MET Parking PCN for Disabled Bay @ Ashford Surrey

[Daisylouise]

Hi all, I have received a PCN today for waiting in a disabled bay at McDonald’s, I didn’t overstay the allotted time but we were waiting in a disabled bay for the food to be brought to the car with my disabled mother who has a blue badge - she was in the back of the car, in honesty I didn’t realise we had to display the badge if we were staying in the car. Any advice on appealing? Thank you!

[Daisylouise]

Here is the PCN notice for information

[des8]

So on 17th May write to MET :

Dear Sirs,
I have received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.
Yours etc

Send first class with free certificate of posting from post office.
Don't expect MET to accept this as a valid appeal, as accepting appeals doesn't produce an income, but it is a valid defence

[Daisylouise]

des8 Hello, thank you for your help. I used your template and adjusted slightly to the below to appeal, I submitted the appeal on 28 April 2024:

_______________________________
Dear Sirs,

I, as registered keeper, wish to invoke your appeals procedure. The driver did not see any signs and was with their mother who has significant mobility issues, see enclosed copy of blue badge in the supporting attachments and it appears the has been no reasonable adjustment in line with the equality act.

You have also failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012
namely, but not limited to, failing to specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) of the Act.

In any event your charges are penal in nature and not a genuine pre estimate of loss.

I am under no statutory obligation to name the driver and will not do so at this time.

I do not expect to hear from you again, or your debt collectors, with the exception to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours Sincerely,
_______________________________

Today, I have received this letter via email from MET… any ideas on what to respond? They are asking me the following:
“Confirm if the Blue Badge holder remained in the vehicle for the duration of the time you were in the disabled bay”

I notice they used the words “you” in the above statement, even though I have not named the driver at the time. Are they trying to catch me out? Any help will be greatly appreciated!!!

[des8]

I don't see that it makes any difference whether or not the blue badge holder remained in the vehicle as the "offence" was "not displaying the badge whilst parked in disabled bay"
So when you reply, make sure you do so as the keeper and only refer to the driver.
Remind them the driver did not see the signs, and in any case they cannot transfer liability for any unpaid parking charge from the driver to the registered keeper as their NTK did not comply with the mandated conditions of PoFA 2012

[Daisylouise]

Thanks des8.

I agree with you; I think they are clutching at straws!... I’ve drafted the below as a response, let me know if you would amend anything? Thanks for all your help!!
_______________________________________
I, as registered keeper, am writing in response to your letter dated 15 May 2024.

The driver has confirmed that the Blue Badge holder was present in the vehicle for the duration. As mentioned before, the driver did not see any signage and I am under no statutory obligation to name the driver and will not do so at this time.

I would like to remind you that your Notice to Keeper failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to specify the period of parking to which this notice applies as prescribed by section 9 (2) (e) of the Act.

I do not expect to hear from you again, or your debt collectors, with the exception to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours Sincerely,
Daisy Chamberlain, Keeper

[des8]

I would only add that as their NTK did not comply with the mandated conditions of PoFA 2012 they cannot transfer liability for any unpaid parking charge from the driver to the registered keeper

[Daisylouise]

des8 Me again! Today I received a response to the appeal… they have rejected it. Here is what the letter, any ideas on how to proceed? What a nightmare!

[des8]

so now you appeal to PoPLA
Post up a draft of your appeal before sending

[tesla6518]

OK the reason they are asking if the disabled person stayed in the car all the time, is because, there was no need to park in a disabled bay. you could have parked in a normal bay as it would not have affected the disabled person.

[des8]

That doesn't correct the omission to specify the period of parking in the PCN.
As long as they do not know the identity of the driver they cannot transfer liability for the unpaid charge to the registered keeper

[tesla6518]

Desa, I am not saying it corrects the ommission, however it is their way of catching him out for a different offence which has nothing to do with not displaying a blue badge or the amount of time parked. I am a disabled driver and have come across this before. Normally if a warden observes a car parked with the driver in the seat, they will ask if they are disabled and ask them to move to another non disabled bay.
Blue badge spaces are for disabled people to reach their destination easily wether they drive their self or if they are driven. if you are driven (in any vehicle) that is ok as long as the disabled person gets out and goes to wherever and you go with them. Otherwise they say you could drop the disabled person off and park in a normal bay and then pick them up again. If the disabled person stays in the car then they presume someone else has gone to the shops or whatever and then they are using the disabled bay for a different reason and are liable immediately, there is no time factor. The disabled driver can leave the vehicle and you can stay in the car as long as you are not in the driver seat. Hope that explains what they are trying to achieve.

[des8]

I know what they are trying to achieve (and I believe the rules when on the public highway mean the disable badge holder has to alight from the parked car).
However those rules don't necessarily apply in a private car park.
Does the signage require the disabled holder to alight?

But in any event they still cannot transfer liability from driver to keeper without complying strictly with the mandated statutory requirement regarding what MUST be included in the NTK.
It does not matter what "offence" they are trying to pin on the driver, they have failed to transfer liability for the charge from driver to keeper