Parking eye ticket

DesperateScousewife

My daughter got a ticket for being ten minutes over the allotted 2 hour time. Is this ticket enforceable?

Many thanks for any replies.

Stroma

Is your daughter disabled in any way ? I gather this is a free car park in England or Wales yes ? There are options to appeal then when it's rejected to go to https://www.popla.org.uk to appeal independently . Parking Eye do sometimes issue claims, if that happens a defence can be drawn up here and pepipoo.com

It depends what your daughter wants to do. Please don't put exact location or time in and out on this or any other forum, they employ people to scour websites looking for people they can claim against.

The_Slithy_Tove

Stroma wrote: »

There are options to appeal then when it's rejected to go to www.popla.org.uk to appeal independently . Parking Eye do sometimes issue claims, if that happens a defence can be drawn up here and pepipoo.com

With PE, the recommendation is to appeal. Their court claims seem to be only to those who ignore them completely (so far). Your appeal needs to be robust enough to see them off. Don't go for the sympathy vote/mitigating circumstances - they won't work. There are loads and loads of threads on PE, particularly on PePiPoo.com. Take a look around.

With luck, your appeal to PE wil get a response of "provide us with more evidence within 14 days." This you then ignore, and after 35 days from your appeal, PE will not have come back with a POPLA code, which effectively makes their case dead in the water.

Most of all, do not consider paying at any point.

Stroma

I don't think appealing is required even with parking eye, people don't pay on average of a third of fake tickets issued. So in parking eye's case it will be about 160k tickets, there is no way that even 1% will go to court, can you see them even issuing about 1600 claims a year ? That would be about 30 a week every week, I can't see them even issuing 10% of that

Coupon-mad

I say appeal and then appeal to POPLA if this was in England/Wales. I don't think we should be ignoring these scammers when we can all cost them £27 a pop to see their fake PCNs cancelled one after another. Also PE have picked on some 'ignorers' from October and tried a small claim or two recently so why ignore when you can challenge it and win? It's not just about whether she overstayed either...

The only losing POPLA cases I have seen have been the first ones and the badly-rushed ones. Eversince then we seem to have got the hang of winning and it must be causing the PPCs to spit feathers over the whole system.

So to the OP please tell us if your daughter has a medical condition or was feeding a baby or similar important/relevant reason for taking longer (could be covered by the Equality Act if so).

If not we can still help her with her appeal and CERTAINLY she will need to take advice at the POPLA stage when no-one should just be firing off a standard soft appeal.

DesperateScousewife

We were actually in the store the car park covered. We had took a long time looking around and we had a coffee instore too. I was with her and I have a blue badge, although we werent parked in a disabled bay as none were available.

Stroma

I would complain to the retailer you were in, demand that they get this cancelled, even though the badge was not displayed, it's not needed on private land. They must make adjustments for disabled people. The Equality Act 2010 is what to say, and they are in breach of it, if they refuse to get it cancelled you could actually sue them for this.

Coupon-mad

DesperateScousewife wrote: »

We were actually in the store the car park covered. We had took a long time looking around and we had a coffee instore too. I was with her and I have a blue badge, although we werent parked in a disabled bay as none were available.

Aha!!!!!!!!!!!!!!!! Makes no odds which bay the car was in!!!

Of course the fake PCN isn't enforceable (they never are) but as Stroma rightly says, in your case you have the law on your side and you must complain and point out a potential disability law breach to the store and the PPC.

Your daughter needs to be assertive and appeal in writing, telling all parties (the store included, copy the Store Manager in by name) that you as her passenger are a disabled person and have a legal right to park for longer. They can't legally impose an arbitrary time limit on disabled visitors that is the same as other people, they have to make a 'reasonable adjustment' in law of they are in big trouble!

The only proviso is that they only break the Equality Act 2010 on this point if they 'knew or should have known' about the disability issue and yet still harass you (i.e. don't then cancel the fake PCN). And you don't even need a Blue Badge, the law covers people with 'protected characteristics' which you can see for yourself if you Google the 'Equality Act reasonable adjustments' - you are legally protected from such discrimination.

I post as SchoolRunMum on pepipoo and here's a letter I suggested someone write, when they posted about your EXACT issue with Parking Eye this week:

http://forums.pepipoo.com/index.php?showtopic=78073

Post #7 is the letter I suggested. Your daughter should just tweak it to suit your own case and enclose with the complaint (not so much an appeal!) a copy of your Blue Badge as your evidence. Send the complaint to Parking Eye and to the Store - by email if you have email addresses for both (and it's quicker, free and more direct). As you can see from that suggested letter, I have advised that people in your position request that their relevant car registration(s) are simply added to the Store's 'white list' of cars not to be issued with fake PCNs in future. A very simple adjustment for the store to make and if they refuse to cancel the fake PCN and to start a 'white list' (if they don't have one) then they effectively break the law because Parking Eye are acting as their agent, so the Store is liable too. You could even threaten to sue and get compensation - has been done but later down the line, give the store and PPC a chance to right this wrong first!


HTH and let us know the outcome!

Coupon-mad

Just to add links to 2 threads to help you, and to keep your thread bumped:

This one (as already posted for you above but worth mentioning again as it's exactly like yours and has a template letter to use as a basis but DO NOT Copy it verbatim, write your own version in similar very forceful fashion!!):

http://forums.pepipoo.com/index.php?showtopic=78073

and the other one has lots of useful updates and advice about what to expect and what to do next:

http://forums.pepipoo.com/index.php?showtopic=77690

So do that challenge/appeal NOW but not in begging letter stylee, in a complaint stylee!! Get assertive and angry about this law-breaking.

Copy in the Store and/or Retail Park owner like I suggested in the similar thread.




HTH