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#Post#: 71901--------------------------------------------------
OPS Parking PCN – No disabled badge displayed – Roe Green Centre
Hatfield
DIR By: ArenJool
Date: May 16, 2025, 4:44 pm
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Hello.
I hope you're all well.
I am the registered keeper. I have just noticed this PCN. I have
not been on top of my mail as I am juggling a few court cases
fighting false allegations.
The driver and two disabled passengers drove into this parking
area. One of them left the car to the coop store to ask what the
conditions of parking were. The car was never vacant. After 6
minutes, the car left the area because the driver did not agree
to the conditions.
Google maps link:
HTML https://maps.app.goo.gl/smww9At9a5BpfPWP6
Can this be successfully fought please?
Thanks.
[attachment deleted by admin]
#Post#: 71917--------------------------------------------------
Re: OPS Parking PCN – No disabled badge displayed – Roe Green
Centre Hatfield
DIR By: b789
Date: May 17, 2025, 12:00 am
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The Notice to Keeper (NtK) is not fully compliant as there is no
evidence that the any contract could have been formed. There is
a minimum consideration period required for the driver to seek
out, read and understand the terms and conditions and to decide
whether to remain or leave.
Four minutes is below the minimum consideration period and
therefore there is no evidence that the driver entered into any
contract before deciding to leave the location. It is irrelevant
whether the vehicle was stopped in a disabled bay or not.
Additionally, the operator is obliged to comply with the the
PPSCoP and the evidence shows that the single sign, high up on a
post in tiny font does not comply with section 4.1 which states:
[indent]"4.1. The parking operator must ensure that at least one
sign containing the terms and conditions for parking can be
viewed without the driver needing to leave the vehicle, in order
for drivers with a disability to be able to make an informed
decision on whether to park at the premises."[/indent]
That single sign does not fulfil that requirement.
However, you are dealing with an IPC operator so no appeal or
subsequent IAS appeal will be successful and the only way you
are going beat this is to ignore all debt recovery threats and
wait for them to send you a Letter of Claim (LoC) and subsequent
N1SDT Claim Form, whereto defend it using a template defence we
provide and eventually it is discontinued.
#Post#: 72438--------------------------------------------------
Re: OPS Parking PCN – No disabled badge displayed – Roe Green
Centre Hatfield
DIR By: ArenJool
Date: May 20, 2025, 1:14 pm
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--- Quote from: b789 link ---
>
> The Notice to Keeper (NtK) is not fully compliant as there is
no evidence that the any contract could have been formed. There
is a minimum consideration period required for the driver to
seek out, read and understand the terms and conditions and to
decide whether to remain or leave.
>
> Four minutes is below the minimum consideration period and
therefore there is no evidence that the driver entered into any
contract before deciding to leave the location. It is irrelevant
whether the vehicle was stopped in a disabled bay or not.
>
> Additionally, the operator is obliged to comply with the the
PPSCoP and the evidence shows that the single sign, high up on a
post in tiny font does not comply with section 4.1 which states:
>
> [indent]"4.1. The parking operator must ensure that at least
one sign containing the terms and conditions for parking can be
viewed without the driver needing to leave the vehicle, in order
for drivers with a disability to be able to make an informed
decision on whether to park at the premises."[/indent]
>
> That single sign does not fulfil that requirement.
>
> However, you are dealing with an IPC operator so no appeal or
subsequent IAS appeal will be successful and the only way you
are going beat this is to ignore all debt recovery threats and
wait for them to send you a Letter of Claim (LoC) and subsequent
N1SDT Claim Form, whereto defend it using a template defence we
provide and eventually it is discontinued.
>
--- End Quote ---
Thanks for your response, I appreciate it.
I will post back if/when I get LoC.
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