Parking fine advice please

[marleymouse]

I am disabled and my husband has dementia, the vehicle is a motability vehicle and I have a disabled badge. On 8th December 2018 we took my husband to shop at a retail park followed by a meal at the same site. Due to my husbands condition it is difficult for us to venture out, to be stress free it is a slow process so this was a rare trip and we try to fit in as much as we can while he is able . The car park was very busy and cars were queuing waiting for people to vacate spaces, an official in a yellow vest was assisting and directing people where to park. Due to my disability we have to park in a disabled bay or where I have room to get in and out of my vehicle and load/unload my chair plus where we are close to shops for my husband so we had to wait for a suitable space. We are governed by my husbands needs and tired and stressed he took longer than expected in the toilet as we prepared to leave, we again had to wait to be able vacate our parking space due to others waiting to load/manoeuvre their cars. We had not realised the car park time started on entry regardless of the time actually parked in a space so was going by the time on my blue badge, had we realised we would have sought help when my husband was struggling.

Does anyone know whether an appeal would be feasible, this fine will cause us considerable hardship.

[ploddertom]

Do you know who the parking company is? Have you received anything from them?

[ostell]

Was this a paid for car park or free for a limited period? And have you actually got a Notice to Keeper by Post? If you have then please post it up, suitably redacted so that you can not be identified but leave dates.

What location was this? Can then look on Google to get some idea.

The Equalities (?) Act makes it a criminal offence not to make additional allowances for those with a disability.

Have you complained to the manager of the shop you visited (and just mention the equalities act and its criminality).

[marleymouse]

IMG_0033 (1).jpg this is what I received. I was parked at Lottbridge Drove retail Park (by The Range and KFC) in Eastbourne, East Sussex

BN22 7SG

. It was not pay and display car park and I was parked in disabled bay. The picture shows me arriving at 11.14 on 8/12/2018 and leaving at 14.40 the same day and says I was there 3hrs 26mins.

[marleymouse]

Do you know who the parking company is? Have you received anything from them?

The letter says Highview Parking

[ostell]

I can't read that PCN. Need front and back. Save on an external site and post the link on here. Edit so that the driver cannot be inferred. Use "the driver ......" etc.

[marleymouse]

Unfortunately I am not very good at sharing photos etc so I will have to get someone to help me...please bear with me...

[marleymouse]

[marleymouse]

[ostell]

That NTK fails to comply with the requirements of POFA and therefore they cannot transfer liability from the unknown driver to the keeper. With that in mind please edit your posts so that the identity of the driver cannot be inferred. Use "the driver ......." etc. When I get back to my desktop I'll post up an appeal for you.

This was an interesting post in another forum for someone in a similar position

The Appeal:

Dear Sirs,

I have just 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 give notice of keeper liability as prescribed by section 9 (2) (f) 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.

In addition to the above one of the occupants of the vehicle possessed and displayed a Blue Badge and therefore had protected characteristics under the Equalities Act. Failure to make suitable accomodation for those protected characteristics, such as allowing additional time, may be a criminal matter. I enclose a copy of the Blue Badge.

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


They will probably refuse your appeal but give you a POPLA code. When you appeal to POPLA and list all the POFA fails then your appeal should be successful.

[marleymouse]

Brilliant thank you very much xx

[ostell]

Just send the front of the blue badge, not the picture and name. Sending picture etc could be a breach of GDPR

[marleymouse]

That NTK fails to comply with the requirements of POFA and therefore they cannot transfer liability from the unknown driver to the keeper. With that in mind please edit your posts so that the identity of the driver cannot be inferred. Use "the driver ......." etc. When I get back to my desktop I'll post up an appeal for you.
This was an interesting post in another forum for someone in a similar position
The Appeal:
Dear Sirs,
I have just 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 give notice of keeper liability as prescribed by section 9 (2) (f) 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.
In addition to the above one of the occupants of the vehicle possessed and displayed a Blue Badge and therefore had protected characteristics under the Equalities Act. Failure to make suitable accomodation for those protected characteristics, such as allowing additional time, may be a criminal matter. I enclose a copy of the Blue Badge.
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
They will probably refuse your appeal but give you a POPLA code. When you appeal to POPLA and list all the POFA fails then your appeal should be successful.

Hi OSTELL thank you for your help, I sent letter as you advised and received this email response today...
Dear Sir/Madam
Thank you for your correspondence relating to your Parking Charge Notice (PCN).
Further to your representations, we have investigated your claims and can confirm that your Notice has subsequently been cancelled in full and no further action will be taken.
Yours faithfully,
Thank you again x