Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: jedi on October 21, 2024, 06:07:19 pm

Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: DWMB2 on December 04, 2024, 04:29:04 pm
We operate a 'one case, one thread' rule on the forum to avoid confusion. If you would like help with that charge, please start a new thread.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: jedi on December 04, 2024, 04:24:52 pm
Hi just a quick one, the driver of vehicle has received another PCN from the same company at a different location >:( , This time for not paying the correct parking fee. They parked in disabled bay, but didn't realise they still had to pay..If as registered keeper of vehicle I transfer liability to the driver, does the 14/28 days to pay still apply yo them.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: b789 on November 09, 2024, 02:06:30 pm
You would never get a court summons. This is not a criminal matter. You may receive a debt claim in the county court, which is a totally different matter. It is a simple contractual dispute.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: jedi on November 08, 2024, 05:47:00 pm
I will try and get the driver to contact the shopping centre manager again, in person, As I have had no response from them via email, not even a receipt of email....Other than that my options are to try the isa, ( which you say is pointless) or wait until I get a court summons? And will have a good defence, to beat this.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: b789 on November 08, 2024, 10:47:07 am
You already knew that Ocean would reject any appeal. Personally, I wouldn't bother wasting time or effort with an IAS appeal but others here will disagree. It is up to you.

Have you tried following up with the shopping centre management? If that doesn't work, the only way this will be resolved is in the ultimate dispute resolution service, the small claims track of the county court. You would have plenty of defences, including discrimination under the Equality Act.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: jedi on November 08, 2024, 10:25:26 am
OK so Ocean Parking, have reject my appeal? So what happens next? Do I appeal to the I.A.S?
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: jedi on October 27, 2024, 09:25:53 am
So if like you say, Ocena Parking will reject the appeal straight away, are we waiting for the POPLAR code so that we can appeal with them, and stand a better chance with the Equality act 2010 route.

I could ask the driver to scan any reciepts, if they still have them, I surpose? I will ask them today.  There are 3 entries on bank statments from the 7th Oct 2024 at this shopping centre , and 1 one on the date in question 10th Oct 2024, I could use these also could I not?

The driver was most definatly at this shopping centre on the day in question, and it would take them a longer time getting around the shops etc, especially with the market being on this day too, which they regulary frequent. They would not use the shopping centre car park for any other use than to use their facilities.

Ive already sent this to the Centre Manager, but no reply as yet, and a reply does not look forth coming.

"Dear Centre Manager,

As the registered keeper of vehicle XXXXXX, I am writing to formally request the cancellation of Parking Charge Notice XXXXXX issued by your agent, Ocean Parking, at xxxxx Shopping Centre on 16/10/2024. The driver in this case is elderly, disabled, and holds a blue badge. They were issued the PCN for exceeding the maximum stay by 22 minutes. There were no Disabled parking bay available, so had to park in a normal bay further away from the shops, etc. also due to the market being on this day, this also added to the time they could get around in.

They use the free parking you provide for the sole use of using the shops, facilities etc. which they frequent 3 to 4 times per week. Under the Equality Act 2010, businesses such as Harpurhey Shopping Centre have a legal duty to ensure that reasonable adjustments are made for individuals with disabilities. This includes allowing additional time for tasks such as parking. Failing to provide such adjustments, as demonstrated by the issuing of this PCN, constitutes indirect discrimination under the Act.

As the management of Harpurhey Shopping Centre, you are jointly and severally liable for the actions of your agent, Ocean Parking. Therefore, I respectfully request that you instruct Ocean Parking to cancel this PCN immediately and ensure that no further action is taken.

Please confirm the cancellation of the PCN in writing at your earliest convenience. Failing to address this matter may result in further action being taken under the Equality Act for failure to make reasonable adjustments for a disabled person.

I attached copies of the blue badges in this email.

Yours sincerely,
RK

Email: @RK

"
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: H C Andersen on October 26, 2024, 03:40:11 pm
Ocean would reject any appeal, it's an auto response.

IMO, the question is what doubt you would cast in their mind about whether and with what vigour to pursue the issue.

That the driver hasn't given you an unequivocal reassurance that they were a customer and made purchases which together would give you confidence in putting pressure on the centre management should cast doubt in your mind, surely?

