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Messages - PoloSee

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Private parking tickets / Re: Parked outside marked bay
« on: January 15, 2024, 05:06:25 pm »
Oh crikey, yes, you are absolutely correct. Force of habit perhaps (as I do drive sometimes), haste or more likely a senior moment ::) Attention to detail is not a forte! Fortunately in the appeal I made to LPS I made it abundantly clear that I was not the driver. That said, they dismissed this out of hand without even addressing the issues raised.

Thanks for the clarification on the POFA question.

I've just been on to Motability who have sent me a copy of the V5C by email.


In the first paragraph of your first post you wrote:

This was the case only as the car parked to my left was encroaching into the space I had parked in and the car park was full leaving me with no option but to park how I did (emphasis added for clarity).

The notice doesn't even purport to hold the keeper liable under POFA.  Apart from any other POFA failures it does not contain the mandatory warning required by POFA paragraph 9(2(f).

It's irrelevant that Motability holds the physical V5C registration certificate.  What's important is whose name and address appear on the register at the DVLA. My understanding is that Motability usually registers the hirer's name and address with the DVLA, and this is borne out in your case by the notice to keeper being addressed to you rather than Motability.

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Private parking tickets / Re: Parked outside marked bay
« on: January 15, 2024, 03:50:12 pm »
Hi Nosy Parker.

Thank you for your reply. I don't believe I said it was me who parked the car. LPS's letter, addressed to me, alleges that I was parked outside a designated parking space. I don't think that can give rise to the interpretation you suggest. No matter, if I can I will amend the original so there can be no doubt in anyone's mind as to the fact that I was the passenger on this occasion.

Thank you for taking the time to draft a suggested reply. That's most helpful. When you say that LPS's letter (PCN) does not comply with Sch.4 of POFA, what do you mean please? I'm not questioning that it does not but I should like to understand why it doesn't.

Also my vehicle is on lease from Motability so I do not have the V5C - Motability hold these. Is there an alternative document I could use. Or I could ask Motability for a copy I suppose?

Thanks again


On 03/01/2024 I received the attached (dated 22/12/2023) from London Parking Solutions. They allege that I was parked outside a designated parking space. My vehicle was parked with the nearside wheels slightly encoaching into the yellow hatched zone of an oversized disabled parking bay. This was the case only as the car parked to my left was encroaching into the space I had parked in and the car park was full leaving me with no option but to park how I did. I, myself, am a Blue Badge holder and my badge was correctly displayed for the duration of the time I was parked.

I submitted an appeal to LPS via the PayMyPcn website setting out my mitigation and promptly received a response to the effect that the driver is responsible for this matter and as I had appealed in my capacity as the RK, they would not be considering it and indeed that it would be deleted from their systems.

I had wanted to take care of this matter myself as the person driving me on the day in question has rather unexpectedly had to relocate abroad due to family problems and will not be returning to the UK.I have contacted the driver and he has said that he is (somewhat reluctantly) agreeable to my passing his name/address details to LPS. Is this a reasonable thing to do now?

I was under the impression that I had 28 days from the date of "service" of LPS's NtK in order to pay, appeal of provide drivers details. Their notice gives the impression that it is 28 days from the date the NtK was issued. Can you advise on this please?

Thank you in anticipation of your helpful advice and guidance.

3
Private parking tickets / Parked outside marked bay
« on: January 13, 2024, 03:44:37 pm »
On 03/01/2024 I received the attached (dated 22/12/2023) from London Parking Solutions. They allege that I was parked outside a designated parking space. My vehicle was parked with the nearside wheels slightly encoaching into the yellow hatched zone of an oversized disabled parking bay. This was the case only as the car parked to my left was encroaching into the space I had parked in and the car park was full leaving me with no option but to park how I did. I, myself, am a Blue Badge holder and my badge was correctly displayed for the duration of the time I was parked.

I submitted an appeal to LPS via the PayMyPcn website setting out my mitigation and promptly received a response to the effect that the driver is responsible for this matter and as I had appealed in my capacity as the RK, they would not be considering it and indeed that it would be deleted from their systems.

I had wanted to take care of this matter myself as the person driving me on the day in question has rather unexpectedly had to relocate abroad due to family problems and will not be returning to the UK.I have contacted the driver and he has said that he is (somewhat reluctantly) agreeable to my passing his name/address details to LPS. Is this a reasonable thing to do now?

I was under the impression that I had 28 days from the date of "service" of LPS's NtK in order to pay, appeal of provide drivers details. Their notice gives the impression that it is 28 days from the date the NtK was issued. Can you advise on this please?

Thank you in anticipation of your helpful advice and guidance.

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4
Private parking tickets / Re: Disabled bay - badge blew down
« on: December 03, 2023, 10:31:52 am »
Rather mysteriously a letter arrived from UKPC yesterday advising me that the penalty has now been cancelled and no further action is being taken. An very welcome early Christmas present!

Thank you all for your help with this matter. Hopefully it will help others who find themselves in a similar situation.

