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Hi All, and thank you for allowing me to join.
I have just had my appeal against a charge notice issued by UK Car Park Management rejected. Having now read some other posts on this forum I realise that this appeal was almost guaranteed to fail. I have also made the further error of admitting to being the driver.
The circumstances are as follows:
I parked in a disabled bay in a large retail park where there is no charge for parking. I do hold a valid Blue Badge and had thought I had displayed it, however it had slipped from my dashboard and so was not visible. this was the contravention for which I received the charge. The Notice to Keeper was sent and received in the correct timeframe.
I replied to UK CPM, I explained that I displayed my Blue Badge as a matter of habit rather than accepting it to be a condition of parking in this car park. but it must have slipped. I advised that I fulfil the legal definition of having a disability and therefore feet that I am entitled to use the bay.
I then pointed out that the signage on the site in inconsistent and that the signs in the immediate vicinity of the space in which I parked make no mention of the necessity to actually display a Blue Badge, nor does the main signage at the entrance to the car park. I also pointed out that in the "bank" of disable spaces in which i parked, non of the signage makes reference to a Blue Badge. Indeed, i pointed out that no such signage is even remotely visible from where I had parked.
The nearest sign which makes mention of the necessity to display a Blue Badge when parking is on a wall some 40 - 50 meters away and is actually around a corner and not at all visible from where I had parked, however this is the sign the attendant chose to photograph on the day fro the purpose of the charge notice, I said i felt this to be underhand. There are in fact some twelve signs nearer that do not mention this condition.
I also attached an image of my valid Blue Badge in the hope that this may clear up the matter; it didn't and the rejected my appeal advising me to use the IAS which i now realise was a mistake.
So the basis of my appeal was that I correctly used the a disabled space provided in line the landowners duties reasonable adjustment and that the signage is not sufficient for me to have known that I needed to display a blue badge.
As part of the IAS appeal process UK CPM have provided a site map with the location of the signage indicated. They have also provided images of the three different types of sign they use and these are colour coded on the site plan. This is quite useful because it supports my case stated above about inconsistency, and I am happy that this plan is accurate.
I have now been through the IAP appeal process and they have actually stated that the nearest sign to me clearly stated the Blue Badge display condition. This is simply untrue and I have photographic evidence of this along with the site plan. IAS have been provided with all the photographs and text from my initial contact with UK CPM
I am left feeling that AIS didn't even bother to look at the evidence that that I provided, nor that of UK CPM which was equally seems to support my appeal.
I would really appreciate opinions on what is likely to happen next and how I should proceed. Also if anybody has any idea if UKCPM might actually pursue this through the courts.
Thanks for all help
H
I have just had my appeal against a charge notice issued by UK Car Park Management rejected. Having now read some other posts on this forum I realise that this appeal was almost guaranteed to fail. I have also made the further error of admitting to being the driver.
The circumstances are as follows:
I parked in a disabled bay in a large retail park where there is no charge for parking. I do hold a valid Blue Badge and had thought I had displayed it, however it had slipped from my dashboard and so was not visible. this was the contravention for which I received the charge. The Notice to Keeper was sent and received in the correct timeframe.
I replied to UK CPM, I explained that I displayed my Blue Badge as a matter of habit rather than accepting it to be a condition of parking in this car park. but it must have slipped. I advised that I fulfil the legal definition of having a disability and therefore feet that I am entitled to use the bay.
I then pointed out that the signage on the site in inconsistent and that the signs in the immediate vicinity of the space in which I parked make no mention of the necessity to actually display a Blue Badge, nor does the main signage at the entrance to the car park. I also pointed out that in the "bank" of disable spaces in which i parked, non of the signage makes reference to a Blue Badge. Indeed, i pointed out that no such signage is even remotely visible from where I had parked.
The nearest sign which makes mention of the necessity to display a Blue Badge when parking is on a wall some 40 - 50 meters away and is actually around a corner and not at all visible from where I had parked, however this is the sign the attendant chose to photograph on the day fro the purpose of the charge notice, I said i felt this to be underhand. There are in fact some twelve signs nearer that do not mention this condition.
I also attached an image of my valid Blue Badge in the hope that this may clear up the matter; it didn't and the rejected my appeal advising me to use the IAS which i now realise was a mistake.
So the basis of my appeal was that I correctly used the a disabled space provided in line the landowners duties reasonable adjustment and that the signage is not sufficient for me to have known that I needed to display a blue badge.
As part of the IAS appeal process UK CPM have provided a site map with the location of the signage indicated. They have also provided images of the three different types of sign they use and these are colour coded on the site plan. This is quite useful because it supports my case stated above about inconsistency, and I am happy that this plan is accurate.
I have now been through the IAP appeal process and they have actually stated that the nearest sign to me clearly stated the Blue Badge display condition. This is simply untrue and I have photographic evidence of this along with the site plan. IAS have been provided with all the photographs and text from my initial contact with UK CPM
I am left feeling that AIS didn't even bother to look at the evidence that that I provided, nor that of UK CPM which was equally seems to support my appeal.
I would really appreciate opinions on what is likely to happen next and how I should proceed. Also if anybody has any idea if UKCPM might actually pursue this through the courts.
Thanks for all help
H
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