Think I've messed up parking eye

Kimberalex · 24 November 2015 at 11:46PM

Hi
I've just signed up here I received a letter today for a parking incident on the 8th of October.
My partner is the registered keeper but I am the driver.
It was home bargains in jarrow I went done shopping (don't still have receipts) then my 4 month old needed feeding there was no where else to feed and change her (she's breastfed so feel more comfortable feeding in the car) I over stayed by 15 minutes.. The time is 1 hour 30 minutes I didn't know at the time
I've been back today and the signs are up high so not completely noticeable.
Stupidly I've found this forum after mailing parking eye and I have appealed explaining I was the driver and have just received the letter I didn't see the signs and that I was feeding in the car and only comfortable feeding her there as home bargains have no facilities and that leaving her crying would make it dangerous and a distraction.

I have bad anxiety and now completely panicking I've done everything wrong and now have this £85 we really don't have spare to pay.
I have the email for joe Morris head of home bargains not sure if it will help? I emailed home bargains hq but they said there was nothing they could do and to take it up with parking eye.

Half_way · 25 November 2015 at 12:22AM

You should try taking it up with the shop again, with a newborn/breastfeeding infant the Equalities act may apply. If that is the case then they can be held liable for their agents breach of the EA

Redx · 25 November 2015 at 12:36AM

have PE rejected your appeal ?

if they have , did they issue a popla code ?

if they issued a popla code , what is the expiry date ?

as mentioned above, the EA2010 may apply so have a go at the shop, or their CEO , or both

ps:- you say you received a letter, but I dont believe it , sorry

if your partner is the RK, then they received the letter , not you

Kimberalex · 25 November 2015 at 1:18AM

I sent the appeal tonight before I came across one of the threads on here so will be waiting.

Sorry no I haven't personally addressed to me but my partner has who is the registered keeper it came today for the 8th of October. I have cited to parking eye about the having to feed her explaining it takes longer than usual as she's not a fast feeder and has reflux so needs meds between feed.

Half_way thank you I think that's what I will do tomorrow I've tried to find some templates as I'm awful with words but can't find any in relation to breastfeeding and the equalities act

salmosalaris · 25 November 2015 at 7:41AM

Were the incident date and the issue date of the first PCN more than 14 days apart ? Is this the first letter in the chain ?
Did your appeal identify the driver ?

Kimberalex · 26 November 2015 at 12:06AM

The incident date was the 8th of October we received a letter today saying to pay £85. I did say I was driving the car but my oh is the RK

silly I know after I've read this post.

Half_way · 26 November 2015 at 12:30AM

EA and Breastfeeding can be found here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/85008/business-quickstart.pdf

A business cannot discriminate against mothers who
are breastfeeding a child of any age.
The Equality Act 2010 has specifically clarified that
it is unlawful for a business to discriminate against a
woman because she is breastfeeding a child.
A business may ask a breastfeeding woman to leave
their premises if the reason for this request is not
due to her breastfeeding. However, if the woman
later claims that discrimination occurred because
she was breastfeeding, the business will have to
prove that there was in fact no discrimination.
DO
make sure women you’re providing services to
are allowed to breastfeed on your premises if they
want to.
DO
also ensure that mothers breastfeeding babies
are not discriminated against, no matter how old the
baby is.
DO
train all your employees, especially those who
deal with the public, to be aware of the protection
from discrimination given to breastfeeding mothers
under the Equality Act 2010.
DON’T
forget, under the Equality Act 2010,
discriminating against someone because they are
with a breastfeeding mother is also prohibited, so
companions of breastfeeding mothers who are also
treated unfairly may have a claim, too.

So from that it could be reasonably argued that by not providing extra time, or by pursuing you for overstaying due to breastfeeding you are being unfairly discriminated against

Kimberalex · 26 November 2015 at 12:47AM

Do you think that it is worth sending that to home bargains head? Which can is this Morris.

Or to parking eye? They still have not responded but I don't think they will take on board what I have said.

I'm a bit upset I've explained to my oh our baby needed feeding nowhere in home bargains has anywhere for me to feed her

Kimberalex · 26 November 2015 at 1:17AM

Dear Mr Morris,

I have previously contacted a member of your staff from home bargains relating to a parking fine given by an agent that you employ.

My fianc!e is the registered keeper but I am the main driver having three small children one of those with reflux I do need the car more so drove it more.

I entered the car park on the 8th of October in the Jarrow store, me and my mum shop weekly in this store as we love it, we have always parked in the car park no problems.

On this occasion I had my 3 children with me one being my 4 month old. My children love to take their time in picking craft items and I in kitchenware and baby section I was in the store for 1 hour 15 minutes approx, until my 4 month old got hungry. Since your store has nowhere suitable for me to breastfeed I had to go in my car, to which I settled my children packed up the car with her pram and started to feed a hysterical baby.

She has severe reflux so takes a while to feed as she's also a slow breastfeeder and also has to have medicine given to her.

After eventually getting her settled this took me over 15 minutes of the allocated time in the car park this was completely out of my hands.

I now feel that because I wasn't provided with extra time or because I overstayed I feel I am being harassed and discriminated against under the equality act by parking eye whom as an agency are employed by home bargains.

I feel it is unfair as there is no option to pay for extra time either. I am now plagued by anxiety and upset over this for something that was completely out of my control. I feel I cannot visit home bargains jarrow since this has occurred incase of my baby needing feeding and over stay the time.

I have already contacted home bargains contact email and I was told to contact parking eye, which I have to no avail. So I am appealing to you under the law of agency that you are liable for the actions of parking eye.

Kind regards

Fruitcake · 26 November 2015 at 2:22AM

You don't necessarily have to include everything about your other children, but certainly you have covered the main points about breastfeeding your littlest one.

I would suggest however that you clarify the point about the equality act by referring to it as the Equality Act 2010, then adding the text from Half-way's post.

If you get nowhere, Fakebook, Twitter, local and national press are available for you to comment upon.

Since you have now appealed, you have no need to worry. You will either get a cancellation or a PoPLA code. The latter will give you plenty of time to formulate a solid PoPLA appeal with the help of the regulars here.

Basically, don't panic, you won't be paying anything.

Kimberalex · 26 November 2015 at 9:58AM

Thank you fruitcake for your reassurance I have so much to deal with this is just panicking me

Think I've messed up parking eye

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