Appealing a PCN Stuck to Windscreen, Challenging a PCN Stuck to Windscreen Options

[MelBlanc]

A vehicle was given a PCN whilst parked in a disabled badge without a Blue Badge being displayed. It was a retail park and the driver was visiting a leisure facility with a disabled child and other children. The driver had an issue with the disabled child having a "meltdown" and knocking the badge off the dash. Are there any grounds for appeal? The driver contacted the leisure facility but they said they could not help and that they should contact the retail management company. Should this be done before contacting the car park company who are a member of the BPA.

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[DWMB2]

Yes - absolutely. This is the easiest way to get the charge cancelled - it may be worth the keeper speaking to the company rather than the driver, explaining that an occupant of the vehicle was disabled - mention that the Equality Act requires that reasonable adjustments are made regardless of the presence of a blue badge, and also show them the blue badge explaining that it was knocked off the dash in the incident you describe.

Can you show us the notice the driver has passed on to you?

[MelBlanc]

Photo of PCN

This post has been edited by MelBlanc: Mon, 16 May 2022 - 06:45

[Fluffykins]

That photo still shows the ticket barcode. Needs editing more!

[MelBlanc]

Edited now! Thank you.

[The Rookie]

The Equality act 2010 applies here. The landholder is required to make a 'reasonable adjustment' (e.g. Disabled parking bays for those with mobility or access issues) for ALL those with a 'protected characteristic', whether they have a Blue Badge or not. Displaying it is merely a courtesy to show that the person is entitled to use the 'reasonable adjustment' it cannot (in law|) be a requirements even though parking companies would like that to be the case. This is also made obvious in the new Government Code of Practice for private parking which is not yet in force. Even if the landowner won't assist the parking company 'should' cancel when presented with evidence (a copy of the BB) that an occupant had a protected characteristic. Some are good for this, some are not.

[Redx]

As above , so complain to the managing agent who is acting on behalf of the landowner, quoting the Equality act 2010 ( like the retailer said )

No blabbing about who was driving, the royal WE is sufficient

[MelBlanc]

Thank you for all the great suggestions.

I emailed the managing company on Tuesday but have had no response. When should I appeal to the parking company?

[The Rookie]

Just before the time limit!

You appeal as vehicle keeper having been passed the notice by the driver. Basis for the appeal is that a person with a protected characteristic was in the car and was using the reasonable accommodation (both as defined by the equality act) and attach a scan/photo of the BB. Post here for critique before sending!

[MelBlanc]

Can I just check, is the best time to appeal 26 days after receiving the PCN?

[Redx]

Can I just check, is the best time to appeal 26 days after receiving the PCN?

Correct, if you mean windscreen pcn, not postal NTK pcn ( be easier if you always clarify the context )

Personally, I would do so on day 25 following a windscreen pcn, but earlier with a postal NTK PCN

[nosferatu1001]

The best is to ensure your appeal is received BY day 25 or day 26.

[MelBlanc]

Thanks for the replies. Yes it is a PCN attached to a car window. Should I respond online or send in a letter by post?

[Redx]

Every company has different options

Ideally online before day 25 so it arrives by day 28

If by post , obtain a free certificate of posting from the post office counter, not signed for , not special delivery either

Part 2 on the back of that notice tells you those options to appeal ( contest ) it with UKPC

This post has been edited by Redx: Fri, 3 Jun 2022 - 19:29

[MelBlanc]

I am just getting my appeal ready to send next week and I have found the following one size fits all template for parking companies that are part of the BPA. Do I not need to mention the Equality Act 2010?


Re PCN number: *******

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

[Glacier2]

Do not send that template.

[Redx]

The Rookie told you how to appeal as keeper 2 weeks ago

[nosferatu1001]

Postn9. You didn't need to find anything. This ISNT one size fits all.

[MelBlanc]

Thanks for the heads up everyone.

[MelBlanc]

I'm hoping you can help as I have had the following response to my original appeal:

"Thank you for your recent correspondence in relation to the above parking charge.

To assist us in making a decision regarding your appeal, please confirm the full name and address of the
driver to our Appeals Department within seven days of the date of this letter.

This information may be confirmed by submitting another appeal on our website at
www.ukpcappeals.co.uk, or by post to the address overleaf. Please ensure that if writing to us by post that
you include the parking charge reference number and vehicle registration.

Failure to provide this information will give us no alternative other than to make our final decision based on
the previous information received. At this stage a POPLA verification code will be provided.

The parking charge has been on hold whilst under appeal and may be settled in full at the reduced rate of
£60.

Yours faithfully,

Appeals Department