Free Traffic Legal Advice

There is no "warden"! They have CCTV camera above each disabled bay. If the CCTV operator can't see the blue badge because it is not o the dashboard, they send you a PCN.

The Notice to Keeper (NtK) is not PoFA compliant because there ids no period of parking. Also, there is no evidence that the vehicle was parked for longer than the minimum consideration period, which means that there is no evidence of contract formation.

Likely to go all the way to a claim if POPLA don't agree, but, hey, who cares about POPLA? For now simply appeal with the following so that you can get a POPLA code:

am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. MET has relied on contract law allegations of breach against the driver only.

The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. MET have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

They have no idea who anyone is in their CCTV. Leave everything for the POPLA appeal, for what it is worth.

You actually have 33 days from the date of the appeal rejection.

As there is no evidence that the vehicle was parked for longer than the minimum consideration period, no contract was formed. A single timestamped photo is not proof that the Blue Badge was not displayed. For example, the Blue badge may have been removed just prior to the vehicle leaving or the vehicle may have only just arrived and the driver had not yet had a chance to put the blue badge in the dashboard.

Also, the sign you showed us, where is that I relation to the bay? Is that sign readable without having to exit the vehicle?

You can search the forum for recent POPLA appeals to get a flavour of what they require and the points to throw at them. A POPLA code is valid for 33 days from the date of the appeal rejection, so no rush. Just show us anything before you send it so we can suggest any edits or additions.

Im running out of time here I think, 22nd Oct they sent the Popla code if I want to appeak.

Just to reiterate, they sent the notice to me the registered keeper, but not the driver, no driver name has been given/offered.

The disabled badge was on the seat as it always is, not viewble on the photos they supplied which were 4 photos 20 seconds apart in each instance

Driver has been to the branch since, they were not interested even with the badge in hand.

Sign is next to the vehicle (see on in the photo, not sure on its wording as yet.

Not mentioned the badge at this point but guess i should in the popla appeal

Don't think there is much more I can add

I’m not the badge holder, it’s my partner, they have always put it on the seat due to restrictions in mobility at time, also accompanied with a steering aid.

Does this work?

POPLA Appeal – PCN [bla bla]
Vehicle Registration: [bla bla]

Operator: MET Parking Services
Appellant: Registered Keeper


1: A Valid Blue Badge Was Displayed – MET’s Camera Could Not See It

A valid Blue Badge was displayed by the driver, who is the legitimate badge holder. I, as the registered keeper, was not present and am not required to identify the driver.

The badge was placed on the front passenger seat, where it is flat, stable, and visible from normal ground-level inspection. While the site signage states it must be in the windscreen, this does not override the duty to make reasonable adjustments for disabled drivers. Placing it on the seat was necessary due to the driver’s mobility needs.

The Blue Badge itself proves the driver is disabled, and MET cannot challenge this or require additional evidence. Issuing a PCN without considering the practical display needs of a disabled driver is a failure to make reasonable adjustments under the Equality Act 2010.

MET’s evidence relies solely on an elevated, forward-facing camera, which cannot see the seat. Its absence from that view does not prove the badge was not displayed.


2. MET Has Not Met POFA Requirements to Transfer Liability to the Keeper
MET has not identified the driver. As the registered keeper, I am not obliged to provide this information.
To transfer liability from the driver to the keeper, MET must fully comply with Schedule 4 of POFA 2012.
I assert their Notice to Keeper does not meet all mandatory requirements. Without full compliance, the keeper cannot be held liable.

Conclusion
The Blue Badge was displayed by the disabled driver.
MET’s elevated camera could not see it.
The badge was displayed in a reasonable position due to the driver’s disability.
MET failed to make reasonable adjustments under the Equality Act.
POFA has not been satisfied, so keeper liability does not apply.
I respectfully request that POPLA allow the appeal.
Signed


___

Or I could add a condensed version if applicable?

POPLA Appeal – PCN [bla bla ]
Vehicle Registration: [bla bla]

Operator: MET Parking Services
Appellant: Registered Keeper

A valid Blue Badge was displayed by the driver, who is the legitimate badge holder. I, as the registered keeper, was not present and am not required to identify the driver.

The badge was placed on the front passenger seat, visible from normal ground-level inspection. While the signs state it must be in the windscreen, this does not override the duty to make reasonable adjustments for disabled drivers. Placing it on the seat was necessary due to the driver’s mobility needs.

MET’s evidence relies solely on an elevated, forward-facing camera, which cannot see the seat. Its absence from that view does not prove the badge was not displayed.

MET has failed to consider reasonable adjustments under the Equality Act 2010. They have also not fully complied with POFA to transfer liability to the keeper.

For these reasons, I respectfully request that POPLA allow the appeal.

Signed?

Is this not the Popla appeal, they’ve provided a Popla code on the last letter, giving me 28 days from the date of the letter which was the 22nd of Oct (can upload it again if required)

Also, no problem with the badge,should I consider blanking out the some of the digits on the badge just in case they have the abilty to snoop on badges?