Free Traffic Legal Advice

Assessor supporting rational for decision
I am allowing this appeal and will detail my reasoning below: By issuing a parking charge notice to the appellant the operator has implied that a breach of the terms and conditions has occurred. When an appeal comes to POPLA, the burden of proof begins with a parking operator to demonstrate that the appellant has breached the restrictions of the car park as they claim. On the PCN, the operator has stated that the driver was on site for 3 hours 10 minutes and didn’t purchase the appropriate parking time. In order for the operator to show that it has correctly issued the parking charge, it must demonstrate to POPLA that it has considered the appellant’s grounds of appeal in accordance with the guidance set out within Section 13 of The British Parking Association (BPA) Code of Practice. In this case, the driver was captured on the ANPR cameras leaving site within the 10-minute grace period that they are entitled to, as a minimum. The appellant has also detailed their disability and how they require additional time, provided their blue badge and doctor’s documents as evidence towards the appeal. As the driver left site within the grace period, I am not satisfied that any breach occurred on this occasion. The appellant has raised other grounds in their appeal, but as I am allowing the appeal, it is not necessary for me to address these.

That’s brilliant, thank you. The only query I have is around the driver. The driver was the person with the disability, so can I still say they haven’t proved who the driver was. I’m acknowledging who the driver was by submitting their badge.

I’m going to base the appeal on the fact a disabled driver wasn’t given a 10 min grace period. Do I need to go through all of the equality act, code of practise etc as i presume popla will know all of that info a way or does it need spelling out again

Have now had reply from Parking Eye. Refused appeal because tarrif paid was insufficient for entire stay. As a goodwill gesture they are extending discount for another 14 days, I presume this is in the hope we’ll pay it. I presume I now use exactly the same reasons when submitting the  Popla appeal?

Appeal Against PCN [PCN Number]

I am appealing this Parking Charge Notice (PCN) as the registered keeper, based on the following grounds:

1. Breach of the Equality Act 2010: Unlawful Indirect Discrimination and Non-Compliance with BPA Code of Practice (Section 16)

ParkingEye has breached my rights under the Equality Act 2010 by failing to make reasonable adjustments for individuals with disabilities, as outlined in the latest version of the British Parking Association (BPA) Code of Practice v9, Section 16.

Section 16.1 of the BPA CoP requires that parking operators accommodate people with disabilities by making reasonable adaptations, such as providing more time to access payment machinery, or longer grace periods. However, ParkingEye has not made any such reasonable adaptations for the disability, which affects my mobility as I struggle to walk and required additional time as I had to wait behind 2 other people at the ticket machine. The machine was also unable to accept coins at that time, which added a delay whilst I tried to use a contactless method (something I am not particularly familiar with). A ticket, valid for 3 hours, was purchased at 11:57.

Furthermore, there are no accessible bays at this carpark, which is another failure of ParkingEye to adhere to Section 16.1 of the BPA CoP, and constitutes indirect discrimination. As noted in Section 16.3, if the Blue Badge scheme is recognised, designated Blue Badge bays should be clearly marked and properly monitored to prevent inappropriate use, which was not the case in this car park.

By failing to provide accessible bays and appropriate adaptations for disabled individuals, ParkingEye has unlawfully discriminated against me under the Equality Act 2010. Discrimination, whether direct or indirect, is unlawful. Now that I have notified you of my Blue Badge and protected characteristics, any further failure to make reasonable adjustments would be classified as direct discrimination.

I have attached a copy of my Blue Badge as evidence of my protected characteristics under the Equality Act. I also attach confirmation from Bournemouth hospital of my condition, 1st MTP joint arthritis with mid foot arthritis bilaterally. This condition affects my walking and is considered a disability protected by the act.
2. Proof of Payment for Parking

I paid for 3 hours of parking on the day in question, as evidenced by the attached ticket. The vehicle was recorded as being on site for 3 hours and 10 minutes, which includes time spent entering and exiting the car park, struggling to enter and exit the vehicle due to lack of accessible parking bays and time to get to and from and waiting at the payment machine.

Under Section 16.1 of the BPA CoP, it specifically states that individuals with disabilities may reasonably require more time to access payment systems and exit the car park. The BPA Code of Practice further specifies that operators must allow for grace periods. The 10-minute overstay clearly falls within a reasonable grace period, particularly in light of my mobility challenges.

3. Request for Cancellation

Given the above points—ParkingEye’s failure to comply with the Equality Act 2010 and the BPA Code of Practice (Section 16), proof of payment, allowance for a reasonable grace period, I request that this Parking Charge Notice be cancelled immediately. If this appeal is not upheld, I expect a POPLA code where I will escalate the matter. I will also consider further legal action due to unlawful discrimination under the Equality Act.

Supporting Evidence:

1. Copy of my Blue Badge.
2. Ticket  for 3 hours of parking.
3. Letter from senior consultant at Bournemouth hospital with diagnosis.

The driver has bank statement & screenshot of Apple Pay from contactless payment with time on. Does not have proof it’s linked to CRN