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Park Direct UK left a 'ticket' for driver displaying blue badge ** APPEAL WON AT POPLA **


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Park Direct UK

I am disabled and drive Motability supplied car. I live about 100 miles away from London. Due to family bereavement I had vested London and parked with a valid blue badge clearly displayed in a South London street. I know that the limit of my stay was 3 hours however I returned to my car within 30 minutes. When I tried to drive off I noticed something fluttered off the windscreen. As I am disabled my wife who was accompanied me got out of the car and found that a parking ticket was on the road. The ticket was not even stuck on the windscreen. The ticket says ‘observed time: 14.32 to 14.43’

The ticket only has barely readable fonts on the top half whilst the bottom half has such smaller fonts which can only be read with an aid of magnifying glasses.

I have written and appealed to them by recorded delivery to their Uxbridge address explaining the same on 02.12.15 and as of today’s post 07.12.15 I have yet to receive their reply.

What I need to know is can they legally issue a ticket on a public road to a Motability issued disabled person’s car?

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Name the exact location and if it is a public highway then they cannot claim a bean.

In future try doing a bit of searching before contacting these companies as that way you make it harder for them to go about their business and you will be better advised as to how to respond. You have now identified the driver and given them a service address. This has saved them money and time and they no longer have to worry about the bulk of the PoFA. However, having said that no real damage done in this instance and the chances are they wont be chasing you. If you do get a relpy come here and tell us exactly what your appeal said and what their response was and we will advise what to do next. That advice may well say do nothing

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Exact location was Headlam Rd, Clapham South London.

I've since found out that it is in Lambeth area. I don't know if I've done the right thing by sending an email to Lambeth council as well quoting my disabled badge no and issuing authority. I suppose one live's and learn in life.

Thanks for your kind help

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Writing to lambeth will have no bearing whatsoever if they didnt issue the ticket but wont do any harm either as they most likely have an input to the employment of PDL.

I lived in Clapham many years ago and know the road and it is a road turning into an estate so the council may have employed a parking co to patrol the estate but the road itself is a public highway so if you were parked in a place that is covered by the Road Traffic Act then the BB scheme applies.

Park Direct are members of the BPA so you would win an appeal to them as they at least recognise the laws they work under, unlike the IPC who seem to apply case law that was superceded 40 years ago just to knock you back.

Now, just wait and see what you get through the post and let us know when you get something so we can suggest a form of words to see them off at the next stage.

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Many thanks for your reply.

My brother-in-law's funeral is on Thursday so we again will be coming down and staying on Headlam Road from tomorrow. I do hope I don't have any more problems.

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Whilst back at Headlam Rd, check to see if there are any parking restrictions/signage and if there are, take a photograph in case you need to rely on it at a later date. i think i would also be inclined to take pictures of exactly where you parked previously and where you will be parking when you next visit. it certainly cant harm to have visual evidence should you need it.

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Many thanks for your quick response. We hope to leave Leicester in the afternoon and hope to arrive in South London at early evening. I'll try to remember that but as the bereaved family are living in West Norwood I'll be running around between Clapham and Norwood I may not get time to photograph during daylight hours.There is a disabled bay on Headlam Rd but it's always occupied.

Edited by cobraint
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If you go to Google Street View for Headlam Road, on the wall of the building is a sign that says there will be parking charges issued

 

I'd put the link up but my post count is too low. Someone may find it for you.

 

Park Direct appear to be used here as it is Council Housing rather than Council Highway.

 

You'd be best not to park there again unless you understand the terms. With regards to the other ticket you should appeal this to Park Direct. You can send a pic of the sign high up on the wall as there is no way anyone can read the terms and agree to them.

 

They will disagree but you should win at POPLA

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The case of Dawood v Camden means that this counts as a public highway even if it wasnt. The road markings clearly indicate that it is regardless of the signage on nearby walls. A double blow to the parking co. when it comes to it. I also like it that a council will be clobbered by the same appeal court ruling gained over someone else and his land by a greedy council.

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Many thanks ericsbrother for unearthing this gem I've also received a reply from Lambeth Council, asking me for the PC number. They don't elaborate what is all about so am keeping my fingers crossed. I've told them that I should be driving down to London tomorrow for Thursday's funeral and I won't have access to my PC.

