Free Traffic Legal Advice

Firstly apologies for coming here a bit late in the process. Reason for this is as follows.

3 PCNs were issued in 1 week for same alleged contravention. Car is a motability car registered in youngsters name and being sure that there had been no contravention, the driver had no problem responding to CPP with details. All 3 initial responses were declined and so went down the POPLA route.
Each alleged contravention was the same and each appeal was exactly the same word for word with supporting evidence of Car Park Signage, Blue badge and parking receipt.
2 of the PCNS were cancelled when CPP withdrew but the 3rd one went all the way and was unsuccessful.Reading the POPLA response, I'm positive that the adjucator hasn't bothered to read the parking signage fully so here we are. They have acknowledged that the Blue Badge was displayed and that payment was made.
The fact that they withdrew on 2 of 3 identical cases means they are wrong in my view but am keen for anyone elses thoughts.

Parking was in a disabled car park, Blue Badge was displayed and parking was paid for in full with receipts.
Free parking is available for blue badge holders by registering the vehicle, however we were visiting at short notice and were happy to pay.
The sign says 'to obtain free parking' and not 'MUST obtain free parking' as per POPLAs response which also stated that Paid parking was not possible in the car park when the sign clearly states that it is. Also, why would the terminal accept the vehicle registration number and accept payment for the period if it was not allowed.
My opinion is that they have gained from us paying to park as opposed to registering for free parking.





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The car park sign wording is here and the parts that I believe are most relevant I have hopefully made bold.

Blue Badge Holders Only
Blue Badge holders - to obtain free parking until your Blue Badge expires, please provide your full, correct vehicle registration and valid Blue Badge by calling the helpline on 01493 738281
Failure to comply with the terms & conditions will result in a Parking Charge of:
£100
Gar Parking Partnership ("CP") is a trading name of ParkingEye Limited. CP is authorised by the landowner to operate and manage this private car park. Certain parking terms and conditions apply, which are set out within this notice (the "Parking Contract"). By parking, waiting or otherwise remaining within this car park, you agree to comply with the Parking Contract, including making payment as required and entering your vehicle registration details via the payment machines and/or terminal systems. If you fail to comply with the Parking Contract, you will become liable to pay the sum specified on this notice (the
"Parking Charge"). If a Parking Charge becomes due, a reduced payment option will be available for a specified period from issue. Failure to pay within this period will result in the full amount becoming payable.
If the Parking Charge remains unpaid beyond 28 days, recovery charges in respect of further action may apply. The Parking Contract shall form the entire agreement between the parties and any variation of the terms shall not be valid unless confirmed in writing by CPP. Please note that CPP is not responsible for the car park surface, damage or loss to or from motor vehicles, or general site safety. In addition to the Parking Contract please see privacy information below.
Privacy Information - when you use this car park, CP collects and processes certain data in order to ensure that you are complying with our terms and conditions and to enforce these where necessary. We also use the data for car park management. This will include, for example, reporting on vehicle turnover and repeat visits in order to improve the customer experience. The data we collect comprises images of vehicles using the car park and/or the Vehicle Registration Mark. This is collected via Automatic Number Plate Recognition cameras and/or attendants on-site, as well as via payment machines or terminals. We may share data from time to time as required to support the purposes stated above. When collecting the data specified above, CPP is the Data Controller. For more information, including details about your rights as a data subject, please visit our website at . Alternatively, you can email us at privacy@carparkingpartnership.co.uk or contact us by telephone at 0333 1235 988.
Car Parking Partnership
Telephone 0330 900 7777
PO BOX 635, Chorley, PR6 6NJ
This car park is private property
Car park monitored by
ANDR cuctame
PROVE
BPAM


**Other visitors regularly get PCNs for this car park when payment has been made and most that are appealed are cancelled but it is a problem that needs resolving as we know that a lot of the older disabled users will not appeal and just pay it.

To confirm...

There are also regular non blue badge car parks which is chargable and fees are the same. We parked in the diasbled spaces as there was a child who is a full time wheelchair user / Blue Badge holder in the vehcile going to an appointment - one of 3 that week hence 3 PCNS.

