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Incorrectly alleged to park in a Disabled Bay
Percy Cution
post Tue, 30 May 2023 - 11:52
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Grateful for any quick pointers pls before we appeal this.

PCN ticket attached in a supermarket car park for 'Parking in a Disabled Bay without clearly displaying a Valid Disabled Badge'.

The bay was not marked as Disabled though. The driver parked in the bay on the right which I assume is a marking for people with trolleys/prams/kids. The supermarket manager confirmed it wasn't a disabled bay.

[IMAGE REMOVED FOR NOW]

The owner of the business vehicle will appeal online to the parking operator stating the contravention they allege didn't occur as where they parked was not a disabled bay and that they are happy for the matter to go to court.

Thanks

This post has been edited by Percy Cution: Tue, 30 May 2023 - 18:42
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post Tue, 30 May 2023 - 11:52
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hcandersen
post Thu, 1 Jun 2023 - 18:05
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If they can prove what they allege then its a slam dunk for them and the PCN is due with bells on! But that is utterly impossible as the vehicle was never in the disabled bay.

Why isn't this that simple!!!???


Be objective. How would you know it was never in the bay if you weren't the driver?

If you were, then your first-hand knowledge would carry conviction and be compelling.

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The Rookie
post Fri, 2 Jun 2023 - 07:24
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QUOTE (Percy Cution @ Thu, 1 Jun 2023 - 18:46) *
Why isn't this that simple!!!??? biggrin.gif

That's been explained 3 times, what different explanation will you understand?

A defective invoice wouldn't mean you don't owe for goods (or in this case service) received, you would just get a corrected invoice. There is all under contract law and this is perfectly normal.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
Rookies 1-0 Warwick
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Percy Cution
post Fri, 2 Jun 2023 - 10:55
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QUOTE (hcandersen @ Thu, 1 Jun 2023 - 19:05) *
If they can prove what they allege then its a slam dunk for them and the PCN is due with bells on! But that is utterly impossible as the vehicle was never in the disabled bay.

Why isn't this that simple!!!???


Be objective. How would you know it was never in the bay if you weren't the driver?

If you were, then your first-hand knowledge would carry conviction and be compelling.


Because the driver told me and also showed me an image of where it WAS parked. If they can show otherwise then its fair game.

To be honest I think this is getting too time consuming, unclear and uncertain over £35 and I will just request employer pay them.

I appreciate the input nuggets but may be a bit thick and lack the experience and background to join the dots and put it all together. Appreciate the efforts but a proper legal babysitter may be required and this doesn't warrant it! Cheers
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Percy Cution
post Mon, 12 Jun 2023 - 18:50
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Being very very green and amongst experts who were sometimes patronising/understandably short of time/owed me nothing I went to pay this. It irked on principle but £35 v my hourly rate and being time poor with dogs/kids/3 businesses was the head choice.



biggrin.gif biggrin.gif biggrin.gif biggrin.gif

I've been reading a few more threads since and understand the acronyms and common basics a lot more now so forgive me and thanks for any help.

This whole private parking industry is an utter mess still - the far more tenacious chap challenging Gatwick for a 5 min drive through based on unreadable 'pay to pass' signs being a case in point. He's worked it out well and had great support - brilliant!
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Redx
post Tue, 13 Jun 2023 - 00:47
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It will carry on being the utter mess it's been for over a decade until the DLUHC get going on the new CoP and appeals process next year, long overdue since the late monarch gave royal assent to the Private parking bill, 2019.!!

Hopefully the industry will be regulated from next year, for new pcns, because something like 10 million are issued annually
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