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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I've got this ongoing problem with a PCN from a private

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Hi I've got this ongoing problem with a PCN from a private company called All Parking Services( APS). On 9/04/15 I got a PCN on my windscreen. I was out with a disabled blue bage Tennant as I am a support worker and I take disabled people out in their vehicals. He wanted to go to the toilet so I found a car park outside St Anne's pier so he could use the facilities and relieve himself appropriately. Then he wanted something to drink. I looked for a disabled bay but couldn't find one but an ordinary bay came up so I parked in that one and displayed the valid blue badge clearly on the dashboard
When I got back I had this PCN on the windcsreen saying I had not displayed a valid ticket. I spoke to the patrolling officer and told them about the urgency and he told me to appeal .I also rang up their office and he told me to appeal in writing so I wrote a nice letter reiterating the above and also said that I didn't know I had to buy a ticket and couldn't use a valid blue badge but I was in a difficult situation ,no disabled bays, and the need for a toilet etc.
Then on the 17/04/15 I received a letter from APS saying that " I have to display a valid disabled badge if parked in a disabled bay " or agree to pay fee of £100"
And then they went onto say the routine patrolling officer issued the PCN because " there was no disabled badge on display"
I was furious because I DID display a blue badge so I wrote back on the 21/04/15 asking for photographic proof and that being in the job that I do I always display a valid blue badge. ( the PCN says 6 photos were taken!)
APS wrote back to me on the 25/04/15 and ad!itted that I did have a blue badge on display but I still had to display a pay and display ticket or agree to pay the £ 100 fee.
On the 30/0415 I tried to ring POPLA but they kept me on hold for over 5 minutes until the phone went dead and again same day
On 05 /05/15 I told my ex boyfriend who emailed APS on my behalf saying" it was false accusation to lie about not having a valid blue badge on display and this has caused me undue stress and deformation of character etc"
Then on 08/06/15 I got a letter from APS showing me photographic evidence with the valid blue bage on display on the dashboard!!! Also the letter says " we have been appointed by our clients " but the letter does not mention who has been appointed?
From my understanding the appointees want me to give details about if I've sold the vehicals or if it was on hire etc and that they will contact Dvla but won't do if I now pay £ 100 within the next 28 days or it will increase to£140 .
Where do I go from here ? I've also been told by someone else that the PCN is only an invoice and thefore not legally binding! And POPLA are not legally binding either!!
This seems such a mess.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Have they provided any photos please.?
Customer: replied 2 years ago.

Yes they have provided one photo on their last letter with a blue badge on the dashboard sent on the 08/06

Customer: replied 2 years ago.

Yes they have one photo showing valid blue badge on dashboard on the 08/06/15

Customer: replied 2 years ago.

Yes one photo which shows blue disabled badge on dashboard

Customer: replied 2 years ago.

Have you sent me another question x

Customer: replied 2 years ago.
Relist: Other.
I can't get alex' s answer
Expert:  Ash replied 2 years ago.
Sorry because you keep posting it goes to the back of my list.
What evidence do they have no badge was on display?
Customer: replied 2 years ago.

They can't have any evidence . they said they took 6 photos but only sent the one on a letter and you can see the blue badge

Expert:  Ash replied 2 years ago.
Ok. Then you don't need to pay, private fines are not regulated unlike council fines which go to an adjudicator. This means that if they want to pursue a few they can only do it in a small claims court. Basically this is a dispute over a contract, if it went to court they would have to show there was a contract, you agreed to their terms, you breached them and they suffered a loss.
If the parking fee is say £5 that is all they can claim from you. They can't claim any more, so in reality they won't pursue it. Don't be bullied into paying, they have no more right to charge you to park than your neighbour does.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Do you mean pursue a few £'s and would the contract mean paying a display ticket

Expert:  Ash replied 2 years ago.
Correct.
The cost of the ticket is all they would get, at most.
Alex
Customer: replied 2 years ago.

Thanks Alex for your help but what would the cost of the ticket be

Expert:  Ash replied 2 years ago.
£5 I would think.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex