3. Blue Badge - Forgot to Display It!!!!
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Blue Badge - Forgot to Display It!!!!
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Hello

I am new as of 3 minutes ago and cannot see where to post this so I'm putting it here and hoping!

I parked at a small shopping mall near home.  I park there often.  I recently became a Blue Badge holder.  The 2 spaces are always full, I never use them.  Just as I was about to park one became free!  I parked in the Disability space and forgot to display my new badge!  Two days later there was a little square note under my windscreen wiper.  I couldn't think where it was from and I thought it might be a scam = it was about 8cms x 8 cms blue and white and said "it has been noted that you parked here".

In the post some days later my husband (registered keeper) got a PCN Notice to Keeper from Excel Parking.  Issue date 20/09/2024

I phoned ASDA, the store I had used, and customer seervice said tha it isn't a company they can waive the fine for.  I went into the small ASDA, but the manager is only there in the mornings.  Mornings are very difficult for me, but I was going to go back.  I have been unwell and am dealing with it now.  I thought perhaps I should just pay it because I did park in the bay and not display the badge,  but now I see it is past the 14 days they say it is "Half price" - so will be £100 grrrrr. 

I looked into the mall owners, but their website gives no details unless you want to rent a unit.

On Money Saving Expert I read that if it was a genuine error it could be considered unreasonable.

I thought that I would use the template letter, but I am having trouble with changing it.  Also, should I post it or fill out an online something?  I think I read not to tell them the registered keeper's name and address.  Is that so?  The problem is I started looking at this 21st September and have been ill since and have forgotten what I read!!!

Any advise as to  my options would be sincerely appreciated.
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Re: Blue Badge - Forgot to Display It!!!!
« Reply #1 on: »
This is a private parking invoice and I've ask for move to the private parking tickets section.
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Re: Blue Badge - Forgot to Display It!!!!
« Reply #2 on: »
thank you :)
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Re: Blue Badge - Forgot to Display It!!!!
« Reply #3 on: »
Welcome. No one pays Excel or the other scammers. Do you still have the "little square note" that was under the windscreen wiper?  It is a scam but a legitimate one, for now.

I would forget about appealing it with either Excel or the IAS. You may be past the appeals process stage anyway.

If you can, it would help if we can see a picture of the "little square note" and also the Notice to Keeper (NtK) that was sent a few days later. You will need to redact your personal info and any PCN number and the VRM. Leave everything else visible, especially all the dates and times.

The Parking Charge Notice (PCN) has been wrongly issued and therefore Excel cannot relay on the provisions of The Protection of Freedoms Act 2012 (PoFA) to hold the keeper liable. They have no idea who the driver is, unless the keeper tells them, inadvertently or otherwise.

As the appeals process time is likely passed, you are going to receive reminders and eventually Debt Recovery Agent (DRA) letters with the amount increased to £160-£170. You can safely ignore all those reminders and DRA letters. Never, ever, communicate with a DRA. They are only employed on a no-win, no-fee basis to try and scare you into paying up. They are in fact powerless to do anything. Just use their letters as kindling or line a cat litter tray with them.

We will put together a complaint for you to send to Excel, for what it's worth, to see if they will cancel but don't hold your breath.

This will only be over after they have issued a county court claim which is very easy to defend and is 99% likely to be struck out, discontinued or won, some time early next year. You really shouldn't have to worry about this and we will assist you all the way. We do this many times a day.

Please read this thread for instruction on how to post images:

READ THIS FIRST - Private Parking Charges Forum guide
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Blue Badge - Forgot to Display It!!!!
« Reply #4 on: »
Thank you for your message.  I have a photo of the NTK in my downloads and have reduced it by 80%, but I get the message that the upload folder is full.  I have tried registering with Imgur, but it sends a message saying that it is not available in my area! I have tried the "insert an image" button above, but no joy.  Can you help at all please?  Many thanks again
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Re: Blue Badge - Forgot to Display It!!!!
« Reply #5 on: »
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Re: Blue Badge - Forgot to Display It!!!!
« Reply #6 on: »
Hello