If you're left to fight this on your own without any evidence from the driver then you don't have much choice other than to pursue b789's suggestion.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: b789 on October 26, 2024, 02:59:52 pm
Ocean re going to reject any appeal so don't waste too much effort on them. Use the appeal I proposed a few posts back.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: jedi on October 26, 2024, 02:55:20 pm
Thank you for the clarification. I have spoken to the driver again, they now seem quite confident that it may well have been just an overstay, as the shopping centre hold a Thursday market on that day.( adding to the time spent at said centre). The driver does frequent this shopping centre 3-4 times a week for differnt things.

So can someone show me a compatiable template letter, to appeal to Ocean Parking on the grounds of the Disability act 2010.

Thanks.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: DWMB2 on October 26, 2024, 11:53:26 am
Unless indicated otherwise it is days, not working days.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: jedi on October 26, 2024, 11:43:05 am
Was just wondering wether it was working days?? Plus if I have to now find reciepts etc, get them all scanned, then sent over to me, this is all going to take extra time, plus the school holidays have started, this will no doubt have an impact on who is available to do such tasks.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: b789 on October 26, 2024, 09:45:31 am
Why are you considering the 14 days for the "mugs discount"?

On the NtK is says 14 days from the date of issue. The issue date is 16th October so if you're considering paying the mugs discount, it expires 30th October.

The 28 days to appeal is from the day after the NtK is "given". It is deemed given on the second working day after the date of issue. So, the NtK was given on Friday 18th October and the 28 days is until Friday 15th November.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: jedi on October 26, 2024, 09:35:38 am
Does the 14/28 day period include weekends? Or is this working days form date of issue?
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: DWMB2 on October 25, 2024, 10:57:01 pm
If something convinces the shopping centre to get the charge cancelled, then it would be worthwhile doing.

As for any debate about the definition of 'customer' and how it could be interpreted, I'm reminded of section 69 of the Consumer Rights Act (https://www.legislation.gov.uk/ukpga/2015/15/section/69#:~:text=69Contract%20terms%20that%20may%20have%20different%20meanings&text=(1)If%20a%20term%20in,the%20consumer%20is%20to%20prevail.):

If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: H C Andersen on October 25, 2024, 04:47:10 pm
OP, you make your own choice.

You posted: But then again the driver did not bring the PCN letter to Centre manager, so how would they know whats what.

I suggest that the answer is simple. 

If the evidence (receipts) exists, then present it because it shows that the driver was a bona fide user of the car park. Even better receipts from previous occasions as well.

Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: b789 on October 25, 2024, 04:30:54 pm
The signs say clearly 'Customer Only Car Park' and elaborates with 'You must remain on site at all times your vehicle remains in this car park'.

So perhaps having receipts for the visit(s) isn't so ridiculous.

What has that got to do with the price of eggs in China? The PCN is nothing to do with whether the driver was a customer or not.

The term "Customer Parking Only" is ambiguous, and its interpretation will vary depending on the context and the intentions of Haruphey Shopping Centre or Ocean parking. Simply visiting the shopping centre, whether for window shopping, meeting someone, or buying coffee, should qualify someone as a "customer" because they are utilising the facilities provided by the shopping centre. Even if no purchase is made, the visitor is still engaging with the premises, which could reasonably be argued to meet the "customer" requirement.

However, if some operators or shopping centres want to adopt a stricter interpretation, expecting visitors to be actual paying customers of one of the outlets, this should be enforced through terms on parking signage or receipts required to validate free or permitted parking.

If no specific definitions are provided by the signage (such as requiring proof of purchase or validation), a broad interpretation like window shopping or meeting someone for coffee would suffice. As the parking is enforced/managed by Ocean Parking, they need to be explicit if they intend to limit "customer" to paying customers only. Without that clarity, you could argue that any visitor is a customer under common-sense use of the term.

It would get even more ridiculous if, let's say, the driver remained in the vehicle but a passenger sent into the shopping centre. Would the driver have breached the terms of the contract?

Any appeal against a PCN on these grounds, it would be useful to emphasise that the signage was unclear and that the driver was indeed utilising the shopping centre's services, even if it was not through a direct purchase.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: H C Andersen on October 25, 2024, 03:41:17 pm
The signs say clearly 'Customer Only Car Park' and elaborates with 'You must remain on site at all times your vehicle remains in this car park'.

