Yesterday, 08:52 PM
Yes — broadly the same, but I would change the emphasis.
If the online photographs genuinely show the front of the vehicle and clearly establish that no Blue Badge was displayed, then I would drop any suggestion that Premier Park lacks evidence that no badge was visible at the time those photographs were taken. There would be little value in arguing a factual point that their own evidence disproves.
The strongest appeal point would still be the keeper-liability issue. The driver has not been identified, and the NtK appears to fail PoFA paragraph 9(2)(f) because it says Premier Park may recover the unpaid charge "from the driver of the vehicle" rather than giving the mandatory warning that, subject to the statutory conditions, it may recover it from the keeper. That defect is in the NtK itself and cannot be repaired by better photographs.
I would therefore keep the appeal strictly in the keeper's name and lead with the PoFA failure.
I would also retain, and actually strengthen, the challenge to the stated incident time of 13:00. The NtK says the contravention occurred at 13:00, yet the photographs shown on the notice are timestamped approximately 12:40. The driver is fairly sure that the vehicle had already left before 13:00. Premier Park should therefore be put to strict proof that the vehicle was actually present and observed in the disabled bay at 13:00.
If the additional online photographs are also timestamped around 12:40, then all they prove is what was visible at around 12:40. They do not prove that the vehicle was still present at 13:00, nor do they prove that any observation was made at the time stated on the NtK. Premier Park cannot simply print "13:00" on the notice and expect that assertion to be treated as evidence. If they rely on that time, they should produce the underlying contemporaneous evidence showing how and when that observation was made.
The disability point would remain relevant, but more as a cancellation/Equality Act argument than as a denial that the badge may not have been displayed. A genuinely disabled person with severe mobility impairment does not cease to be disabled merely because a Blue Badge was inadvertently not displayed. The Blue Badge is evidence of disability and entitlement; it is not what creates the disability itself. On private land, the operator and landholder still need to consider their Equality Act duties and reasonable adjustments.
So, if the front photographs show no badge, I would frame it as:
In other words: even if the photographs prove no badge was visible at 12:40, that does not cure the defective NtK, it does not prove the alleged 13:00 observation, and it does not remove the disability issue.
If the online photographs genuinely show the front of the vehicle and clearly establish that no Blue Badge was displayed, then I would drop any suggestion that Premier Park lacks evidence that no badge was visible at the time those photographs were taken. There would be little value in arguing a factual point that their own evidence disproves.
The strongest appeal point would still be the keeper-liability issue. The driver has not been identified, and the NtK appears to fail PoFA paragraph 9(2)(f) because it says Premier Park may recover the unpaid charge "from the driver of the vehicle" rather than giving the mandatory warning that, subject to the statutory conditions, it may recover it from the keeper. That defect is in the NtK itself and cannot be repaired by better photographs.
I would therefore keep the appeal strictly in the keeper's name and lead with the PoFA failure.
I would also retain, and actually strengthen, the challenge to the stated incident time of 13:00. The NtK says the contravention occurred at 13:00, yet the photographs shown on the notice are timestamped approximately 12:40. The driver is fairly sure that the vehicle had already left before 13:00. Premier Park should therefore be put to strict proof that the vehicle was actually present and observed in the disabled bay at 13:00.
If the additional online photographs are also timestamped around 12:40, then all they prove is what was visible at around 12:40. They do not prove that the vehicle was still present at 13:00, nor do they prove that any observation was made at the time stated on the NtK. Premier Park cannot simply print "13:00" on the notice and expect that assertion to be treated as evidence. If they rely on that time, they should produce the underlying contemporaneous evidence showing how and when that observation was made.
The disability point would remain relevant, but more as a cancellation/Equality Act argument than as a denial that the badge may not have been displayed. A genuinely disabled person with severe mobility impairment does not cease to be disabled merely because a Blue Badge was inadvertently not displayed. The Blue Badge is evidence of disability and entitlement; it is not what creates the disability itself. On private land, the operator and landholder still need to consider their Equality Act duties and reasonable adjustments.
So, if the front photographs show no badge, I would frame it as:
Quote:The keeper does not admit liability and the driver has not been identified. Premier Park has failed to establish keeper liability under Schedule 4 PoFA. In addition, Premier Park is put to strict proof that the vehicle was actually present and observed at the stated incident time of 13:00, since the photographs presently shown are timestamped approximately 12:40 and do not establish the vehicle's presence at 13:00. Separately, the vehicle was being used in connection with a genuinely disabled person with substantial mobility impairment who holds a valid Blue Badge. Any failure to display the badge does not extinguish that person's protected status under the Equality Act 2010, and the landholder/operator is requested to consider cancellation as a reasonable adjustment.
In other words: even if the photographs prove no badge was visible at 12:40, that does not cure the defective NtK, it does not prove the alleged 13:00 observation, and it does not remove the disability issue.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
