Free Traffic Legal Advice

Thanks for replies, driver is going to appeal based on their disability & 10 mins. Helpfully driver has also found ticket, which links 3 hour payment to Registration number.

Visited the site with driver today. Sign says “blue badge holders tarrifs and all terms and conditions apply”. There is no specific blue badge places. Paced out distance from where driver parked and machine, and it is 40 yards approx. Driver says they tried to pay by coins first, but machine wouldn’t accept (despite saying it did). Driver then had to input registration again after changing payment method, so this caused even further delay.

Driver is going to send them blue badge copy (out of date, but proving disability), the email from BCP council acknowledging application to renew, & letter from specialist confirming arthritis in feet and ankles. Together with ticket linked to registration timed at 11:57.

Nowhere does it say parking time starts from when car enters car park,should driver state they thought parking was from when ticket was issued, making the overstay 4 mins, not 10. Or is that irrelevant to any appeal?

Thanks again, great advice and a real help.

Appeal Against PCN [PCN Number]

I am appealing this Parking Charge Notice (PCN) as the registered keeper, based on the following grounds:

1. Breach of the Equality Act 2010: Unlawful Indirect Discrimination and Non-Compliance with BPA Code of Practice (Section 16)

ParkingEye has breached my rights under the Equality Act 2010 by failing to make reasonable adjustments for individuals with disabilities, as outlined in the latest version of the British Parking Association (BPA) Code of Practice v9, Section 16.

Section 16.1 of the BPA CoP requires that parking operators accommodate people with disabilities by making reasonable adaptations, such as providing more time to access payment machinery, or longer grace periods. However, ParkingEye has not made any such reasonable adaptations for the disability, which affects my mobility as I struggle to walk and required additional time as I had to wait behind 2 other people at the ticket machine. The machine was also unable to accept coins at that time, which added a delay whilst I tried to use a contactless method (something I am not particularly familiar with). A ticket, valid for 3 hours, was purchased at 11:57.

Furthermore, there are no accessible bays at this carpark, which is another failure of ParkingEye to adhere to Section 16.1 of the BPA CoP, and constitutes indirect discrimination. As noted in Section 16.3, if the Blue Badge scheme is recognised, designated Blue Badge bays should be clearly marked and properly monitored to prevent inappropriate use, which was not the case in this car park.

By failing to provide accessible bays and appropriate adaptations for disabled individuals, ParkingEye has unlawfully discriminated against me under the Equality Act 2010. Discrimination, whether direct or indirect, is unlawful. Now that I have notified you of my Blue Badge and protected characteristics, any further failure to make reasonable adjustments would be classified as direct discrimination.

I have attached a copy of my Blue Badge as evidence of my protected characteristics under the Equality Act. I also attach confirmation from Bournemouth hospital of my condition, 1st MTP joint arthritis with mid foot arthritis bilaterally. This condition affects my walking and is considered a disability protected by the act.
2. Proof of Payment for Parking

I paid for 3 hours of parking on the day in question, as evidenced by the attached ticket. The vehicle was recorded as being on site for 3 hours and 10 minutes, which includes time spent entering and exiting the car park, struggling to enter and exit the vehicle due to lack of accessible parking bays and time to get to and from and waiting at the payment machine.

Under Section 16.1 of the BPA CoP, it specifically states that individuals with disabilities may reasonably require more time to access payment systems and exit the car park. The BPA Code of Practice further specifies that operators must allow for grace periods. The 10-minute overstay clearly falls within a reasonable grace period, particularly in light of my mobility challenges.

3. Request for Cancellation

Given the above points—ParkingEye’s failure to comply with the Equality Act 2010 and the BPA Code of Practice (Section 16), proof of payment, allowance for a reasonable grace period, I request that this Parking Charge Notice be cancelled immediately. If this appeal is not upheld, I expect a POPLA code where I will escalate the matter. I will also consider further legal action due to unlawful discrimination under the Equality Act.

Supporting Evidence:

1. Copy of my Blue Badge.
2. Ticket  for 3 hours of parking.
3. Letter from senior consultant at Bournemouth hospital with diagnosis.

Thanks for reply,

Just want to check whether you think the lack of a disabled space is relevant in this case. BCP council who issued the blue badge are very specific regarding it being out of date. Because they’re behind in renewals driver can still use out of date badge in council run car parks, but it’s not valid in private car parks. The driver couldn’t have used the disabled space even if there was one. In this case the drivers out of date badge is being used to prove (alongside hospital diagnosis) that they should  have been given longer time to buy ticket because they struggle walking. Earlier in thread someone posted that equalities act applies even if drivers badge is out of date (or even if they don’t have a blue badge). 

Have now had reply from Parking Eye. Refused appeal because tarrif paid was insufficient for entire stay. As a goodwill gesture they are extending discount for another 14 days, I presume this is in the hope we’ll pay it. I presume I now use exactly the same reasons when submitting the  Popla appeal?

Have now had reply from Parking Eye. Refused appeal because tarrif paid was insufficient for entire stay. As a goodwill gesture they are extending discount for another 14 days, I presume this is in the hope we’ll pay it. I presume I now use exactly the same reasons when submitting the  Popla appeal?

A POPLA appeal will use the same points but also some additional ones and is presented in a different manner. As requested above, please show us the content of the appeal rejection.

There is no rush to submit the POPLA appeal. You have 33 days from the date of the appeal rejection to submit it. (not the 28 days stated)

I don’t understand how they have rejected an appeal

Because they don't make any money from accepting appeals.