Euro car parks and Blue Badge

[obiter dictum]

A very good friend of mine has just received a parking charge through the post asking for £70.00 using the car park facility without a valid ticket.

 

She is a blue badge holder and parked in a designated disabled spot.

 

All they have given is the penalty notice, no photograps, nothing, what is the best way to attack this with their own appeals procedure first??

 

I have emailed them asking for a copy of their terms and conditions but are being very evasive

[Old Cogger]

disabled spot in a paid car park = you pay as well - I have to???? is there a special car park non paying for disabled??? wish we had one here.

[obiter dictum]

Just got this off the terms and conditions. I know a blue badge has no authority as such on private land but these priivate car parking companies are real **** bags

 

If you are registered disabled and you wish to have concessionary parking – you have to apply to Kent County Parks and purchase an annual permit and log your vehicle registration mark – this allows parking at all the KCP

 

In short all drivers have to pay and display when using the parking facilities at the Kent County Parks

[silverfox1961]

Let's get this straight. You are saying this is a private car park yet you are quoting council regulations??

 

I'm confused

[obiter dictum]

The above is from the Euro car parks own customer service and on the sign at the venue which Euro car parks have just sent me

 

I have the photo but it excedes my limit and i cannot delete past uploads in the go advanced option

[obiter dictum]

Can anyone give ene a quick tutorial on how to delete past uploads stored in the upload manager through the go advance option. Seems i have reached my limit and can no longer post uploaded new pictures etc

[ericsbrother]

Some councils outsource parking at amenties, Milton Keynes does this at its big lake.

This means that there is room for argument as often the signage is inadequate and the parking co has no call upon the Road Traffic Act or any bylaw to look after its interests if they get it even slightly wrong.

 

So, when was the date of the event,

how was the driver/keeper notified that they were being chased for a charge,

what evidence is offered that such a charge arose from a breach of some condition displayed and brought to the attenton of the driver etc.

 

If appears as though they have used a database of registered vehicles that is held by the council.

this leads to questions about the use of this database and the rights of those on it and those not on it to have their data processed by people they have no agreement with.

 

 

Now, if you sign up for some scheme the terms should be made clear at the time but what about those who havent signed up,

how does the permission to search across databases and differetn entities then be expressly made?

 

 

So, information needed to compose a suitable response

(please dont let her contact anyone over this until we know what is what as that may remove her legal protections).

 

Apart from date of event,

date of receipt of NTK

(or ticket on screen and later letter if applicable),

 

 

ideally scan of the NTK as it sounds as though they havent offered the ANPR data they are obliged to show on the NTK and sight of the signage at the park if possible but the name of the park and its location if more than one car park/entrance.

[ericsbrother]

You could write it all out longhand if the terms are brief.

If they are very long winded they will fail to create a contract anyway for being illegible or confusing.

 

they should mention the charges expected to be paid and what constitues the terms of use and what happens if you breach those conditions.

 

 

If they dont say you have to pay £70 for parking in a disabled space without pre-registering and paying a prescribed fee then they cant claim a breach of contract.

[obiter dictum]

They do say it on the sign, if only i can upload this sign onto this thread all will become clear

[ericsbrother]

There is then a good chance that the signage creates a prohibition and that isnt a breach of contract as you cannot agree beforehand to disobey another agreement with someone. (make sense?)

[dx100uk]

surely this is NOT a PENALTY CHARGE NOTICE?

can you check please?

[obiter dictum]

Me thinks i should have been a bit more clear. I referred to it as a penalty charge when it should be parking charge notice

 

My mistake, sorry for the confusion

Click on the image and you will get full size

pmmm.pdf

[dx100uk]

i'll go rectify the penalty mistake

 

na think we need to see the small print

can that be read your end on the photo you have?

 

 

if not a better photo will be needed me thinks

[dx100uk]

thread tidied

[ericsbrother]

Ok the wording of the discretionary scheme makes that part an invitation to treat and not a contract.

 

 

Now, would it be clearly understood that parking in a disabled space without participating in this scheme is a breach?

is there a natural flow in the construction of the contract offered that makes it clear?

There is no monitoring of the disabled parking per se,

just the ANPR in/out that is tied to the ticket machine data.

 

so, down to interpretation of sign

but seeing the NTK will tell us a great deal more about the keeper liability or lack of it.

 

 

Blue badge is really a bit of a red herring in this case as you are unlikey to get much sympathy as it states what the prescribed fee is

 

 

so we need to know what breach is supposed to have occurred and whether the wording and timing of the NTK is compliant with the PoFA

[Oddfellow]

Meanwhile, as it looks like no-one has mentioned it thus far, DO NOT be tempted to contact them, either to appeal the charge or whatever other reason, as this may inadvertently provide them with information as to who the driver was, and will negate any defence you may have under PoFA.