DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 35948--------------------------------------------------
Re: Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: H C Andersen
Date: September 6, 2024, 3:26 pm
---------------------------------------------------------
The PCN states: time on site 3 hrs 10mins.
OP states parking rights for 3-hr period were purchased at
11.57.
Min. 10 minutes' grace to be applied.
OP, what proof do you have of purchasing 3 hours and this being
allocated to your VRM?
#Post#: 35972--------------------------------------------------
Re: Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: Beast man
Date: September 7, 2024, 2:16 am
---------------------------------------------------------
There were no disabled bays on site. The only thing that
complicates this line of appeal is the blue badge ran out on
21/8. BCP council who issued it are behind with renewals. They
have told driver that out of date badge can be used in BCP
council car parks & council roads as it’s a known issue that
they are way behind in renewals. However, they have said the
that this doesn’t apply to private car parks. I mentioned the
blue badge because it shows the driver may have needed 10 mins
to get ticket. Driver does have Doc & hospital letters detailing
drivers problem with osteoarthritis in feet & ankles which means
driver struggles to walk.
#Post#: 35973--------------------------------------------------
Re: Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: Beast man
Date: September 7, 2024, 2:19 am
---------------------------------------------------------
The driver has bank statement & screenshot of Apple Pay from
contactless payment with time on. Does not have proof it’s
linked to CRN
#Post#: 36009--------------------------------------------------
Re: Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: b789
Date: September 7, 2024, 7:33 am
---------------------------------------------------------
on the signage at this location, is there any mention of
requiring a blue badge or that blue badge holders are not exempt
from paying for parking, even though there are no accessible
bays for people with disabilities?
In June 2023, according to GSV, there were no signs at the
entrance to the private land that can be seen from Wimborne High
Street.
#Post#: 36012--------------------------------------------------
Re: Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: b789
Date: September 7, 2024, 7:48 am
---------------------------------------------------------
A bespoke appeal to PE is required. You do not have to have a
blue badge to be covered by the Equality Act 2010 (EA). Even if
the blue badge is expired, if you have a protected charectristic
(disability). I don't think there is any advantage using the
PoFA flaw and the driver should be identified.
Under the EA, ParkingEye are required to make reasonable
adjustments for disabled individuals. In this case, if the car
park did not have accessible bays and you required additional
time to enter and exit your vehicle due to your disability, PE
are obliged to consider this a reasonable adjustment.
Here is a bespoke appeal you could try:
--- Quote ---
> Appeal Against PCN [PCN Number]
>
> I am appealing this Parking Charge Notice (PCN) as the
registered keeper, based on the following grounds:
>
> 1. Breach of the Equality Act 2010: Unlawful Indirect
Discrimination and Non-Compliance with BPA Code of Practice
(Section 16)
>
> ParkingEye has breached my rights under the Equality Act 2010
by failing to make reasonable adjustments for individuals with
disabilities, as outlined in the latest version of the British
Parking Association (BPA) Code of Practice v9, Section 16.
>
> Section 16.1 of the BPA CoP requires that parking operators
accommodate people with disabilities by making reasonable
adaptations, such as providing more time to access payment
machinery, longer grace periods, or accessible ways to pay.
However, ParkingEye has not made any such reasonable adaptations
for the disability, which affects my mobility as I struggle to
walk and required additional time as I had to wait behind 2
other people at the ticket machine. A ticket, valid for 3 hours,
was purchased at 11:57.
>
> Furthermore, there are no accessible bays at this carpark,
which is another failure of ParkingEye to adhere to Section 16.1
of the BPA CoP, and constitutes indirect discrimination. As
noted in Section 16.3, if the Blue Badge scheme is recognised,
designated Blue Badge bays should be clearly marked and properly
monitored to prevent inappropriate use, which was not the case
in this car park.
>
> By failing to provide accessible bays and appropriate
adaptations for disabled individuals, ParkingEye has unlawfully
discriminated against me under the Equality Act 2010.
Discrimination, whether direct or indirect, is unlawful. Now
that I have notified you of my Blue Badge and protected
characteristics, any further failure to make reasonable
adjustments would be classified as direct discrimination.
>
> I have attached a copy of my Blue Badge as evidence of my
protected characteristics under the Equality Act.
>
> 2. Proof of Payment for Parking
>
> I paid for 3 hours of parking on the day in question, as
evidenced by the attached ApplePay receipt. The vehicle was
recorded as being on site for 3 hours and 10 minutes, which
includes time spent entering and exiting the car park,
struggling to enter and exit the vehicle due to lack of
accessible parking bays and time to get and from and waiting at
the payment machine.
