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Hi,

I am a blue badge holder and our car was parked in a private retail car park (free for all customers).

 

 

A PCN was posted on the windscreen as being parked in a disabled bay without displaying the badge.

 

AS this topic seems to be a bit of a minefield and having got no further in my decision of how to deal with this

despite reading up on the subject for days,

I was hoping that someone here would be able to help.

 

As I understand it

I need to wait for the NtK before proceeding

but also I have read that I should appeal within the first 14 days.

 

I do intend to appeal so would appreciate some confirmation of when and how to do that.

 

Thanks in advance

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yes bay marking are purely tarmac graffiti.

 

 

await the letter.

 

 

dx


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This is a clash between the provisions of facilities under the Equalities Act and undoubtedly requirements of the planning permission

and the contract you enter into by parking.

 

 

Fortunately the EA holds sway so there is no real prospect of a parking co ever winning a calim in court

but unfortunately yiou are stuck waititng for things to creak into action.

 

 

As it was a ticket on the screen the advice to wait for the NTK is the best thing

as they parking co may not bother and if it does send out that notice it will have cost the company money to do so

and started the next stage of the procedures to claim keeper liability.

 

 

The notice must contain certain information and often they parking cos get that wrong due to laziness or ignorance

(I prefer the former as undoubtedly many people pay up and they never admit they get it wrong when proven they are).

 

 

This must arrive between 29 and 56 days ater the date of the event

 

 

when you get it you appeal as the keeper as that is how you are addressed.

Tell us when you do get this and we will advise what to do and say next.

 

The advice about appealing within 14 days is well meant but flawed because ultimately you arent going to apy at the discounted rate

when you are not culpable and the IPC/IAS,

 

 

who seem to have a fixation about this dont have a better scheme than the law

so can only look silly when they try and invoke this as a reason for dismissing appeals.

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Thank you both. I will let you know when we get the letter

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Hi,

Well the 56 days was up on 17 Jan and no letter yet. Do you think that this is closed now?

Thanks

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Usual UKCPS behaviour, they often go quiet when challenged as it saves them money so they are probably saving money by not even bothering sending out a NTK.

However, they may well sell on your details to a DCA if they obtained them from the DVLA but often they rely on you just paying up rather than making a fuss.

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This means that the PPC is out of time under POFA to hold the registered keeper (RK) liable. When you do receive the notice to keeper (NTK) you need to respond and state that the NTK is out of time according to POFA and there is no RK liability. Keep it simple and don't elaborate, never reveal you know who the driver was.

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As EB says, if they try to employ a powerless DCA to send you nasty letters do not be concerned, the only response a DCA should ever receive is 'any alleged debt is denied, refer back to your client' Never speak to a DCA, everything in writing only. Once you have told them that, any effort to doorstep you or call you on the phone should be reported to the FOC

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