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New Generation Parking pcn& subsequent POPLA appeal failure :(

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hi,i hope I am in the right area as I am new here :) .

 

I received a PCN from New Generation Parking in June this year.

 

I appealed to them on the grounds that I only overstayed IN a FREE car park due to my disability

and the amount of pain I was in that day, due to having drive around and around looking for somewhere to park.

 

I suffer with severe sciatica and have great difficulty walking.(I am registered disabled with a blue badge)

 

On the said day the journey and parking had been a nightmare I eventually saw a space and parked in it.

I didn't notice the little sign on the wall 2 shops down :(.

 

the car park is a free car park with so I have found out a max 30 min stay.

 

By the time I had hobbled to the dentist which was a struggle for me,

laid on my side in the car to relieve the sciatica before and after my appointment.I had overstayed.

 

I received the notice within a few days.

 

As I said I appealed to them but unsurprisingly it was turned down.

 

My next move wasnt to clever, I went on the appeal to POPLA without doing any research first!

 

I used mitigating circumstances. doh! :( I only found out later that they don't accept that.

 

Ok so obviously I don't want to pay the fine which is now £100! and my beef is had I been able bodied,

the trip to the dentist I made would have been done and dusted in under half an hour.

 

Due to my disability I took longer partly due to how far away I had to park on that day,

but more so to do with the time spent lying on my side in the car trying to relieve the burning sciatica.

 

I have read somewhere that I can write to the land owners quoting the Equality Act about extended time limits??

 

Firstly is this correct?

can I do that?

 

secondly, how do I go about finding out who actually OWNS the land? (and therefore who to write to)

 

Lastly, what do I write?

Does anyone have any templates?

 

or drafts I could adapt to my circumstances?

 

or could anyone help me out and tell me what I need to quote exactly, and how to word it please?.

 

My overstay was 15 minutes I think.

 

When I received the notice I sat and worked out how long I had spent getting to the appointment,

 

walking and lying on my side etc and it worked out about right.

 

I'm gutted I went ahead and appealed to POPLA without researching it first,

if I had I wouldn't be asking this question now.

 

I only received the appeal decision last week via email, it took them over 2 months to tell me to get lost and to pay the PCN.

 

I find it so hard to work out how these companies are allowed to issue these and receive funds from them,

when essentially they have no right.

 

I signed no contract, didn't even buy a ticket coz it was free! so how have I incurred them losses exactly?

 

Grrr really got my goat this has.

 

To think I could end up in court over a non enforceable bill...

 

.. honestly!

 

In the interim if I receive a threatening letter from New Generation am I just to ignore it?

 

What are these sharks like re going to court?

 

How long does the receiving the summons process take?

 

I apologise for the fifty thousand questions!!!!!!

 

If it is relevant I received this ticket in Wales and I was seen by a camera mounted on a shop front over the road.

 

Thankyou in advance as I'm sure someone will be able to steer me in the right direction :)

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First, it is NOT a fine. It is a speculative invoice that they can NEVER collect on. Should they be stupid enough to issue a court claim, your defence is very very simple.

 

Hang tight and the regulars should be around to give you specific advice :)

 

 

Oh and welcome to CAG :)


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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:-) Thankyou for the welcome and thankyou for your reply!

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I take it that it was your first time at this dentist? You seem to be unaware of parking conditions and problems in the area, especially as you have a deblitating condition and blue badge. I'll find out what debt collectors new gen use....

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no I have been more than once but always managed to find on street parking previously or had a lift and dropped outside the door.the car park would be a 5 minute walk to an able bodied person but was a lot longer than that for me. thankyou re the debt collectors

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Is a DCA chasing you? If so, simply tell them to bog off as there is no debt and you deny any liability to them or anyone affiliated to them.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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not had anyone chase me as of yet. But they will I am sure I am expecting a letter from one next week or at least from NGP first. Only had the Popla decision on 1st October :)

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I would suggest that if the parking co write to you again thet you ask them what protocols they have for making reasonable adjustments

to take your disability into account and also ask for a copy of their policies on discrimination generally.

 

Failure to respond to this can be used against them but is not a reason for a compalint itself but will make them waste time and effort sorting the request out.

 

If they then decdide to chase you for the debt you can use it as part of your defence but dont consider relying on it without other grounds,

which are mostly listed on the forum if you look at other posts.

 

Hopefully NGP will make a commercial decision and stop chasing you when you point out the DDA provisions requirements

as they ahve no vested interest in the land and have other suckers to chase.

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Hi have a look at Equalities act 2010 guidance of your rights volume 2 of 9 I used this with LDK for a so called ticket they never even bothered to give POPLA any evidence and so loss case.

 

dpick

 


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Which dca would do the chasing I wonder.....

 

OOOOOHHHHHH Can I have a guess please

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well no demanding letter yet!

 

had an email from local MP who was chasing NGP his advice was ' ignore they will send dca letters and solicitors but will not take you to court.

 

the equality act is not any use as it is a civil matte and ignore ignore.

 

Does he know what he is on about?

 

apparently Popla should have taken into account the reasonable time adjustment thingy but didn't.

 

I will be off to speak to managers of the shops/bank with a letter and see if one will pass on the complaint for me.

 

The bank i'm told had one written off for a friend but they proved they were in the bank @ the time of the ticket. :)

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NGP have used Roxburghe & GPB in the past.......Sadly for them, that option is now closed

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