UKPC - POPLA - disabled bay Options

[AlCapwn]

Hi

I took my mum shopping and parked in a disabled bay. My mum does hold a disabled badge but she'd left it in another car and forgot to bring it with her. As sod's law would have it, first time I parked in a disabled bay without a badge I got a PCN.

I didn't reply to the windscreen ticket but did reply to the NtK (as the keeper).

Predictably UKPC replied rejecting my appeal. Interestingly they sent a letter initially replying to half my points and asking for driver details which I ignored, and in the final letter, barely replied to anything I said.

I intend to take this to POPLA.

Reading through this post, I read through POFA Para 8 and it looks like UKPC have missed some key details:

No mention of 'period of parking'
No mention of parking charge for 'specified period of parking', and as it's a free car park no 'parking charges' apply
No mention of creditor, or at least not in specific terms

In my NtK appeal, I mentioned the signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis, that the amount is not based upon any commercially justifiable loss to your company or the landowner as well as my mitigating circumstances. Their own pictures show tiny the writing is on the signs, and I don't see how a disabled person could read these without needing to leave the vehicle as per BPA code of practice

The other thing is the reply to my NtK appeal is dated 41 days after it was acknowledged by email (25/11/2017 - 05 Jan 2018). They sent a request for driver details but I do not think this is required for the purposes of considering my appeal. Although not the law, this seems to be a breach of the 35 day recommendation by BPA, would this hold any weight?

Also, it's quite distasteful how they say if I appeal to Popla the charge will go up automatically.

I can't upload images here for some reason, they can be found here: https://imgur.com/a/gdCOm

Any advice would be appreciated

Thanks

This post has been edited by AlCapwn: Thu, 11 Jan 2018 - 22:39

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[SchoolRunMum]

Reading through this post, I read through POFA Para 8 and it looks like UKPC have missed some key details:

No mention of 'period of parking'
No mention of parking charge for 'specified period of parking', and as it's a free car park no 'parking charges' apply
No mention of creditor, or at least not in specific terms

Not worth mentioning, as POPLA will consider that minor. Should have appealed as keeper to the windscreen PCN, you'd have got no NTK!

The other thing is the reply to my NtK appeal is dated 41 days after it was acknowledged by email (25/11/2017 - 05 Jan 2018). They sent a request for driver details but I do not think this is required for the purposes of considering my appeal. Although not the law, this seems to be a breach of the 35 day recommendation by BPA, would this hold any weight?

No, but other things do at POPLA.

Also, it's quite distasteful how they say if I appeal to Popla the charge will go up automatically.

No they don't, because it doesn't. The charge is £100. It's just they like to *offer* numpties who might pay up, encouragement to cough up £60 instead as if it's some sort of bargain discount!

I would make a formal complaint to the retail park about disability discrimination and enclose a copy of the Blue Badge.

[AlCapwn]

Yesterday night I emailed the customer service Director of Dunelm as well as a Director of the company which own the site. They got in touch with UKPC and have had the ticket cancelled.

UKPC have told Dunelm they will write to me to confirm it's been cancelled

Big relief as it's been a headache dealing with this

[cabbyman]

Have Dunelm confirmed in writing, as well? Keep that very, very safe. It's not beyond UKPC to suddenly try to resurrect this further down the line.

[AlCapwn]

Yes, I have it in email from them and the landowner

[cabbyman]

Print it and keep it for 7 years!