private parking fine, blue badge and unknown marking+ bad signage |
private parking fine, blue badge and unknown marking+ bad signage |
Fri, 17 Sep 2021 - 16:35
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#1
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Member Group: Members Posts: 106 Joined: 14 Sep 2016 Member No.: 87,124 |
Hello, back again..
i recently popped into town and know of a car park that as far as i was aware was council permit bays, parked in there and i did not realise the man i saw walking through the car park was a private warden, parked in the bay and went to town, came back to the male asking why i parked there and saying he had given me a ticket, he told me there were signs and i need to learn to read. he also denied on camera that he saw me enter the car park despite him looking straight at me and walking infront of me. i was miffed that he watched me drive into the car park and park my car, get out and walk away and did not think to tell me it was private. the road leading up to this car park is all council parking bays and double yellows which lead me to believe this was indeed a council bay, however upon speaking to the male it was made known that it was private and there as signs to say so.. yes.. a decent distance away not easy to see hidden behind disgusting bins as youll see infront of me when i park (ignore my horrendous attempt at parking the traffic warden didnt make it any easier walking across the front of me) i did have my blue badge in the window as i thought it was a council bay. i have added photos of both sides of the letter which arrived today and dash cam footage of me parking. letter: https://imgur.com/a/uhRxSRS dash cam: https://youtu.be/c8qy9NGmUMI as you can see the council signage as im driving in with the permit zones signage on the right hand side. i notice it does not state how to appeal on the letter which is unhelpful This post has been edited by hahadumball: Fri, 17 Sep 2021 - 16:39 |
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Fri, 17 Sep 2021 - 16:35
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Fri, 17 Sep 2021 - 17:12
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#2
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Member Group: Members Posts: 41,506 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
The reverse gives instructions to appeal but they'll reject anything you say (because they can).
Ultimately, you need to decide whether to defend this at court - they are litigious. The 'warden' should have interjected which may assist. But blue badges do not have any statutory meaning on private land. I can't view the video at the moment but poor signage would be another angle. -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Fri, 17 Sep 2021 - 17:40
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#3
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
I couldn't see an obvious sign that said private parking
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Fri, 17 Sep 2021 - 18:00
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#4
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Member Group: Members Posts: 106 Joined: 14 Sep 2016 Member No.: 87,124 |
I couldn't see an obvious sign that said private parking There was no obvious signs, only visible signs were the council permit signs which allow bb use which is what I did, the private parking signs are there just far away enough that you can't view them easily and to read the smaller print you need to squeeze past giant bins |
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Fri, 17 Sep 2021 - 18:57
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#5
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Member Group: Members Posts: 41,506 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
The video doesn't give the parking company a strong case...
The 'warden' didn't seem to want to mitigate any 'losses'. -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Sat, 18 Sep 2021 - 06:22
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#6
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Member Group: Members Posts: 106 Joined: 14 Sep 2016 Member No.: 87,124 |
So it seems my grounds for appeal would be unclear signage, wardens failure to mitigate losses, unsure if throwing in the warden telling me "I need to learn to read" after knowing I have a blue badge which could be on the boundary of disability discrimination as an extra push for them to rethink this ticket
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Sat, 18 Sep 2021 - 07:49
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#7
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Member Group: Members Posts: 41,506 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
unsure if throwing in the warden telling me "I need to learn to read" The retort should have been "You need to put up clean signage"..................... (Especially at the entrance) But no profit in that... -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Sat, 18 Sep 2021 - 10:39
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#8
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Member Group: Members Posts: 106 Joined: 14 Sep 2016 Member No.: 87,124 |
i guess if nobody has anything else to add ill appeal on the grounds above and submit the video and hope.
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Sun, 19 Sep 2021 - 07:36
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#9
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Member Group: Members Posts: 4,363 Joined: 9 Apr 2021 Member No.: 112,205 |
Post a draft here first if you want feedback on it
-------------------- Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | British Parking Association (BPA) Code of Practice | International Parking Community (IPC) Code of Practice |
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Sun, 19 Sep 2021 - 08:36
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#10
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Member Group: Members Posts: 557 Joined: 30 Oct 2020 From: West Mids Member No.: 110,385 |
You can just about see a number of signs dotted around.
However there is no entrance signage at all. The toothbrush case also comes to mind... |
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Sat, 16 Oct 2021 - 13:19
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#11
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Member Group: Members Posts: 106 Joined: 14 Sep 2016 Member No.: 87,124 |
so, i appealed on the grounds of the signage and threw in about the fact it looked like a council zone due to the council permit zones all around the area, appeal was submitted as seen below
https://i.imgur.com/BS1Wc2U.png it stated if i hear nothing within 28 days assume its been canceled.. 28 days later which is today i got this formal demand: https://i.imgur.com/Y1464r7.jpg what is the process from here, call them? This post has been edited by hahadumball: Sat, 16 Oct 2021 - 13:22 |
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Sat, 16 Oct 2021 - 13:56
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#12
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Member Group: Members Posts: 10,695 Joined: 23 Apr 2004 From: Not in the UK Member No.: 1,131 |
Phone nobody.
