Bank Windscreen PCN - parked in BB bay without BB- Merry Hill Shopping Centre

[FTMDave]

I think there is something in the government Code of Practice about retrospective evidence of holding a BB.  Very busy at work at the mo but will look into this this evening.

 

Sorry for the lack of reply.  Loads to do this evening and now knackered.  Will look in tomorrow.

 

Found it!

 

https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practice

 

F.3 Appeals

In considering appeals parking operators must recognise the following as mitigating circumstances warranting cancellation of a parking charge, subject to evidence being provided:

 

e) where a Blue Badge has not been displayed but the holder of the Blue Badge supplies a copy of the Blue Badge they hold that would have been valid at the time and in the circumstances identified in the notice of parking charge i.e. that the holder was in the vehicle whether or not as the driver);

 

I'm going to throw an atypical idea into the ring.

 

We say never to appeal.  Why?  Because PPCs never accept appeals.  Plus most people who appeal out themselves as the driver.

 

However, I'm just wondering whether, on this occasion, you should appeal and quote the government CoP at them.  They won't accept it, they won't cancel, but it would put them in an impossible situation further down the line if they ever threatened court.

 

However, as i say, this is an atypical idea.  Hang on for 24 hours and see what the other regulars think.

 

In the meantime please upload the fleecers' invoice and fill in the sticky -

 

 

 

 

 

Edited January 10, 2023 by FTMDave
Typo

[FTMDave]

Scotland!

 

This could well change everything.

 

So your daughter is the registered keeper of the car, so when the fleecers get the keeper's details from the DVLA they will be for a Scottish address.  Is that right?

[FTMDave]

Sorry, at work now,will explain everything late this evening.

[FTMDave]

dx is of course right that it is the location of the private land that is important - in this case in England.

 

I suggest your daughter send the fleecers this:

 

 

Dear Bank Park Management Ltd.,

 

Re: Parking Charge Notice/Notice to Driver no.XXXXX date 31.12.2022

 

I wish to appeal against this invoice.

 

The invoice was issued for "Parking in disabled bay without clearly displaying a valid disabled badge".

 

One of the occupants of the vehicle possesses a valid disabled badge, a photocopy of which I enclose.

 

The government Code of Practice, set up under the Parking (Code of Practice) Act 2019, states in section F.3 Appeals:

 

"In considering appeals parking operators must recognise the following as mitigating circumstances warranting cancellation of a parking charge, subject to evidence being provided:

 

e) where a Blue Badge has not been displayed but the holder of the Blue Badge supplies a copy of the Blue Badge they hold that would have been valid at the time and in the circumstances identified in the notice of parking charge i.e. that the holder was in the vehicle whether or not as the driver)"

 

I would therefore request that you cancel the invoice.

 

Whilst the Code is being legally challenged on (a) the amount of allowed parking charges and (b) the addition of debt collection charges, it is not being challenged on this point or any other point.

 

Yours,

 

XXXXX

 

 

It is important that you, and your daughter. realise that the point of this is not to get the ticket cancelled.  The fleecers won't see sense.  They will reject the appeal.  The point is instead to weaken their case so if later on they start threatening court you have evidence that they were told nigh-on immediately that a BB holder was in the car and they have completely ignored government indications for best practice in the industry.

 

I think the last paragraph addresses the issue of the validity of the CoP.

 

If none of the other regulars object, send it off tomorrow 2nd class (that's all Bank Park are worth) and get a free Certificate of Posting from the post office.

[FTMDave]

If you want to appeal, of course the site will help you all the way.

 

It's just that senior Site Team members, who have worked all their lives in the legal field, are of the opinion that a new judge is unlikely to go against the previous (useless) judge's opinion.

 

I think that you were incredibly unlucky in that (a) the fleecers bothered to turn up to the set aside hearing which hardly ever happens and (b) you hadn't been given any details of what they would be arguing.

[FTMDave]

You're right, although the title is somewhat alarmist.  It hasn't been scrapped,  Near the end they have written, correctly, "The Code of Practice is now pending a review of private parking charges and any additional charges".  So it's only suspended and only two points are being challenged.

 

Did your daughter send the appeal letter?

[FTMDave]

23 minutes ago, TheCat08 said:

FTMDave - Yes, the letter has been sent & proof of posting retained. 

Excellent!

 

Just don't be disheartened when (not if) they reject it.  That will happen.  Charlatans.  Par for the course.

 

You will have it on record that they knew from very early on that a passenger was a genuine BB holder and they also ignored the government CoP.

 

All ammo to humiliate them with six months down the line if they are daft enough to threaten court.

[FTMDave]

Any update?

 

Have the fleecers responded to the appeal?

 

I ask as today we have someone in the same position.

[FTMDave]

Thanks.

 

I've just looked at their stupid trade association's Code of Practice and they have 28 days.

[FTMDave]

But your mate's case escalated so badly because, from the point of view of the court, they ignored court papers (even though we know this wasn't your mate's fault).

 

You'll have plenty of notice of any legal action.  They will almost certainly reject the appeal, then send a reminder letter pretending the amount has increased to £100, after get a powerless third party to send a couple of letters in BIG RED WRITING pretending the sum is now £170, and eventually, maybe, if they have the gonads, send a Letter of Claim.

 

If you read similar threads you'll see examples of the rubbish they send.

[FTMDave]

Has there been any reply from the fleecers?

[FTMDave]

Just asking again if they have replied to the the appeal, as we have someone else in a similar position.

[FTMDave]

Thanks for getting back to us.

 

Excellent news that they have ignored their own appeals procedure.

 

Make damn sure you keep hold of the Certificate of Posting.