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Private parking tickets / Re: Disabled bay - badge blew down
« on: December 01, 2023, 09:24:10 pm »
Okay. Thanks for clarifying. If I were to name them, would that restart the clock and reinstate the early payment discount? If so it might be worth it to get it out of the way. I'm just concerned that if I, as RK, appeal they'll just write back saying that I've failed to name the driver as requested and as such they won't be responding to the issues raised until such time as the driver is named. As I said, that's seems to be their MO based on posts I've seen on other forums

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Private parking tickets / Re: Disabled bay - badge blew down
« on: December 01, 2023, 08:39:23 pm »
The driver is my carer and I will only name them if not doing so is going to be used as an excuse by UKPC to not respond comprehensively to my appeal (I've noted on other forums that they use that as a tactic). I am not naming them to pass the responsibility to them.

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Private parking tickets / Re: Disabled bay - badge blew down
« on: December 01, 2023, 10:10:39 am »
Thanks again both for your knowledgeable input. I'll redraft and repost shortly. One further question ahead of that though. Is it okay to name the driver now as it appears that UKPC always use the failure to name the driver (and that alone) as reason not to address any substantive issues raised when they respond to appeals? Thanks

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Private parking tickets / Re: Disabled bay - badge blew down
« on: November 30, 2023, 04:41:06 pm »
Thank you both. I'm more than happy to amend the tone if the view is that it's confrontational - not my intention at all. I raised the EA point purely to illustrate the point that in effect the BB is not actually required to be displayed here to enable a disabled person to avail of the parking privileges afforded in this private car park under the reasonable adjustment provisions of the EA 2010. Though I did acknowledge the common sense of requesting its use to avoid abuse.

The BB was displayed on the passenger side dashboard as far as we can remember, not flush with the windscreen but rather further back and hence why it may have blown down in the crosswind when both driver and passenger opened their doors simultaneously. Not sure how any of us can know whether or not the person who took the relevant photos looked into the car?



I'll redraft in friendlier terms and post again.

9
Private parking tickets / Re: Disabled bay - badge blew down
« on: November 30, 2023, 01:08:21 pm »
Thank you very much for your advice.

Since my last post I have received a FINAL REMINDER from UKPC dated 23/11/23

I have contacted ALDI customer services centre and await their reply. I have also contacted a company called KIER GP Sydenham who I believe may be the landowner.

Meanwhile this is my first draft of an appeal to UKPC... Be grateful for any comments, suggestions for improvement etc.

***********

I refer to your Notice to Keeper dated 09/11/23 not received by me until 25/11/23. I refer also to your Final Reminder dated 23/11/23 received 27/11/23.

My current and valid disabled persons’ Blue Badge was placed clearly on display on the dash of my vehicle LV70 *** when it was parked by my driver at Bell Green Retail Park at 5 pm on 07/11/2023. When we returned to the vehicle having completed our shopping in Aldi, it was noted that the Blue Badge had fallen to the floor. It was a very windy evening and we can reasonably assume that the badge blew off whilst we were exiting the car.

You will be aware that the Equality Act 2010 requires organisations such as UKPC to make reasonable adjustments in the provision of their services to accommodate the particular needs of people with disabilities. This includes providing dedicated disabled parking bays.

Moreover, you will also be aware that whereas the UK’s Blue Badge scheme covers a majority of roads provided by public authorities, it does not apply on private land such as Bell Green Retail Park. As such I contend that there is no legal obligation on disabled persons to display a Blue Badge whilst parked in a designated bay at this site. That said, I acknowledge that it is a useful vehicle for differentiating between those entitled to use disabled bays and those that are not.

The above, notwithstanding, I maintain my position that my valid Blue Badge was displayed at the point at which I and my driver exited the vehicle at 5 pm on 07/11/23.

Given the above, I kindly request that you cancel the invoice (Notice to Keeper) in question and take no further action in this matter.

*********

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Private parking tickets / Re: Disabled bay - badge blew down
« on: November 28, 2023, 06:04:04 pm »
I would really appreciate your advice and guidance with this as soon as possible please. I'm conscious that the clock is ticking. Many thanks

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Private parking tickets / Re: Disabled bay - badge blew down
« on: November 26, 2023, 07:11:14 pm »
Please show us both sides of the PCN. Redact your name, address, vehicle number and any reference number but leave all dates visible

The NTK is attached as a PDF together with a JPEG of the parking signage. Are they not visible? (I've attached an imgur link too just in case)

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Private parking tickets / Disabled bay - badge blew down
« on: November 26, 2023, 06:02:13 pm »
The driver was visiting the ALDI supermarket at the location cited on the NTK attached. The driver parked in a Blue Badge bay and displayed their current and valid Blue Badge. Upon returning to the vehicle it was noted that the badge had fallen to the floor. It was a very windy day and this may have happened when exiting the car. The car in question is leased from Motability as part of their disabled driver scheme and all participating members are Blue Badge holders. The NTK shown dated 09/11/2023 was only received by post on 25/11/2023 possibly due to ongoing significant Royal Mail delays in the local area. No contact has been made as yet with UKPC. Efforts over the past 24 hours to find out who the landowner of Bell Green Retail Park have not been fruitful as yet. ALDI has said they cannot/will not help. Apologies for the dark pic of the parking signage - hope you can read it?

We hope you can help please?

https://imgur.com/a/3SgvYKi

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