Did I read somewhere that a link to the car park from a google map is helpful?  I have just managed to send that, but I do not have the "little blue and white square of paper" that was under my windscreen wiper.  My husband thought it was a scam and put it in the recycling! I will continute to try and upload the NTK!  Thanks again.
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Re: Blue Badge - Forgot to Display It!!!!
« Reply #7 on: »
Quote from: bluebadgeholder on October 13, 2024, 06:58:40 pm
Thank you for your message.  I have a photo of the NTK in my downloads and have reduced it by 80%, but I get the message that the upload folder is full.  I have tried registering with Imgur, but it sends a message saying that it is not available in my area! I have tried the "insert an image" button above, but no joy.  Can you help at all please?  Many thanks again
You don't need to create an account to post with Imgur - the instructions in the 'READ THIS FIRST' thread should work without a need to register.
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Re: Blue Badge - Forgot to Display It!!!!
« Reply #8 on: »

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Re: Blue Badge - Forgot to Display It!!!!
« Reply #9 on: »
I hope this link to the NTK works!

https://imgur.com/a/vLHt5Fm
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Re: Blue Badge - Forgot to Display It!!!!
« Reply #10 on: »
Have you gone on the Excel website as though to appeal to see what other, if any, evidential photos they have of the vehicle parked in a disabled bay not showing a blue badge? Don't actually appeal at this stage.

The burden of proof is on Excel to prove that there was no blue badge on display. They would require photographic evidence that the vehicle was in a disabled bay and no BB was visible anywhere. Do they have that evidence?

An appeal, when we come to it, will show that you do have a blue badge and were entitled to park there. Not displaying a blue badge does not mean that you were not entitled to park there.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Blue Badge - Forgot to Display It!!!!
« Reply #11 on: »
Thank you.  I haven't clicked that link to the Excel website, because I was worried that I shouldn't!  I will do and see if they have a better picture on there.  I didn't know that not displaying the badge doesn't entitle them to "fine" me, thank you for that information.  I will look and see what they have on the site.
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Re: Blue Badge - Forgot to Display It!!!!
« Reply #12 on: »
Hello

I have now been to the my parking charge website.  There are photos of my car in a disability bay without the badge visible.  I have recieved a further letter today. It says Final Reminder.  Any advice is much appreciated.  Thank you.
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Re: Blue Badge - Forgot to Display It!!!!
« Reply #13 on: »
Do you know how to download the images from the website and then post them here?

Ignore the reminder.

Can you get a clear photo of the signs at the car park. Looking at GSV pictures from 2022, the signs are all in the name of VCS, a completely separate company to Excel.

If the signs are still showing VCS as the creditor, then Excel has no lawful right to issue PCNs in it's own name.

If the signage at the car park clearly identifies Vehicle Control Services (VCS) as the operato, any contract for parking was made with VCS, not Excel Parking. Excel, being a separate legal entity, has no standing to issue a parking charge, as no contract exists between Excel and the driver.

You have to question whether Excel Parking has the authority to issue this charge. If the signage makes no reference to Excel, you would require proof of the contract between Excel and the landowner that grants them the right to manage and issue PCNs at this location. In the absence of such proof, Excel has no legal standing in this matter.

If the PCN has been issued by a different entity than the one referenced on the signage (VCS), this is misleading. This breach of transparency and fairness violates sections 62 and 68 of the Consumer Rights Act 2015.

The IPC Codes of Practice require operators to ensure signage is clear about which company is managing the site and issuing PCNs. In this case, if the signage only mentions VCS, not Excel Parking, it is a breach of the Code.
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Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Re: Blue Badge - Forgot to Display It!!!!
« Reply #14 on: »
OP, you first posted that your husband is the registered keeper. If so, you cannot appeal anything within the PoFA procedure, this must be the registered keeper.(they'd just bat anything back claiming data protection and their procedures).  The keeper may authorise you in writing to act for them, but within the procedure they will remain the liable party.
« Last Edit: October 25, 2024, 04:56:14 pm by H C Andersen »
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