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Anchor Security, last minute due to keeper being old
Mr_Mark
post Sat, 16 Nov 2019 - 14:20
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Afternoon all I have a problem well my Mother (83 year old) has the problem

A car that my mother is the keeper of received a parking charge on 6th of June 2019 and in her wisdom she decided to keep binning the letters and ignoring it
I found a letter today off Zenith collection so I did some investigation and now require the collective wisdom of the site please
The notice is regarding parking in a blue badge only bay at a train station car park but not displaying it the car park is free to use by rail passengers
She has a blue badge but the confusion for me is there are conflicting signs in the car park which I will add one of them is a sign from care parking which states blue badges must be displayed
The other is a northern rail sign which gives the terms for parking one of which states disabled bays are for legitimate blue badge holders only but has no mention of displaying said badge and the penalties are different
I am sure this charge can be squashed but the issues I have are the lateness of appeal and also which sign takes precedence the railway bye law or the care parking sign and who do I send the appeal to?
Any help would be appreciated
the letter I have says she has until the 26th of Nov to pay so I have 10 more days to decide how best to deal with this

Thanks




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post Sat, 16 Nov 2019 - 14:20
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ostell
post Sat, 16 Nov 2019 - 15:33
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As a consumer you are entitled to rely on the terms most advantageous to you. Were these additional conditions readily visible from the location of parking?

Of course you could always respond that this land is subject to byelaws and is therefore not relevant land for the purpose of Section 4 of the protection of Freedoms Act 2012 and the keeper cannot be held liable for the action of the driver.

They only have 6 months to bring an action under the byelaws so keep the letter pingpong going till it times out. Send them copies of that photo that does not require a badge to be displayed.

If the letters are from care parking then respond to them. Do not identify the driver.

This post has been edited by ostell: Sat, 16 Nov 2019 - 15:35
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Mr_Mark
post Sat, 16 Nov 2019 - 15:40
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Thanks ill get on it now I just need to find the details of care also should I send them a copy of the blue badge to show that if she were the driver she complied with the conditions to park anyway?
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Mr_Mark
post Sat, 16 Nov 2019 - 16:06
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The bellow is the appeal do you think it will suffice?

Contravention date 04/06/19
The appeal is on the grounds that this land is subject to byelaws and is therefore not relevant land for the purpose of Section 4 of the protection of Freedoms Act 2012 and the keeper cannot be held liable for the action of the driver.
Also the signs clearly state that the bays are for blue badge holders only and the registered keeper does in fact hold a blue badge so if she were driving and had parked on the site she would fulfil the conditions set out in the signage.
I have attached 2 images from the site that show firstly that the land is subject to byelaws and that the person parking is only required to hold a blue badge to be able to use the bay
I can on request send a copy of the blue badge
Please also note I tried to use the link on your website that takes you to the form you require appeals to be submitted on but your link is broken so you may see fit to repair this ar some point.
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ostell
post Sat, 16 Nov 2019 - 16:56
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After the para about not relevant land add in that even if it were relevant then....

Edit out the indication of who could gave been driving, it was the driver. You hint at the driver and all is lost! The driver is a Blue badge holder
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The Rookie
post Sat, 16 Nov 2019 - 16:57
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Who are you sending this to?

Not to Zenith I trust?


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Mr_Mark
post Sat, 16 Nov 2019 - 17:17
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Thanks I'll make the changes and it's being sent to care parking via the appeals process
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Mr_Mark
post Sat, 16 Nov 2019 - 17:35
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revised appeal

Contravention date 04/06/19
The appeal is on the grounds that this land is subject to byelaws and is therefore not relevant land for the purpose of Section 4 of the protection of Freedoms Act 2012 and the keeper cannot be held liable for the action of the driver.
Also as the signs clearly state that the bays are for blue badge holders only with no mention of displaying said badge and the driver does in fact hold a blue badge they would fulfil the conditions set out in the signage.
I have attached 2 images from the site that show firstly that the land is subject to byelaws and that the person parking is only required to hold a blue badge to be able to use the bay
Please also note I tried to use the link on your website that takes you to the form you require appeals to be submitted on but your link is broken so you may see fit to repair this at some point.
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Half_way
post Sat, 16 Nov 2019 - 20:25
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Instead of the driver, or passenger, or front seat passenger/back set passenger etc, holds a blue badge its much better to refer to the blue badge holder as an occupant of the vehicle, or even better: an occupant of the vehicle has a disability which is a protected characteristic under the Equality act
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Mr_Mark
post Sat, 16 Nov 2019 - 20:29
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Thanks I'll have a look at my mail
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mickR
post Sat, 16 Nov 2019 - 20:51
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This is one for schoolrunmum, excellent on equality act issues.
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Mr_Mark
post Sat, 16 Nov 2019 - 20:54
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Yes shes very good but doesn't get on as much I believe
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Mr_Mark
post Mon, 18 Nov 2019 - 10:38
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The appeal was rejected without consideration because it's out of time so they are saying they will carry on with recovery with whatever means they see fit but at least I've engaged with them so let's see what's next
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nosferatu1001
post Tue, 19 Nov 2019 - 11:19
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Recovery - baguely scary looking letters. Ignore them
DONT ignore LBA or court claim form. You will know what these look like from the threads youve read.
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Mr_Mark
post Tue, 19 Nov 2019 - 11:25
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I'm just waiting to see which track they try whether it's small claims or they try having a go with the bye law and magistrates but I'm reasonably sure I can win either if necessary but I dont fancy dragging my mother to the magistrates court
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nosferatu1001
post Tue, 19 Nov 2019 - 12:16
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Does the notice say PENALTY or PARKING charge?

Thats your first clue as to the route they will take.
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Mr_Mark
post Tue, 19 Nov 2019 - 12:26
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Penalty charge I believe and as the signs from them say 60 pounds then 100 after 14 days I dont think they can go for the bye law because that's a 50 fine with no increase

Sorry parking charge of 60 not penalty my mistake
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nosferatu1001
post Tue, 19 Nov 2019 - 12:27
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Indeed, so civil only.
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Mr_Mark
post Tue, 19 Nov 2019 - 13:14
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Yes and the defence is bye laws cover the site
As a matter of interest would it be worth contacting Northern rail or should I wait a couple of weeks until the 6 months is up?
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nosferatu1001
post Tue, 19 Nov 2019 - 14:10
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What would contacting them achieve?
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