Send them an email if you must. |
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Sat, 16 Oct 2021 - 21:27
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#13
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Complain to the ata that no response to appeal was receieved yet they are chasing
Ask what sanctions will be applied. Then laugh, as no sanction will be applied to the corrupt scum. |
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Mon, 18 Oct 2021 - 15:59
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#14
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Member Group: Members Posts: 106 Joined: 14 Sep 2016 Member No.: 87,124 |
resubmitting with the below.. how does it look
QUOTE to whom it may concern, I had previously appealed this parking charge on 18/09/2021 which i have attached a screenshot of when i had submitted the appeal however i have since received a formal demand for the outstanding so i am resubmitting my appeal as below.
On this occasion I had driven into the car park via Pound way which on entry shows council parking zone A1 signs with bays, due to this i continued to drive into pound way and parked my car in a free bay, whilst doing so i noticed what looked to be a council enforcement officer looking at the cars, the officer looked directly at me and walked across the front of my car as i parked in a marked bay. I proceeded to place my Blue Badge on the windscreen of my vehilce which would allow me to park in a council marked bay, which is as far as i could tell was a council parking bay signified by the council A1 permit zone signs on entry, There was not a single sign on entry to the car park visible in my direction of driving when entering the area. Upon returning to my vehicle i noticed the enforcement officer stood by my vehicle, he asked why i had parked there and i informed him i had used my Blue Badge assuming he had not noticed this, it was at this point he informed me it was private land, i queried this as the signs i could see on entry and infact stood by my vehicle are council permit signs. The officer then pointed out the signs that were some distance away hidden away behind disgusting industrial bins that he himself had to squeeze past to read them, I agreed that once he had walked around 25m-30m meters and squeezed past some dirty industrials bins that the signage did state it was private land however i informed the officer it was not clear and too far to adequately read or even notice from the parking bays which the officer responded by telling me that i need to learn to read which i found deeply offensive and considering the officer was aware i was displaying a blue badge quite innapropriate and bordering disability discrimination. I had my dash cam in my vehicle recording the entire time which i have attached which shows no signs on entry other than the council parking signs and the signage available is unclear and not easily visible as well as the parking officer walking past my vehicle, looking directly at me and watching me park and leave before placing a ticket which shows he did not attempt to mitigate any losses. I am appealing this penalty notice on the following grounds: Unclear signage with no signage on entry and the enforcement officers lack of attempt to mitigate any loss or inform me it was a private car park upon parking. I trust you will see fit to cancel this parking notice on those grounds. i appreciate a reply. Many thanks |
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Mon, 18 Oct 2021 - 21:01
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#15
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
That's badly written
I said complain to the ata. |
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Mon, 25 Oct 2021 - 07:29
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#16
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Member Group: Members Posts: 106 Joined: 14 Sep 2016 Member No.: 87,124 |
That's badly written I said complain to the ata. Sorry I'm autistic as hell and writing is my weakness sadly, I looked on bpa website but it doesn't have UK cpm listed under the complaints section so unsure where to go with it This post has been edited by hahadumball: Mon, 25 Oct 2021 - 07:32 |
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Mon, 25 Oct 2021 - 07:58
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#17
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Member Group: Members Posts: 4,363 Joined: 9 Apr 2021 Member No.: 112,205 |
They're a member of the IPC, not BPA
-------------------- Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | British Parking Association (BPA) Code of Practice | International Parking Community (IPC) Code of Practice |
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Mon, 25 Oct 2021 - 08:10
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#18
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Member Group: Members Posts: 106 Joined: 14 Sep 2016 Member No.: 87,124 |
That would explain it ill check there.
I'm stressed with the fact they make it impossible to get a response or a way to contact them to find out if they have even seen my appeals, im now 16 days overdue so I can't even pay the reduced rate just to get rid of it, it's now £100 and it's looking like I'm going to have to pay it just to get rid of it before it gets to debt collection stage |
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Mon, 25 Oct 2021 - 08:53
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#19
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Member Group: Members Posts: 2,053 Joined: 20 May 2013 Member No.: 62,052 |
The debt collection stage is completely harmless. A debt collection company will just send you a few scary-sounding but impotent letters with vague warnings about court action, and with a ficticious £60 fee added on. After they give up, the original PPC may then chose to take you to court, where if you lose, you will then actually owe them money.
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Fri, 19 Nov 2021 - 08:00
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#20
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Member Group: Members Posts: 106 Joined: 14 Sep 2016 Member No.: 87,124 |
so after sending my 2nd appeal on 18/10/2021 as the first was ignored i have now received a debt collection letter from debt recovery plus for £170, I have complained to the ipc just waiting on them now i guess
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