So perhaps having receipts for the visit(s) isn't so ridiculous.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: b789 on October 25, 2024, 02:25:42 pm
Why on earth would the driver have to have "receipts" for each visit? Do you not think that it is beyond the realm of possibility that no purchases were made or that only a purchase was made on one of multiple visits?

It is irrelevant. There is no obligation on anyone to make a purchase when out visiting a shopping centre. What a ridiculous line of thought.

In this case, the driver either overstayed by 22 minutes but should be allowed extra time in order not to discriminate or else the PPC haven't done their job and there are some orphan ANPR images floating around.

The Harpurhey management are pathetic if they are simply trying to fob off the request. They should be reminded that they are jointly and severally liable for the actions of their agent if this leads to a claim for discrimination.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: H C Andersen on October 25, 2024, 02:07:28 pm
OP, you posted:

I dont know what happened, I'm just going off what the driver told me. Driver could have been shopping, drove home as only 10 mins away, realised wrong item bought returned to said shopping centre for refund, went home again...

..in which case they would have a minimum of two receipts from shops and corresponding payments against their debit/credit card(s), in other words they should have proof if they were there as a customer at all.

If they we'ren't a customer, then it's not a 22 min. overstay, it's more like just over 4 hours.

I wouldn't give up on the centre management if they have proof of significant spends - which a stay of over 4 hours implies- then produce it.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: b789 on October 25, 2024, 10:21:54 am
For an appeal to Ocean, this bit does not make sense:

Quote
I kindly ask that you intervene and request Ocean Parking to cancel this PCN immediately. The situation has caused unnecessary distress, particularly to an elderly, disabled shopper, and I am confident that Harpurhey Shopping Centre values its customers and will ensure that this unjust charge is rescinded.

Here is a suggested appeal that takes into account the possibility of a double-dip and notification of the blue badge status of the driver:

Quote
Formal Appeal - Notice to Keeper [PCN Reference Number]

Dear Ocean Parking,

I am writing to formally appeal the Parking Charge Notice (PCN) referenced above as the registered keeper of the vehicle. I was not the driver at the time in question, and I have no legal obligation to identify the driver, as per the Protection of Freedoms Act 2012.

The driver on the day is an elderly disabled person who holds a blue badge, a copy of which is (Attachment) . They live only a few minutes from Harpurhey Shopping Centre and cannot accurately recall whether they stayed at the location for the alleged duration or left and returned later, raising the possibility of a 'double dip' error where two separate visits have been combined by your ANPR system.

Furthermore, as your system relies on entry/exit ANPR, please note that the evidence of the driver's blue badge now confirms you are aware of their disability. Under the Equality Act 2010, reasonable adjustments must be made for disabled individuals, including allowing additional time. Therefore, any decision to pursue this PCN despite this knowledge would constitute discrimination against a person with a disability.

In light of these factors, I request that you cancel this PCN immediately. If this request is denied, I expect a full investigation into the possibility of a 'double dip' error and request that you provide all evidence, including checks for unassigned ANPR orphan-images of any additional exits or entries.

Should you choose to pursue this charge, I will escalate the matter to the appropriate authorities and submit a formal complaint to the DVLA, raising concerns about the reasonable cause for requesting the keeper's data without sufficient grounds.

I look forward to your confirmation that the PCN has been cancelled.

Yours faithfully,

[Your Full Name]
Registered Keeper
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: jedi on October 25, 2024, 08:35:09 am
This is what I propose to send to Ocean Parking appeals

"Ocean Parking


Dear Sir/Madam,

Re: Request for Cancellation of Parking Charge Notice Issued by Ocean Parking

I am writing in relation to a Parking Charge Notice (PCN) issued by Ocean Parking to my vehicle, registration number XXXXXX, for allegedly overstaying the parking limit by 22 minutes at Harpurhey Shopping Centre. The PCN reference number is XXXXXXXXX, issued on 16/10/2024.

The driver of the vehicle, an elderly Blue Badge holder ,and lives locally,  The driver’s disability requires more time to move around the shopping centre, and under the Equality Act 2010, Ocean Parking is obligated to make reasonable adjustments to allow for this. Therefore, the PCN is discriminatory towards a disabled person who needs more time to shop and get around.

