Group A phrases are stated as the following :
    Pay and display [free for blue badge holders]
    [x minutes/hours] free parking [for customers only]
    Pay on exit
    Pay [on foot/at machine] when leaving
    Parking for [business name] customers only
    Permit Holders Only
    As can be seen in attachment Sign1, there is no Group A text on this signage.

    The alleged breach took place in Castle Car Park in Windsor. Having subsequently visited the site, the main sign at the immediate vehicle entrance to the carpark where it says private land is barely noticeable as drivers who, unable to stop at that point in the road, rightly strive to accord with legal and safe driving practice.

    The nearest pay and display parking meter, at the entrance displays no signs that suggest BB must pay and display ticket. One must travel to the end, which the driver due to disability cannot, and even then, BB must pay signs are written in very small font and hidden behind by PAY HERE poster.

    The Charge is a disguised breach
    The wording of the signage states that there is a “penalty charge for failing to display a valid ticket”. The NtK (attachment NtK1) states that there was an “Unauthorised Parking Event”. As such, I contend that this charge is not a contractual fee or tariff (consideration), but a breach. A contractual fee/tariff arrangement would not need parking to be authorised and would consider parking at any price or fee.

    ** For now, this is all I have, I know that BB are protected under 2010 Equality Act but I'm not sure how to word that here....

    TL;DR private land in main sign very small, won't be able to safely stop the car to check as it's right next to the road and would disrupt the traffic.

    parking meter by the entrance and most convenient, the picture of the car park shows there's no instructions about blue badge.

    Blue badge must pay sign is at the far end of the parking lot and is hidden by the PAY HERE sign at the bottom in very small font.

    Please please help me. I would very much appreciate any input....

    Thank you.
    Last edited by ddiane; 18-06-2019 at 10:44 PM.
Page 2
    • Redx
    • By Redx 19th Jun 19, 9:02 AM
    • 25,020 Posts
    • 31,953 Thanks
    Redx
    I did read the faq and I’ve found out it was iPC me never after I asked them the code... yes it was stupid of me but in here people say you have a better chance of winning with popla than IAS
    Originally posted by ddiane
    Yes you do, but only with BPA AOS members, not when they are IPC AOS members like in this case

    They get to choose which option they subscribe to, not you, so popla is not an option for you or this parking company
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • ddiane
    • By ddiane 19th Jun 19, 9:03 AM
    • 17 Posts
    • 2 Thanks
    ddiane
    No they said parking charge notice not penalty. I’m looking through ipc guide code of practice and noticing on signage there should be:

    Identify the amount of any charge and explain when it becomes payable - the amount they did not

    Advise drivers that if charge remains unpaid for period of 28 days after issue then an application will be made for the keeper detail from docs

    He clearly legible and placed in such position driver must be able to see upon entering

    Identify yourself as the creditor being person who is entitled to recover parking charge and provide telephonen no - in the picture of the car park instruction that they uploaded no where did uk parking ltd identity themselves.
    • Redx
    • By Redx 19th Jun 19, 9:06 AM
    • 25,020 Posts
    • 31,953 Thanks
    Redx
    In which case tell the ias those details

    But don't expect a win, but you never know
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Quentin
    • By Quentin 19th Jun 19, 9:12 AM
    • 40,488 Posts
    • 24,533 Thanks
    Quentin
    We see lots of blue badge holders getting these charges mainly because of their ignorance of the correct privileges having one gives them

    Make sure that the badge holder reads and understands the BB guide she will have so that this doesn't happen again!
    • ddiane
    • By ddiane 19th Jun 19, 9:14 AM
    • 17 Posts
    • 2 Thanks
    ddiane
    Yes mother at fault for not checking as she’s used the one owned by council right across. Seeing the word castle car park she thought it was another council owned
    • Coupon-mad
    • By Coupon-mad 20th Jun 19, 9:33 AM
    • 76,547 Posts
    • 89,882 Thanks
    Coupon-mad
    This case HAS to be won at IAS if no sign says what the parking charge is!

    You need to spell that out REALLY simply, none of this 'not identifying themselves as the creditor'. Cut to the chase and this NOT about the IPC CoP! It's basic contract law.

    THERE CAN BE NO CONTRACT TO PAY A SUM AS A 'PARKING CHARGE' AT A LOCATION WHERE THE SIGNS DO NOT TELL DRIVERS WHAT THAT PARKING CHARGE ACTUALLY IS, IN MONETARY TERMS.

    Then show images of those signs and point out the lack of £xx parking charge.

    When the parking firm rebut this, repeat it to the IAS again, do not leave it unreplied to. This one should be easy.
    Last edited by Coupon-mad; 20-06-2019 at 11:26 AM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • The Deep
    • By The Deep 20th Jun 19, 10:11 AM
    • 15,216 Posts
    • 15,875 Thanks
    The Deep
    I very much doubt that the parking charge is not mentioned in the signs. I suspect that OP is mistaken.
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 20th Jun 19, 10:28 AM
    • 76,547 Posts
    • 89,882 Thanks
    Coupon-mad
    Have a look at the pics, Sir Deep! I did. Tell me it's there!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • ddiane
    • By ddiane 20th Jun 19, 10:35 AM
    • 17 Posts
    • 2 Thanks
    ddiane
    There is no charge written only there’s pcn for not displaying valid ticket etc.,
    • ddiane
    • By ddiane 20th Jun 19, 10:36 AM
    • 17 Posts
    • 2 Thanks
    ddiane
    Unfortunately my mum paid the £60 she was discouraged how IAS is hard to be won and if she fails she’d have to fork out £100.... I put forth complaint to ipc on them..
    • Coupon-mad
    • By Coupon-mad 20th Jun 19, 11:26 AM
    • 76,547 Posts
    • 89,882 Thanks
    Coupon-mad
    Oh no. This case was winnable 100%. That is stupid and annoying and sad.

    You had a rare IAS win ahead. It was not going to be hard!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • ddiane
    • By ddiane 20th Jun 19, 11:28 AM
    • 17 Posts
    • 2 Thanks
    ddiane
    Yes I rather take my chance and pay £100 failed than never try at all but mum didn’t want to a bitter win for them. I’ve put in a complaint to ipc will have to see how it goes..
    • Coupon-mad
    • By Coupon-mad 20th Jun 19, 11:44 AM
    • 76,547 Posts
    • 89,882 Thanks
    Coupon-mad
    They couldn't have won.

    Don't complain to the IPC. That alerts them to change the signs!

    Which exact car park has these signs, it may help others?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Quentin
    • By Quentin 20th Jun 19, 11:50 AM
    • 40,488 Posts
    • 24,533 Thanks
    Quentin
    Unfortunately my mum paid the £60 she was discouraged how IAS is hard to be won and if she fails she’d have to fork out £100.... I put forth complaint to ipc on them..
    Originally posted by ddiane
    Hope this was not due to the deeps #27!!
    • ddiane
    • By ddiane 20th Jun 19, 11:59 AM
    • 17 Posts
    • 2 Thanks
    ddiane
    I’ve noticed even lots of council parks don’t say how much fines either
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