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Appeals and Correspondence Process

1. Introduction

At Blue Parking, we are committed to ensuring that motorists have a clear and transparent process for appealing parking charges. This Appeals and Correspondence Policy outlines the procedure for submitting and handling appeals and how we communicate with motorists throughout the process. We strive to handle all appeals efficiently, fairly, and in accordance with industry standards.

This policy is designed to assist motorists in understanding their rights and the steps they should follow if they wish to challenge the validity of a parking charge.

2. Scope

This policy applies to all Parking Charge Notices issued by Blue Parking and is available to all motorists who believe they have grounds to appeal against the parking charge. It does not cover general complaints about our services, which should be handled through our separate Complaints Policy.

3. What is an Appeal?

An appeal is a formal challenge made by a motorist against the validity of a Parking Charge Notice issued by Blue Parking. An appeal must relate to the Parking Charge Notice itself and not to issues regarding our service or compliance with the Code of Practice, which are dealt in accordance with our Complaints Policy.

4. How to Submit an Appeal?

4.1 Methods of Appeal

Motorists can lodge an appeal through the following methods:

  • Website: Visit www.blueparking.com and write to the appeals department.
  • Post: Write to us at Blue Parking, Appeals Department, Office 2, 51 Pinfold Street, Birmingham, B2 4AY.
Important: We encourage appeals to be submitted online as this method provides greater security and help reduce issued with items lost in the post.

4.2. Required Information

To ensure your appeal is processed efficiently, please include the following details:

  • Full name and contact details.
  • Parking Charge Notice (PCN) reference number.
  • Vehicle registration number.
  • Date, time, and location of the contravention.
  • A detailed explanation of why you believe the parking charge is invalid.
  • Any supporting evidence (e.g. photographs, receipts).

4.3. Who can Appeal?

Only the person who is liable for the parking charge can submit an appeal. The liable party varies depending on the stage of enforcement:

  • Driver: If a Notice to Driver (NTD) was issued at the time of the parking event, the driver can appeal.
  • Keeper: If a Notice to Keeper (NTK) was issued and the driver has not been identified, the registered keeper can appeal.
  • Hirer: If a vehicle was hired or leased, a Notice to Hirer (NTH) was issued, the hirer can appeal.

*If the keeper failed to identify the driver (name and serviceable address) within 28 days of the notice, they will become liable unless the vehicle was stolen.

4.4. All appeals received will be recorded in our internal appeals system, noting the date of receipt, appellant details and supporting evidence. We ensure that all data is handled in accordance with our Data Protection Policies, safeguarding personal information and ensuring that it is stored securely. Once an appeal has been registered, all enforcement actions will be paused until the appeal process is completed.

5. Delayed Appeals

In exceptional circumstances, we will consider appeals submitted after the standard 28-day period. These circumstances may include:

  • The registered keeper can prove they were not the driver and were unaware of the parking charge (e.g. they were abroad, hospitalised, or did not receive the notice due to postal issues.
  • Valid evidence is provided to support these claims, such as proof of travel, hospitalisation records, or confirmation of a misdirected delivery.

If mitigating circumstances are accepted, the Parking Charge Notice will revert to the start of the 28-day period and enforcement will remain passed until a decision is reached.

6. Investigating Appeals

Appeals will be thoroughly investigated by trained appeals handlers. The investigation process includes:

  • Reviewing Evidence: Examining all evidence provided by the appellant, including any photographs, CCTV footage, or witness statements.
  • Cross-Checking Logs: Verifying the functionality of all relevant systems, such as pay and display machines or web-based payment providers.
  • Identifying Errors: Where accidental keying errors are identified, the parking charge will be cancelled if it is the first occurrence.
  • Assessing Exemptions: Checking for any exemptions in line with the Code of Practice that may warrant cancelling the charge.
  • Mitigating Circumstances: Reviewing any mitigating circumstances provided by the appellant, such as disability related accommodations.

7. Appeal Decisions

7.1.Decision Timeline

All appeals will be reviewed and a decision will be communicated to the appellant within 28 days of the appeal being lodged. If additional times is required due to complexity of the case, the appellant will be informed of the delay and given a new timeline for the decision.

  • Accepted Appeals: If the appeals are accepted, the parking charge will be cancelled.
  • Rejected Appeals: If the appeals are denied, the appellant will have the opportunity to escalate the appeal to the Independent Appeals Service (IAS) within 28 days of the rejection.

8. Independent Appeals Service (IAS)

If an appellant is dissatisfied with our decision, they may escalate their appeal to the Independent Appeals Service (IAS). The decision of the IAS is binding on Blue Parking and if the appeal is upheld, the Parking Charge will be cancelled and no further enforcement action will occur.

9. Corrective Actions

If an appeal is upheld, Blue Parking will take the necessary corrective actions, which may include:

  • Staff retraining or disciplinary
  • Amendments to internal processes or policies
  • Temporary suspension of enforcement at specific locations

Corrective actions will be recorded and reviewed to prevent similar issues in the future.

10. Recommencing Enforcement Action

Following the rejection of an internal appeal, enforcement action will not recommence until:

  • The deadline for the appellant to escalate to the Independent Appeals Service has passed, OR
  • 14 days has elapsed after an Independent Appeals Service decision

11. Record Keeping

Blue Parking will retain records of all appeals for 3 years

12. Policy Review

The policy will be reviewing annually or sooner if required by changes in legislation, industry standards, or operational needs. Feedback from the appeals process inform these reviews.