>
> Under Section 16.1 of the BPA CoP, it specifically states that
individuals with disabilities may reasonably require more time
to access payment systems and exit the car park. The BPA Code of
Practice further specifies that operators must allow for grace
periods. The 10-minute overstay clearly falls within a
reasonable grace period, particularly in light of my mobility
challenges.
>
> 3. Request for Cancellation
>
> Given the above points—ParkingEye’s failure to comply with the
Equality Act 2010 and the BPA Code of Practice (Section 16),
proof of payment, allowance for a reasonable grace period, I
request that this Parking Charge Notice be cancelled
immediately. If this appeal is not upheld, I expect a POPLA code
where I will escalate the matter. I will also consider further
legal action due to unlawful discrimination under the Equality
Act.
>
> Supporting Evidence:
>
> 1. Copy of my Blue Badge.
> 2. ApplePay receipt for 3 hours of parking.
--- End Quote ---
Any other regulars care to comment?
#Post#: 36016--------------------------------------------------
Re: Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: DWMB2
Date: September 7, 2024, 8:27 am
---------------------------------------------------------
Another point I noted is that the notice says the stay was "3
hours 10 minutes" - by that reckoning, within the 10 minute
grace period. I notice the ANPR images confirm it was 50 seconds
longer than that, but a point could potentially be added that 50
seconds is de minimis. Perhaps not the strongest argument given
part of the purpose of a grace period is to eliminate the sharp
practice of issuing charges for overstays of a few seconds.
But if ParkingEye's own notices record "Time in car park" only
in whole minutes (rounded down) then potentially worth raising.
#Post#: 36090--------------------------------------------------
Re: Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: Beast man
Date: September 8, 2024, 8:49 am
---------------------------------------------------------
Thanks for replies, driver is going to appeal based on their
disability & 10 mins. Helpfully driver has also found ticket,
which links 3 hour payment to Registration number.
Visited the site with driver today. Sign says “blue badge
holders tarrifs and all terms and conditions apply”. There is no
specific blue badge places. Paced out distance from where driver
parked and machine, and it is 40 yards approx. Driver says they
tried to pay by coins first, but machine wouldn’t accept
(despite saying it did). Driver then had to input registration
again after changing payment method, so this caused even further
delay.
Driver is going to send them blue badge copy (out of date, but
proving disability), the email from BCP council acknowledging
application to renew, & letter from specialist confirming
arthritis in feet and ankles. Together with ticket linked to
registration timed at 11:57.
Nowhere does it say parking time starts from when car enters car
park,should driver state they thought parking was from when
ticket was issued, making the overstay 4 mins, not 10. Or is
that irrelevant to any appeal?
Thanks again, great advice and a real help.
#Post#: 36091--------------------------------------------------
Re: Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: b789
Date: September 8, 2024, 9:03 am
---------------------------------------------------------
Please show us what you intend to send before it is sent. Some
wording will be critical.
#Post#: 36103--------------------------------------------------
Re: Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: Beast man
Date: September 8, 2024, 11:28 am
---------------------------------------------------------
Appeal Against PCN [PCN Number]
I am appealing this Parking Charge Notice (PCN) as the
registered keeper, based on the following grounds:
1. Breach of the Equality Act 2010: Unlawful Indirect
Discrimination and Non-Compliance with BPA Code of Practice
(Section 16)
ParkingEye has breached my rights under the Equality Act 2010 by
failing to make reasonable adjustments for individuals with
disabilities, as outlined in the latest version of the British
Parking Association (BPA) Code of Practice v9, Section 16.
Section 16.1 of the BPA CoP requires that parking operators
accommodate people with disabilities by making reasonable
adaptations, such as providing more time to access payment
machinery, or longer grace periods. However, ParkingEye has not
made any such reasonable adaptations for the disability, which
affects my mobility as I struggle to walk and required
additional time as I had to wait behind 2 other people at the
ticket machine. The machine was also unable to accept coins at
that time, which added a delay whilst I tried to use a
contactless method (something I am not particularly familiar
with). A ticket, valid for 3 hours, was purchased at 11:57.
Furthermore, there are no accessible bays at this carpark, which
is another failure of ParkingEye to adhere to Section 16.1 of
the BPA CoP, and constitutes indirect discrimination. As noted
in Section 16.3, if the Blue Badge scheme is recognised,
designated Blue Badge bays should be clearly marked and properly
monitored to prevent inappropriate use, which was not the case
in this car park.