The driver and wheelchair user passenger were in the car. Parked in a Blue Badge only car park and and displayed the blue badge.
Parked for 1 hour and 7 minutes and then paid for up to 2 hours on way out as that it what the terminal said was due.

I will upload documents / pictures later once as Imgur wouldn't upload them as PDFS which is how I've got them saved currently.

You pay at a terminal before returning to the car. Enter reg number and a picture of vehicle shows on screens and it asks you to confirm that it is the correct vehicle. There are images of the car entering and leaving the Disabled Blue Badge only car park at the stated times so they are fully aware of where we were parked.

The wording from the sign in my first post is taken from the sign in full - copy and pasted from the photograph of the sign.
Nowhere does it say that you Must obtain free parking by registering but it certainly does say that you have to enter your registration number and pay at a teminal if you haven't registered for free parking.

b789 - Thank you very much for taking the time to reply in detail.

Copy of the LBCCC here....

One more question ....

I have used the above from b789 and added the Reference number, location, date and keeper details.

Can I just upload that to the portal or do I have to use the reply form as well? I would not do anymore than tick box D to dispute it.


Thanks

Thank you for clarification.

Will do that now.

I advise you to upload the following response to that letter you received:

[Your Name]
[Your Address]
[Postcode]

[Email address]

Date: [Insert date]

To: Car Parking Partnership (CPP)
PO Box 117
Blyth
NE24 9EJ

Re: Parking Charge Notice [reference]

Dear Enforcement Team,

I acknowledge receipt of your letter dated 29 September 2025. Please pass this response to a responsible adult within your organisation who understands the Pre-Action Protocol for Debt Claims (PAPDC). Your refusal to engage at the PAPDC stage is misconceived and will be relied upon on costs as unreasonable conduct.

The PAPDC requires early exchange of information to narrow the issues; it does not permit you to stonewall further correspondence simply because POPLA rejected an appeal. POPLA decisions are not binding on the courts, and in any event, the adjudicator’s finding that paid parking was “not possible” is demonstrably wrong, since your own terminal accepted full payment for this vehicle and period.

If you intend to persist, you are required to supply within 30 days:
[indent[1. Full-size images of all signage in place on the material date together with a site plan for the Blue Badge area.
2. The full audit trail for the VRM on the date in question (accept/reject logic, timestamps, tariff applied and reconciliation showing the payment taken).
3. ANPR entry and exit images, with camera locations specific to the Disabled Blue Badge car park.
4. The landowner contract conferring authority to offer terms and to litigate in your own name.[/indent]

Absent this information, any claim will be defended and your non-compliance with the PAPDC will be raised with the court. I will also rely on the Consumer Rights Act 2015 (sections 50, 62, 68 and 69) to show that the purported term is unfair, not transparent, and that your own signage and payment journey induced payment, thereby estopping you from alleging breach.

If you issue proceedings without addressing these matters, your conduct will be placed before the court and costs will be sought pursuant to CPR 27.14(2)(g).

Yours faithfully,

[Your Name]

FYI, anything being submitted electronically does not need a "wet" signature. You can sign anything, including this letter by simply typing your full name.

After sending all of the above as advised by b789, I have had the following by email this morning.......


Good morning,
 

We write regarding the above referenced Parking Charge.
 

We can confirm that we have now reviewed your recent correspondence but we maintain our position that the full amount of the Parking Charge remains outstanding and that we have been unable to reach an agreement in respect of the same via the Reply Form.
 

We can confirm that your request has been passed to our Privacy Team.


We now require full payment of the outstanding sum of £130 within the next 14 days or legal action will be taken. Should court proceedings be issued, further costs will be incurred. These will include, but are not limited to, the court claim issue fee and the solicitors costs referred to within the LBCCC.
 

Please note Car Parking Partnership dispute any costs you claim to have incurred and will oppose any application or claim that you may wish to pursue in relation to any such costs.
 

If you wish to make payment, you can do so by telephoning our offices on 0330 900 7777, by visiting www.carparkingpartnership.co.uk, or by posting a cheque/postal order to the below address. Please note that you must quote the above Parking Charge reference on the reverse of the cheque or postal order.

 
Yours faithfully,