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#Post#: 35647--------------------------------------------------
Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: Beast man
Date: September 4, 2024, 1:04 pm
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Would appreciate advice as seems incredibly harsh. Driver has
blue disabled badge, photo of arrival taken at 11:51. The driver
struggles walking & had to wait behind 2 other people at ticket
machine, so bought a 3 hour ticket at 11:57. Was photographed
leaving at 15:01. Registered keeper issued PCN for 10 mins over
stay. Driver can prove payment time & blue disabled badge.
Didn’t park in disabled spot as there were none at site ,but
blue badge shows the driver struggles walking.
[img]
HTML https://imgur.com/gallery/parking-eye-jsoqzyt[/img]
[img]
HTML https://imgur.com/gallery/parking-eye-jsoqzyt[/img]
#Post#: 35654--------------------------------------------------
Re: Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: DWMB2
Date: September 4, 2024, 2:00 pm
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To help us help you, please read the following thread and
provide as much of the information it asks for that you are able
to, in particular images of the notice received: READ THIS FIRST
- Private Parking Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/
#Post#: 35811--------------------------------------------------
Re: Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: Beast man
Date: September 5, 2024, 12:26 pm
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I’m struggling to insert pics. Sorry I’m a bit old for this.
I’ll see if I can work it out.
Really just trying to find out whether there is some flexibility
around timings and getting tickets. A 10 min overstay when the
driver is disabled and takes time to buy ticket seems unfair.
#Post#: 35814--------------------------------------------------
Re: Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: b789
Date: September 5, 2024, 12:39 pm
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If you feel you have been issued a PCN unfairly, then it is up
to you whether you wish to do anything about it. We are here to
assist you if you do decide to fight.
We can appreciate that it can be difficult using all this
technology, especially if you are not used to it. However, the
explanation in the link provided is really quite straight
forward if you take your time to try and understand it. I can't
speak for the other regulars on here but I'm a pensioner and it
is only because I have the time to spare that I can assist on
here.
In the meantime, please tell which Private Parking Company (PPC)
has issued the Notice to Keeper (NtK).
#Post#: 35815--------------------------------------------------
Re: Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: DWMB2
Date: September 5, 2024, 12:40 pm
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If you scroll to the bottom of the thread I linked you to,
there's a guide to using Imgur to add images. The upload space
on this website is very limited.
It would be useful to see them as their may be additional appeal
routes.
An argument can be made that a 10 minute grace was insufficient
in the circumstances. Or even that it wasn't exceeded at all,
depending on what the notice says.
#Post#: 35925--------------------------------------------------
Re: Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: Beast man
Date: September 6, 2024, 12:34 pm
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HTML https://i.imgur.com/pZ8rBECh.jpg
HTML https://i.imgur.com/MB42fFYl.jpg
#Post#: 35926--------------------------------------------------
Re: Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: Beast man
Date: September 6, 2024, 12:38 pm
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Finally managed to get there and post pics.
Want to appeal this as driver paid for 3 hours but camera caught
car in car park for 3 hours 10 mins. Don’t know what grounds to
use. Driver has blue badge, and older person. Took a few minutes
to walk to machine, work out payment. Assumed that 3 hours was
from when ticket was placed on screen, not from when the camera
captured them driving in. There were also 3 people in queue when
driver went to pay & only 1 machine on site.
#Post#: 35933--------------------------------------------------
Re: Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: b789
Date: September 6, 2024, 1:19 pm
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Was the vehicle parked in an "Accessible Bay" for blue badge
holders? This is crucial information that we need.
You do have grounds for an appeal. You should also not identify
who the driver is. There is no legal obligation on the Keeper
(presumably you) to identify the driver. There is a technical
flaw in the Notice to Keeper (NtK) that means that PE cannot
transfer liability for the charge from the driver (unknown to
them) to you, the Keeper (known to them).
Whilst PE will argue that the NtK is compliant with PoFA 2012,
the law that allows them to hold the Keeper liable if they don't
know the identity of the driver, the technical flaw is that
there is no "invitation" for the Keeper to pay the charge. PoFA
9(2)(e)(i) requires that the NtK "invites" the Keeper to pay the
charge. There is no "invitation" not any synonym of the word in
that NtK. To be able to transfer liability from the unknown
driver to the known Keeper, the NtK MUST fully comply with ALL
the requirements of PoFA. Partial or even substantial compliance
is not sufficient.
The other points of appeal will be breaches of their own AOS
(the BPA) Code of Practice (CoP). If the vehicle was parked
correctly and had paid for the parking, they have to allow a
"grace period" during which no parking charge can be made.
Section 16.1 of the BPA CoP states:
--- Quote ---
> Where parking is being provided as a service, you need to have
regard to the obligations placed upon you by the Equality Act
2010 and the Services, Public functions and Associations:
Statutory Code of Practice, issued by the Equality and Human
Rights (EHRC), in particular to make reasonable adaptations to
accommodate disabled people. Reference should also be given to
the car park accessibility section in Inclusive Mobility,
guidance published on GOV.UK by the Department for Transport on
the creation and maintenance of an accessible and inclusive
built environment and public realm, an essential document for
those seeking to produce an inclusive environment and meet the
requirements of the Act, including the public sector Equality
Duty, and other legislation.
>
> Many parking operators and landowners choose to recognise the
Blue Badge scheme and provide designated provision with specific
bays which allow more space for opening vehicle doors, getting
in and out of the vehicle, accessing a wheelchair etc. This
might be appropriate for recognising the needs of people with
limited physical mobility, but adaptations are not purely
physical - people with other disabilities might reasonably need
longer consideration period and grace periods, more time to
access payment machinery, and other ways to pay where payment is
required. Recognition of these obligations is important in the
consideration of appeals.
--- End Quote ---
In any initial appeal, it will be necessary to highlight this
rule and their failure to comply with it. You will be required
to show a copy of the blue badge.
The latest Joint CoP shows that all private car parks open to
the public must provide a minimum 10 minute grace period if all
other requirements of the terms have been complied with.
Please let us know the answer to my first question about whether
the car was parked in an accessible bay for blue badge holders.
#Post#: 35934--------------------------------------------------
Re: Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: DWMB2
Date: September 6, 2024, 1:31 pm
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According to the opening post:
[QUOTE] Didn’t park in disabled spot as there were none at site
[/quote]
#Post#: 35935--------------------------------------------------
Re: Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: b789
Date: September 6, 2024, 1:38 pm
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Does that mean that there were accessible spaces but they were
all occupied or that there simply were no accessible bay at the
location?
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