By failing to provide accessible bays and appropriate
adaptations for disabled individuals, ParkingEye has unlawfully
discriminated against me under the Equality Act 2010.
Discrimination, whether direct or indirect, is unlawful. Now
that I have notified you of my Blue Badge and protected
characteristics, any further failure to make reasonable
adjustments would be classified as direct discrimination.
I have attached a copy of my Blue Badge as evidence of my
protected characteristics under the Equality Act. I also attach
confirmation from Bournemouth hospital of my condition, 1st MTP
joint arthritis with mid foot arthritis bilaterally. This
condition affects my walking and is considered a disability
protected by the act.
2. Proof of Payment for Parking
I paid for 3 hours of parking on the day in question, as
evidenced by the attached ticket. The vehicle was recorded as
being on site for 3 hours and 10 minutes, which includes time
spent entering and exiting the car park, struggling to enter and
exit the vehicle due to lack of accessible parking bays and time
to get to and from and waiting at the payment machine.
Under Section 16.1 of the BPA CoP, it specifically states that
individuals with disabilities may reasonably require more time
to access payment systems and exit the car park. The BPA Code of
Practice further specifies that operators must allow for grace
periods. The 10-minute overstay clearly falls within a
reasonable grace period, particularly in light of my mobility
challenges.
3. Request for Cancellation
Given the above points—ParkingEye’s failure to comply with the
Equality Act 2010 and the BPA Code of Practice (Section 16),
proof of payment, allowance for a reasonable grace period, I
request that this Parking Charge Notice be cancelled
immediately. If this appeal is not upheld, I expect a POPLA code
where I will escalate the matter. I will also consider further
legal action due to unlawful discrimination under the Equality
Act.
Supporting Evidence:
1. Copy of my Blue Badge.
2. Ticket for 3 hours of parking.
3. Letter from senior consultant at Bournemouth hospital with
diagnosis.
#Post#: 36110--------------------------------------------------
Re: Parking eye pcn- 10 min overstay- Wimborne high st
DIR By: b789
Date: September 8, 2024, 12:36 pm
---------------------------------------------------------
That looks good. However, you may want to emphasise this point:
--- Quote ---
> Furthermore, there are no accessible bays at this carpark,
which is another failure of ParkingEye to adhere to Section 16.1
of the BPA CoP, and constitutes indirect discrimination. As
noted in Section 16.3, if the Blue Badge scheme is recognised,
designated Blue Badge bays should be clearly marked and properly
monitored to prevent inappropriate use, which was not the case
in this car park.
--- End Quote ---
to
--- Quote ---
> The Equality Act 2010 mandates that reasonable adjustments be
made to ensure accessibility for disabled motorists in car
parks. The Department for Transport's guidelines stipulate that
6% of parking bays at shopping, leisure, or recreational car
parks should be designated for disabled users. At the car park
in question, not a single accessible bay is provided.
>
> Despite displaying terms and conditions signage that
acknowledges the Blue Badge scheme, ParkingEye has failed to
adhere to Section 16.1 of the BPA CoP, and this constitutes
indirect discrimination. As noted in Section 16.3, if the Blue
Badge scheme is recognised, designated Blue Badge bays should be
clearly marked and properly monitored to prevent inappropriate
use, which was not the case in this car park.
>
> ParkingEye has failed to provide any accessible bays, thereby
neglecting to make the reasonable adjustments required by law.
Disabled drivers, including myself, require additional space to
safely enter and exit their vehicles. The absence of accessible
bays, coupled with the expectation for disabled motorists to pay
without any special provisions, represents a clear failure to
meet legal obligations.
>
> Moreover, in this instance, I have a recognised protected
characteristic and faced difficulties exiting and entering the
vehicle. I also had to queue to make payment, contributing to
the vehicle being recorded 'on site' for 3 hours and 10 minutes
— 10 minutes longer than the purchased parking time of 3 hours.
The vehicle was not parked for the full 3 hours and 10 minutes,
yet ParkingEye has issued a PCN based on this without taking
into account any grace period. By quoting the Blue Badge scheme
on your signage but failing to make necessary adjustments,
ParkingEye has acted unlawfully, engaging in indirect
discrimination under the Equality Act 2010."
--- End Quote ---
*****************************************************
Page 2 of 4
DIR Previous Page
DIR Next Page