I kindly ask that you intervene and request Ocean Parking to cancel this PCN immediately. The situation has caused unnecessary distress, particularly to an elderly, disabled shopper, and I am confident that Harpurhey Shopping Centre values its customers and will ensure that this unjust charge is rescinded.

Please let me know if any further information is required to resolve this matter. I appreciate your understanding and swift action in requesting the cancellation of the PCN.

Yours faithfully,

X
"


and the above from b789 for harpurhey customer services, but mentioning the meeting the driver had with said customer service manager from shopping centre, reminding them what was said i.e. "any problems don`t hesitate to contact me"...I will be send it straight to them if I have the email address.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: DWMB2 on October 24, 2024, 05:21:16 pm
If you are also drafting an appeal to Ocean, show us before submitting anything. Any such appeal should focus solely on the matter at hand, don't bother making mention of any conversations with the centre management etc.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: b789 on October 24, 2024, 05:18:39 pm
That is to the Centre management. Don't imagine for a moment that Ocean, or any other PPC for that matter, have some sort of customer care ethos. They are all ex-clamper thugs who now operate one of the biggest scams that legislation in this country allows.

Their only interest is how much they can fleece motorists for.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: jedi on October 24, 2024, 05:02:12 pm
So this is being sent to Centre manager? And NOT ocean parking? Im just wondering if the driver had brought the PCN with them, the centre manager could have delt with it there and then.?
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: b789 on October 24, 2024, 04:32:51 pm
It's a fob off. If the centre contracted Ocean to manage the parking then they can tell them to cancel. You should ask the manage who is the monkey and who is the organ grinder in their contractual relationship with Ocean Parking.

Perhaps the following to the Harpurhey management:

Quote
Request for Cancellation of Parking Charge Notice Due to Discrimination Under the Equality Act

Dear [Shopping Centre Management],

I am writing to formally request the cancellation of Parking Charge Notice [PCN Number] issued by your agent, Ocean Parking, at Harpurhey Shopping Centre on [Date]. The driver in this case is elderly, disabled, and holds a blue badge. They were issued the PCN for exceeding the maximum stay by 22 minutes.

Under the Equality Act 2010, businesses such as Harpurhey Shopping Centre have a legal duty to ensure that reasonable adjustments are made for individuals with disabilities. This includes allowing additional time for tasks such as parking. Failing to provide such adjustments, as demonstrated by the issuing of this PCN, constitutes indirect discrimination under the Act.

As the management of Harpurhey Shopping Centre, you are jointly and severally liable for the actions of your agent, Ocean Parking. Therefore, I respectfully request that you instruct Ocean Parking to cancel this PCN immediately and ensure that no further action is taken.

Please confirm the cancellation of the PCN in writing at your earliest convenience. Failing to address this matter may result in further action being taken under the Equality Act for failure to make reasonable adjustments for a disabled person.

Yours sincerely,
[Your Name]
[Your Contact Information]
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: jedi on October 24, 2024, 03:27:55 pm
A bit of an update, better quality photos of signage seems to be a no go, I can`t ask the driver to keep going back there :-\  they tried but quality still bad.( Technology not their strong point). But on the other hand they did find the Centre manager and office etc... The Centre manager said they would have to appeal through the Ocean Parking website stating what had happened etc.  the Centre manager printed off the contact details of where to send the emails etc, and said that if there where any problems to contact them, Them gave the driver a bussiness card with details of Centre manager.

So is this just a fob off from centre manager?? or should I mention there name in the appeal letter to Ocean Parking, stating if they have and questions to contact centre manager directly. Centre manager said to send photos of BB also.

