Author Topic: Blue Badge - Forgot to Display It!!!!  (Read 2518 times)

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Re: Blue Badge - Forgot to Display It!!!!
« Reply #15 on: »
One of the photos clearly shows the parking sign with it being Excel Parking.  I can try and upload photo.  Do you need the photos of my car too?  I wouldn't know how to blank out the registration, but I could find out. Thanks again

Re: Blue Badge - Forgot to Display It!!!!
« Reply #16 on: »
Only photos,of,the actual signs currently at the car park.
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 #17 on: »
Is time of the essence here?  I am not very well, please always let me know if I need to do certain things by a specific date. Thank you

Re: Blue Badge - Forgot to Display It!!!!
« Reply #18 on: »
I say again, if the NTK is not addressed to you then you cannot 'appeal' unless you have the written authority of the addressee(the registered keeper). If you did then the creditor would be obliged to disregard - there are data protection niceties to be observed, even in this murky field of activity.

Re: Blue Badge - Forgot to Display It!!!!
« Reply #19 on: »
Hello   The other person posting replies has said that this is not the stage to appeal, so I'm confused. I have tried uploading the photo of the car park sign that is on the Excel website, relating to my "ticket" I don't even know if that worked.  Is time of the essence here?  Thank you

Re: Blue Badge - Forgot to Display It!!!!
« Reply #20 on: »
Nobody has said an appeal shouldn't be made. HC Andersen is clarifying that if/when an appeal is made, it must be submitted by the person to whom the parking charge notice is addressed.

Re: Blue Badge - Forgot to Display It!!!!
« Reply #21 on: »
...if the NTK is not addressed to you then you cannot 'appeal' unless you have the written authority of the addressee(the registered keeper).

Not strictly true. If it is not addressed to you, you can still do all the work for the appeal but it MUST be in the name of the person who the PCN is addressed to.
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 #22 on: »

https://imgur.com/a/UeFbL4G



Link to picture of sign in the car park.

My husband is the owner and registered keeper.  The blue badge is mine.  Married 50 years I have his permission to act on his behalf.

Please tell me if there is a deadline I have to meet.  thank you again.

Re: Blue Badge - Forgot to Display It!!!!
« Reply #23 on: »
We know you can act on his behalf. However, it must all be done in your husbands name if he is the Registered Keeper and the person to whom the NtK is addressed. If you prefer to handle it all in your name as the driver, you can use the form on the NtK to transfer liability to you as the driver. Once that is done, they will send a new PCN addressed to you.

Anything sent electronically that requires a signature can be signed by simply typing the name for the signature. It does not have to be a "wet" signature or even a facsimile of one.

The photo you have provided confirms that Excel have changed the signs in the car park since May 2022. It would be worthwhile getting an overview of the signs in and around the disabled bays.

Do you have or can you get any photos of the genera area around the disabled bays where you parked in front of Asda? In the GSV May 2022 photos the signage was not compliant as there were no signs containing the terms and conditions for parking that could be viewed without the driver needing to leave the vehicle, in order for someone with a disability to be able to make an informed decision on whether to park at the premises.

Also, if you can get someone to assist you with getting copies of the other evidential photos they have on their website that allegedly show the vehicle without a blue badge on display.

There is no deadline to meet. You are past any appeal deadline. You must ignore any and all debt collection letters or reminders. This will escalate into a county court claim at some stage but can be easily defended. We can cross that bridge when we come to it.
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 #24 on: »
Thank you for the prompt reply. Yes I will be the one on the keyboard, but in essence it will be my husband responding, unless there is any benefit to a new NTK to me, the driver.

I will go back and take more photos of signs in relation to the store etc. asap

I will get help to upload the photos that they have on their website of my car etc.

Thank you again.

Re: Blue Badge - Forgot to Display It!!!!
« Reply #25 on: »
These are all the car park signs.  I parked in the same spot as when I got the ticket (I think, but it might have been one across)  I hope you can see my car in relation to the distance of the signs. 

https://imgur.com/a/KiVfMtM
https://imgur.com/a/8rI0YNV
https://imgur.com/a/ArSeqO9
https://imgur.com/a/KiVfMtM
https://imgur.com/a/WLiRjli
https://imgur.com/a/44BRY6P
https://imgur.com/a/U4mbBKt
https://imgur.com/a/0cxcwjj
https://imgur.com/a/aLrX24Y
https://imgur.com/a/UeFbL4G
https://imgur.com/a/vLHt5Fm

I hope that is what you need.  I have now received a Notice Of Debt Recovery from dcbl dated 7 November and it states that I have 14 days from that date to pay or call them to discuss payment.  Pleqaase advise.  Many thanks again


Re: Blue Badge - Forgot to Display It!!!!
« Reply #26 on: »
Quote
You must ignore any and all debt collection letters or reminders. This will escalate into a county court claim at some stage but can be easily defended. We can cross that bridge when we come to it.
This previous advice remains Re. DCBL

Re: Blue Badge - Forgot to Display It!!!!
« Reply #27 on: »
OK, so the signs are not compliant with their CoP.  Can you get someone to assist you in downloading the evidential images they have on their website and show us please.

At this stage, there is no deadline. Ignore all debt collector or reminder letters.
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 #28 on: »
OP, the NTK is indistinct. Pl repost so that everything is clear.

The alleged breach occurred in Sept, therefore the 'old' CoP (for this operator) would apply.

By whether the signs comply with this CoP or not is immaterial* because your husband is past the time when he could challenge this with the creditor and therefore access the IAS which means that the next step for the creditor is court. And as I understand it, courts only consider the law and compliance or otherwise with a CoP carries little, if any, weight in their deliberations.

The next judicial step is court.

*- sometimes factors have a foot in both camps i.e. within a CoP and a condition of forming a contract.

As your husband was not the driver, then this matter is simply one of whether the creditor may hold the keeper liable for breach of a deemed contract entered into by the driver with the creditor.

Only the Protection of Freedoms Act allows such a transfer of liability and therefore it is compliance with this which counts. OP, here it is:

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Much rests on the wording of the NTK, hence why we need to see a clear version (redact those parts as previously advised).

Re: Blue Badge - Forgot to Display It!!!!
« Reply #29 on: »
Hello   Am I misunderstanding something or are b789 and H C Anderson not in agreement over this?  Thank you