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LCP Harlesden Plaza - Disabled Bay Parking

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swindon87
swindon87 Posts: 167 Forumite
in Parking tickets, fines & parking
Driver parked in a disabled bay at Harlesden Plaza, with a valid disabled badge and received a NTK in the post a week of so later with pictured evidence. I understand this is a private car park, so the badge is not valid but this was not known at the time. I have read a few threads about Harlesden Plaza where drivers have stated poor signage. It was during the evening and dark, the driver can not recall seeing a sign from the disable bay but it is possible there is one.

I will send the appeal using the blue template via email. I also want to address the EA2010 and would like to know the best way to do so or shall I save this for POPLA?

Thank you

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  • Redx
    Redx Posts: 38,084 Forumite
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    popla have never ruled on the EA2012

    best bet is to complain to the landowner citing the EA2010 , because it is their disability and the EA2010 that allows them to park there , not the BB

    but the landowner may have rules that say that parking must be paid for , and also any concessions allowed for disabled people , like twice the parking period or one hour extra etc

    add an EA2010 paragraph to the initial appeal , without naming the driver (an occupant of the vehicle meets the EA2010 etc)
  • KeithP
    KeithP Posts: 37,647 Forumite
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    edited 12 January 2018 at 8:37PM
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    Swindon87, what are they suggesting you have done wrong?

    From their website:
    Situated in Central Harlesden this Pay and Display car park is ideal for shoppers, commuters and for visits to the area. Pay at the machine by inputting your full registration number on the keypad and ensure your ticket is clearly displayed on your dashboard or pay by mobile phone using your credit card.

    Please note we make no concessions for blue badge users at this car park due to the limited number of spaces available, so blue badge users are required to also make payment at the machines by entering their full vehicle registration details at the machines or by using Dashpark the telephone payment system.
    Do the signs there say something similar?
  • swindon87
    swindon87 Posts: 167 Forumite
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    Sorry forgot to mention, the breach of terms was non-payment.
  • swindon87
    swindon87 Posts: 167 Forumite
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    Thank you, will do this.

    Yes, this was pay and displayed car park and the driver failed to do this.

    What is the reason that POPLA have never ruled this?
  • Redx
    Redx Posts: 38,084 Forumite
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    no , they have said that due to the EA2010 being in play then that is for the court to deal with if the victim was to issue a court case

    they are only ruling within their remit , and the EA2010 is outside their remit (according to them)

    so yes the driver should have paid if the signage says so

    the driver cannot assume that they can just park for free by displaying a BB
  • swindon87
    swindon87 Posts: 167 Forumite
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    Upon revisiting the car park, the signage does say this. But at the time the PCN was issued it was difficult to see in the dark.
  • KeithP
    KeithP Posts: 37,647 Forumite
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    edited 12 January 2018 at 8:50PM
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    Here's some pictures of the signs from 2016:
    http://s17.postimg.org/3jod7uzzj/ANPR_SIGN.png
    http://s17.postimg.org/3jod7uzzj/ANPR_SIGN.png
    http://s17.postimg.org/hpz25z4j3/24_hour_P_D.png

    Taken from one of a number threads on here about Harlesden Plaza.

    Put Harlesden Plaza into the forum search facility and choose Show Posts to find them.
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 12 January 2018 at 9:37PM
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    swindon87 wrote: »
    Upon revisiting the car park, the signage does say this. But at the time the PCN was issued it was difficult to see in the dark.

    so it was poorly lit and indaequate signage that contributed to the drivers lack of knowledge. this would be useful in any appeal or court case as it fails Lord Dennings red hand rule (meaning it should be abundantly clear and totally unmissable)

    the driver should have been able to clearly read the signs directly in front of that bay , from the drivers seat , without having to leave the vehicle , even at night
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