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good, they own the land and a nudge will remind them they are responsible for the stupidity of their operatives. Another one Lambeth didnt like years ago was being asked to prove their employees ahd the right to work in the UK, 33 of their traffic wardens were dismissed or did a runner as they didnt have work permits and all of the tickets they ever issued had to be cancelled. That wouldnt necessarily apply in this case but it would be a sore point for them and it will be in the contract that PDL should have made sure that they can prove this eligibility so if they say they cant be bothered to intervene you could enquire as an FOI for evidence that the contract they signed with PDL had this stipulation in it.

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Thank you all for your kind help. Sorry I have not replied sooner as was awaiting replies from Lambeth Council as well as from Park Direct. So far I haven't heard anything from Lambeth council but have received a letter today 16.12.15 (letter dated 11.12.15) from Park Direct I don't know how to attach Park Direct's letter so if anyone is kind enough to inform a novice on this thread, then please do so. They've now attached photos of my car complete with 2 photos showing Disabled badge showing.

I am unable to copy/paste their letter as my post count is below 10

 

You really have nothing to worry about on this one, as you can see there are a miriad of reasons as to why their claim is rubbish

 

Can you help ericsbrother?

 

~ Mr xxxxxxxx

 

11 December 2015 Re: Parking Charge Notice Number 97093 (Vehicle: xxxxxxx) Site: Bruce House, SW4 8L T Issue date: 01/12/2015

Thank you for your appeal received on 07/12/2015 regarding the above detailed Parking Charge Notice. We have reviewed the case and considered the comments that you have made. This appeal has also been considered in conjunction with the evidence gathered by the parking attendant. Our records show that this notice was correctly issued as your vehicle was parked in a way which breaches the Terms and Conditions of Parking.

 

This PCN was issued because the vehicle was found to be parked in a parking area without a valid permit on display. There are numerous signs throughout the site including the sign in close proximity of the vehicle to ensure an the motorists are fu!ly aware of the restriction in force. Whilst we understand that you had disabled badge on display we must advice you that displaying a disabled badge not sufficient, a valid permit needs to be displayed in order for your vehicle to be authorised to park within that area. Whilst we sympathies with your circumstances, we must bring inform you that your vehicle was in breach of our parking restriction. As no parking permit was displayed, your vehicle was parked in breach of the terms of parking as set out on the warning signs. In event of any uncertainty while parking, you should always contacted us on our 24-hrs available customer service number, for us to guide you. We must remind you that it is the driver's duty to ensure that they observe and adhere to the parking restrictions in force when parking in private area and would advise that you do so in the future so as to prevent any further PCN's being issued. Regrettably we can only cancel a peN if it was issued incorrectly or if the contravention did not occur and are unable to do so based on the grounds of your appeal.

 

Unfortunately on this occasion, we are forced to uphold the PCN as it was issued correctly. We have now extended the discounted payment period by 14 days to allow you time to pay the discounted settlement amount. Please now make payment of £60 to reach us by 25/12/2015 or £100 to reach us by 08/01/2016. We must advise you that once the discounted settlement rate passes it will not be offered again.

 

You now have a number of options;

 

1.Pay the parking charge notice. Payment can be made online at www.parkdirectuk.com or by calling the automated payment line on 0845 026 7158

 

2.You may also make an appeal to POPLA - the independent appeals service on the following website www.popla.org.uk quoting verification no 5363455008 within 28 days from the date of this letter. If you opt for independent arbitration of your case, you will lose the opportunity to pay the lower amount and £100.00 will be payable in the event your appeal is rejected. Please note that the POPLA is unable to waive a parking charge notice due to mitigating circumstances and a decision will be based solely on the facts and evidence. A list of their accepted appeal reasons are as follows:

 

The vehicle was not improperly parked.

 

The parking charge exceeded the appropriate amount.

 

 

The vehicle was stolen.

 

I am not liable for the parking charge

 

Please note that if you opt for the POPLA appeals process, all evidence collected relating to this case will be submitted to POPLA.

 

By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org/) provides an alternative dispute resolution service that would be competent to deal with your appeal.

However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above.'

Yours sincerely,

Appeals Department

Park Direct UK Ltd

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Do you have photos of the signage as advised?

 

As you appealed the NTD then the POFA won't come in to play unfortunately .