Seems they can`t or won`t cancel by them selves. But then again the driver did not bring the PCN letter to Centre manager, so how would they know whats what. ::)

So do I appeal stating whats has happened plus meeeting with centre manager?
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: jedi on October 23, 2024, 03:06:13 pm
I'll see what I can do, maybe an emailed photo instead of through a messaging app will result in a better quality photo? Apparently there were no Disabled Parking bays available so driver had to park elsewhere in a normal spot, still displaying BB, the car park is free to park anywhere upto 4hrs.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: b789 on October 23, 2024, 02:28:03 pm
We could do with seeing the actual signs near the spot where the vehicle was parked. If it was a disabled bay, the signs are particularly important and must be readable by someone from within the vehicle whilst parked.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: jedi on October 23, 2024, 02:21:21 pm
Signage as promised

(https://i.ibb.co/fv1B0Yj/Messenger-creation-7551-F449-A557-49-DF-9633-1-AF7-C1-FA364-F.jpg)

Still waiting for a reply from the info@..... email address as to who the centre manager is plus contact details.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: b789 on October 23, 2024, 11:54:40 am
It's already in your name as the RK.If/when the time comes, you are in a stronger position than the driver anyway. The NtK purports to be PoFA compliant but there are technical errors that can be argued if it ever went to a hearing. They are not arguments that can be used in any appeal as (Anchor Security Ltd t/a) Ocean are not interested.

So, nothing you need to do for now except try and get the PCN cancelled through Plan A, which is to get the Harpurhey Shopping Centre to get it cancelled. An appeal to Ocean which will be rejected and not even bothering with the IAS unless you want to waste time and effort.

The most likely way this will concluded will be if/when a claim is made against you as the Keeper and you will be able to easily defend it. The most likely outcome will be a discontinuation.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: jedi on October 23, 2024, 11:25:48 am
I as RK would be better positioned to deal with this, only problem is I am away with work commitments. So I have to go though 3rd parties to get the information needed relayed back to me. So there will be delays.Also how do I know if the NTK is PoFA compliant.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: b789 on October 23, 2024, 12:17:46 am
If you feel you are better positioned to handle this, then there is no need do anything. As the Keeper, if the NtK is PoFA compliant, liability will transfer from the driver to you anyway.

If the driver is happy to deal with it, you can name the driver and they will issue a PCN to the driver so that they can appeal in their own name.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: jedi on October 22, 2024, 11:23:04 pm
 Thank you for the replys.
 I will try and get some signage photos ASAP. There are actually 3x entry/exit roads leading into this shopping center, and can be used in any combination.  In the meantime while I gather photos/try and contact
centre manager etc. Will transferring liability grant me more time to Apeal? And to make more work for them of course  ;D
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: DWMB2 on October 22, 2024, 10:15:13 am
Perhaps a style point, but I'd be minded to change the below paragraph into the conditional tense like this:

Quote
If this were the case, it would indicate that the operator had failed to comply with their own Code of Practice (CoP), which requires a manual quality check of ANPR images to identify any missing or orphan images. If such a check were not performed, it would lead to the issuance of a Parking Charge Notice that did not accurately reflect the vehicle’s presence in the car park.

This leaves open the possibility of it having been a double dip, without inadvertently wording it to suggest this is what has happened, which at this stage we don't know.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: b789 on October 22, 2024, 10:02:46 am
Here is a suggested letter you can send by email to the Harpurhey Shopping Centre Customer Service Manager:

Quote
Customer Services Manager
Harpurhey Shopping Centre
[Shopping Centre Address]
[City, Postcode]

Dear Sir/Madam,

Re: Request for Cancellation of Parking Charge Notice Issued by Ocean Parking

I am writing in relation to a Parking Charge Notice (PCN) issued by Ocean Parking to my vehicle, registration number [Vehicle Registration Number], for allegedly overstaying the parking limit at Harpurhey Shopping Centre. The PCN reference number is [PCN Reference Number], issued on [Date of Issue].

The driver of the vehicle, an elderly Blue Badge holder, lives locally and it is entirely feasible that the vehicle was not parked at the centre for the full period stated. It is possible that the Automatic Number Plate Recognition (ANPR) system used by Ocean Parking failed to register both entry and exit times, a common issue known as a "double-dip."

This indicates that the operator has failed to comply with their own Code of Practice (CoP), which requires a manual quality check of ANPR images to identify any missing or orphan images. It appears this check was not performed, leading to the issuance of a Parking Charge Notice that does not accurately reflect the vehicle’s presence in the car park.

Additionally, the driver’s disability requires more time to move around the shopping centre, and under the Equality Act 2010, Ocean Parking is obligated to make reasonable adjustments to allow for this. Therefore, the PCN is either discriminatory towards a disabled person who needs more time to shop or is based on a breach of the operator’s CoP through failure to perform a basic quality check of the ANPR system.

