URI:
   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       have told driver that out of date badge can be used in BCP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