Author Topic: MET PARKING SERVICES - MCDONALDS - PARKING OR WAITING IN A DISABLED BAY WITHOUT DISPLAYING BLUE BADGE  (Read 994 times)

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PCN Below:
https://i.postimg.cc/90WnhT0x/temp-Image-QBHWSr.avif
https://i.postimg.cc/wM6GpJ39/temp-Imagey6-P3q-T.avif

On behalf of the registered owner. The driver pulled into the Mcdonalds blue badge bay and goes to order Mcdonalds on the app and then go in to collect it afterwards. However the food wanted wasn't in stock and pulled away shortly after, photo's online confirm driver was there for 5 minutes and 30 seconds.

There was a blue badge holder in the car and blue badge would have been shown if they would have ordered the food and got out the car. This was not the case and shortly after drove away.

Any advice how to take this forward would be great.


Pics shown online of the car:
https://i.postimg.cc/HnzktfrL/temp-Imagea2-Ew-Og.avif
https://i.postimg.cc/Hnzktfrg/temp-Imagec0-Ep3g.avif
https://i.postimg.cc/FzpHx2Yz/temp-Image-Cjk-Fp-T.avif
https://i.postimg.cc/y6yxBSvZ/temp-Imagehv-ODc-G.avif
https://i.postimg.cc/x851PWXC/temp-Image-VHu-ZP8.avif

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Total period of parking is not shown on the NtK which makes the NtK non-compliant with PoFA - as such liability cannot be transferred to the keeper under PoFA.

Time on site is less than the allowable consideration period so (even if the driver were to be identified) there is no contract with the parking company as the driver can claim, "I looked at the terms and conditions and, after due consideration, I decided to leave." - meaning contract was ever accepted.



Worth noting that lots of these places now have specific cameras covering each disabled bay with the intention of catching people who either don't display badges or people who display but don't realise that they still have to register their reg on the tablet system inside the venue in question.

Under PoFA 2012 Sch. 4 para 9(2)(a), the NtK itself must “specify the period of parking to which the notice relates.” If the NtK only says “the period immediately prior to the contravention” (without a stated duration or start/end window) and shows just a single in-situ photo, that is not a stated “period of parking”. Later-viewable, timestamped stills on a portal cannot retrospectively cure a statutory omission on the NtK.

This is how you would phrase an appeal point to POPLA that the NtK is not fully compliant with all the requirements of PoFA and so there can be no Keeper liability:

Quote
The NtK fails PoFA Sch.4 para 9(2)(a) because it does not specify any period of parking; it merely refers to ‘the period immediately prior to the alleged contravention’ and supplies only a single still image. Later-supplied portal images cannot retrospectively amend or ‘substantially’ comply with a mandatory NtK requirement. Keeper liability therefore does not arise.
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