I kindly ask that you intervene and request Ocean Parking to cancel this PCN immediately. The situation has caused unnecessary distress, particularly to an elderly, disabled shopper, and I am confident that Harpurhey Shopping Centre values its customers and will ensure that this unjust charge is rescinded.

Please let me know if any further information is required to resolve this matter. I appreciate your understanding and swift action in requesting the cancellation of the PCN.

Yours faithfully,

[Your Name]
Registered Keeper of Vehicle [Vehicle Registration Number]
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: b789 on October 22, 2024, 09:53:40 am
The very first thing is to find the managing agent for the location. There is a website for the Harpurhey Shopping Centre. Their email address is info@harpurheyshoppingcentre.co.uk.

If there's an advertising plinth, then the managing agent is often listed on that. Try and get them to get the PCN cancelled. This Plan A and should always be the first port of call.

Ocean recently moved from the BPA to the IPC. Any appeal is not likely to succeed. However, if it were to be escalated to claim, they use CST Law to issue it and CST are utter rubbish. I have not yet seen a claim issued by CST Law that complies with CPR 16.4. The last claim from Ocean that I saw that actually reached a hearing (for multiple PCNs), last month, was struck out after 5 minutes by the judge.

For now, is there any chance we can get to see some of the signs at the location?
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: jedi on October 22, 2024, 08:37:11 am
I dont know what happened, I'm just going off what the driver told me. Driver could have been shopping, drove home as only 10 mins away, realised wrong item bought returned to said shopping centre for refund, went home again.?? But there not sure, as too, they are not sure why they were over 4hrs at the shopping centre, which would be possible due there Walking disability and being of pensioner age, plus the size and amount of shops at the shopping centre, makes this quite possible.

So can I appeal on the grounds of the disability act as mentioned by b789 above.

Thank you.

Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: DWMB2 on October 22, 2024, 06:55:07 am
Quote
Also could this be a so called double dip, if so how could this be verified?
You tell us. A double dip is where 2 separate visits to the car park are recorded as one due to failures of the ANPR equipment, or a failure of the parking company to manually verify the images.

Your opening post makes no suggestion that is what happened, instead saying the driver required more time than the maximum stay. But you know what happened, not us.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: jedi on October 22, 2024, 06:47:22 am
So... What would be the best way to tackle this?  Also could this be a so called double dip, if so how could this be verified? I presume the car park management have done their due diligence so to speak.
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: jedi on October 21, 2024, 06:36:06 pm
Okay all done thanks
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: Fluffykins on October 21, 2024, 06:22:37 pm
Please read this thread for advice on how to post images of the NtK:

https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: jedi on October 21, 2024, 06:20:31 pm
This site wont let me uplaod and pics, says upload folder full contact administrator, my 2 files are 0.5MB each? is this because Im a new user, to this site? I was ok on the old Peppipoo one. thanks
Title: Re: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: b789 on October 21, 2024, 06:17:24 pm
We need to see the PCN. However, a blue badge holder, as a person with a protected characteristic under the Equality Act 2010, has some extra protections against indirect or direct discrimination.

Please read this thread for advice on how to post images of the NtK:

READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/)
Title: PCN recieved Ocean Parking Blue Badge holder apparant overstay
Post by: jedi on October 21, 2024, 06:07:19 pm
Hi

  I as the registered keep of vehicle have recived the attatched PCN form Ocean Parking, for an apparent overstay (been told its 4Hrs max).  I was not the driver at the time, The driver at the time is a Blue Badge holder also pensioner, This shopping center is huge, consists of many shops, super markets, A market, places to eat and drink etc..

Do they have good grounds on appealing this PCN via discriminaton of the disabilty act, I belive its called?? as being a Blue Bage holder and a 73 year old pensioner they should be allocated extra time to do there shopping, eating, drinking etc?


Any help gladly welcomed.

(https://i.ibb.co/mzqxJD1/parking-fine-1of-2-Redacted.jpg) (https://ibb.co/mzqxJD1)

(https://i.ibb.co/TPZw7C8/Parking-fine-2-of-2-Redacted.jpg) (https://ibb.co/TPZw7C8)