 

The response from park direct indicates that as you had no permit, then you were not authorized to park there. This means that you cannot have entered into any contract.

You can only be treated as a trespasser. ..

 

The signage is crucial.

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Please post up a draft of your POPLA appeal. You need word the appeal with the correct terminology to win.

Mitigation will not work.

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I' was just going to send (but not posted) this: Disabled parking badge no: xxxxxxxx - Expiry date 13/09/2016

Issued by: xxxxxxx

 

I am disabled and drive a MOTABILITY issued car. I live in xxxxxxwhich is about 100 miles away from London.

My brother-in-law of xxxx Road, xxxxx unfortunately passed away late on Sunday 29.11.15.

 

As per our custom we have 13 days of mourning. During one of the prayer meetings held at Streatham Darby and Joan Club, Leigham Court Road, Streatham on Thursday 03.12.15 the Mayor of Lambeth as well as one of the Lambeth councillors had also attended and paid their respects.

 

My wife and I had visited London and had stayed with another brother-in-law's flat on Headlam Road, Clapham. I had parked with a valid blue badge issued by xxxxxx, clearly displayed on Headlam Road. There was one disability bay which was occupied so I parked in another bay in the same street. I know that the limit for disabled badge is 3 hours however I had stayed for less then 30 minutes and even the ticket issued says ‘observed time: 14.32 to 14.43’ – that’s 11 minutes

 

When I tried to drive off I noticed something fluttered off the windscreen. As I am disabled my wife who was accompanied me got out of the car and found that a parking ticket was on the road. The ticket was not even stuck on the windscreen but was loose on the dashboard. The ticket only has barely readable fonts on the top half whilst the bottom half has such smaller fonts which can only be read with an aid of magnifying glasses.

 

I have written and appealed to your parking issuing agents Park Direct UK by recorded delivery to their Uxbridge address explaining the same on 02.12.15.I gave them 7 days to reply.

Today 16.12.15 I've received the following letter dated 11.12.15 (un postmarked) together with a photo of my car with 2 photos clearly visible with my blue badge.

****************************

Any help will most welcome

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Do not send that. You will lose,as already stated mitigation will not work.

 

Legal points are needed to win at POPLA, such as inadequate signage and no authority to issue tickets.

 

Please read some recent POPLA wins in the sticky.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?405805-PPC-Successes-(No-Questions-please)/page8

 

I'll be back later, things to do!

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Standard letter that does not change anything. If the parking co's actually considered any of the appeals then they would go broke as they ahve little to support theri claims. Dont forget, the parking co has to prove its case and that is very weak indeed. the law is on your side so dont mention any of the bits you have indicated other than the possession of a blue badge if relevant. POPLA are obliged to consider Dawood v Camden and if they dont then they are committing a criminal offence (that is not to say they agree with it being applicable but they better have a jolly good reason for it not to be as it applies to your driveway at home as well as land adjacent to a public road).

Also you can submit an appeal for any reason you wish as the list used is not exhaustive. I prefer applications in writing as it give you more room for maneouvre where the tck boxes in the online appeal limit your choice.

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Is it possible you can draft me a letter?Ive to visit my son in Sheffeild tomorrow and I would appreciate your help please.

Many thanks in advance

 

Hello there.

 

From the advice that you've received, do you feel able to start off your own letter? That way the forum guys can check it for you and make suggestions about how to refine it.

 

HB

Illegitimi non carborundum

 

 

 

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You are appealing on the grounds that the parking company had no authority to claim anything from you as the road is a public highway by prescription or extended use and subject to the 1988 Road Traffic Act. any parking bays would be also covered by the RTA under either the prescription or the decision of the Court of Appeal in Dawood v Camden (2009) as they are maintained at the public's expense and there is no boundary between the two. Therefore Park direct have no standing in this matter and cannot offer a contract to the motorists visiting that road. It then follows that there cannot be a breach of contract either.

 

No need to go into how or why your car was there, blue badges etc, keep it simple and they will be forced to send you copies of the parking co's paperwork anyway so you will havethe opportunity to rebut what they say before a decision is made. Many parking co's give up at this point as they dont like the added expense of carrying on and losing on a contractual point as they then lose any chance of keeping quiet the fact they arent allowed to collect money from people who have parked there and risk a group claim.

Edited by honeybee13
Paras.
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