Help with Popla appeal against PE

kirkbyinfurnesslad_2

oneyey wrote: »

Thanks guys, I will see what Coupon-Mad says about how best to approach. All the advice so far has been really helpful though, don't feel quite as stressed about it for a start.

Yes wait for C-M , she is bogged down at the moment but should be along sometime, she will help you go after Morrisons

oneyey

Does anyone know how I get in touch with Coupon -Mad, can I email them directly?

Umkomaas

oneyey wrote: »

Does anyone know how I get in touch with Coupon -Mad, can I email them directly?

Please wait for C-M to respond on here. C-M gives masses amounts of time to almost every thread on the forum (and on Pepipoo). I'm sure if C-M wants to take correspondence by PM, this will be made clear via posts here.

Sorry if this sounds a bit blunt, but if everyone starts PMing and requiring 'private' attention the whole system starts to break down, regulars just get bombarded and PM 'In Boxes' get jammed and locked.

See the forum more of an NHS provision rather than BUPA and you should be OK

Coupon-mad

oneyey wrote: »

Does anyone know how I get in touch with Coupon -Mad, can I email them directly?

I keep my pm box full at the moment as we are still coping as a family with a recent bereavement, sadly, so I have a lot on my plate. I'm here looking back through threads now and here is a suggested letter/email of complaint to the CEO of Morrisons (adapt it if I got any details wrong):


'' Dear Sir/Madam,

OFFICIAL COMPLAINT: BREACH OF EQUALITY ACT 2010 INVOLVING INDIRECT SEX DISCRIMINATION BY PARKING EYE, AS AGENTS FOR MORRISONS
I am forced to make an official complaint to you because the actions of your agent are unlawful and your local Store Manager seems incapable of understanding that Morrisons are jointly and severally liable for those actions. The situation is that Parking Eye have just refused my appeal against a private 'parking ticket' sent to me in their capacity as your agents, which alleged my car 'overstayed' in a Morrisons car park.

The fact is that I was delayed due to needing to breastfeed my baby and I was with my sister-in-law who was actually in labour during our visit to this car park and shopping centre. We were genuine shoppers with two other small children with us and we had a legitimate and lawful reason to take longer than other customers.

I am very upset about this entire episode and both families are horrified that Morrisons can allow such a notorious firm to harass customers on your behalf. I do not have my receipt now because I paid cash and discarded my receipt as normal, since I had no idea about any 2 hour limit - or indeed any possibility of getting a 'parking ticket' - until I was suddenly sent an £85 demand by your agents, Parking Eye.

I have researched the matter and intend to escalate my challenge against Parking Eye to the independent stage (Parking on Private Land Appeals). However, I am giving Morrisons the chance to quash the fake PCN once and for all because I feel you need to know that you and your agents are breaking the law by not making 'reasonable adjustments' of parking time. I have since become aware that in some other car parks, apparently Parking Eye allow double time for some disabled visitors in an attempt to pay regard to the effects of the EA. And yet this is not the case in every car park, and strangely, an adjustment of time is neither communicated nor extended to other disabled people, nor breastfeeding mothers, pregnant nor elderly customers who are also protected under the EA. As such, in this car park where no 'reasonable adjustments' appear to have been made at all, Morrisons are allowing their agent to enforce an arbitrary time limit which is unlawful under the EA.

It is a breach because such a blanket policy has the effect of indirect discrimination against people with 'protected characteristics'. As well as a breach of the maternity provision of the EA - which is indirect sex discrimination, as applies in my case - this policy also discriminates against disabled and elderly people.

I require this 'parking ticket' to be cancelled of course and would be interested to hear what steps Morrisons are going to take to review and adjust this discriminatory policy. For your information, there is no lawful excuse in the EA for such a blanket policy as an inflexible time limit, even if the intention is not to discriminate. Service providers have a legal duty to make 'reasonable adjustments' up front and all policies affecting customers and staff must have regard to the EA. To comply with the Act, policies must be anticipatory of the needs of people with protected characteristics. It is not enough to just react to individual complaints like mine, after the event.

Notwithstanding what Parking Eye may well have to say on the matter, no doubt involving spin about their firm 'being members of the BPA Approved Operator Scheme' (in reality, merely trade body 'club membership' which enables them to buy registered keeper data and certainly does not 'regulate' their industry) I would also respectfully suggest that Morrisons would be well advised to pay urgent heed to the 'Equality Act Code of Practice on Services, Public Functions and Associations' which became law on 6th April 2011. This statutory guidance is available as a link on the Equality & Human Rights Commission website.

In my view, Morrisons should research the matter and heed my warning about their association with Parking Eye before customers start suing over these breaches.

Before renewing your contract with Parking Eye when the time comes, might I just suggest you take time to read and digest the implications to other Supermarkets & customers, and the picture painted of Parking Eye's aggressive business practices, as set out in the full court judgment for 'Parking Eye v Somerfield - Case No: A3/2011/0909'. I would also suggest researching the current debacle unfolding over the past 4 months on the Aldi facebook page, which is currently littered with customer complaints about Parking Eye who are actually suing Supermarket customers for 'transgressions' just like my own situation. Morrisons should consider themselves lucky that the most adverse publicity, now that Parking Eye have become so litigious that I believe well over a thousand people have received court papers in 2013, has so far focussed mainly on a rival Supermarket. It seems that the big Supermarkets, blinded by the idea of 'parking management for free' have fallen for the spiel of a dominant company whose agenda is profit alone. It is not 'parking management' to have ANPR cameras on site and yet no attendants to help customers find spaces and no checks made of disabled bays, for example.

My view is that ostensibly 'free' ANPR enforcement of parking spaces by third parties is incompatible with the customer service ethic of Morrisons.

Our whole family and friends are minded not to return to Morrisons if this is how genuine customers - especially breastfeeding mothers and pregnant visitors - are treated. I think I deserve an apology at the very least, and I would sincerely hope that Morrisons' CEO will treat this matter with more importance and urgency than the Store Manager did when I telephoned. Clearly I have better things to do with my time than research equality law, but it has proved necessary because it seems that your agents have failed in this regard and that Morrisons have allowed this agent 'carte blanche' regarding enforcement of an inflexible policy that has potential to break laws. You should be aware that, if this is pursued further I will seriously consider a small claim against both parties (Morrisons & Parking Eye) for damages for distress and indirect sex discrimination, supported by the Maternity protection within the Equality Act 2010.

yours,


your name


(and add your Parking Eye ticket reference/number from the first 'PCN' and the car park name, NOT the POPLA code as that means nowt to Morrisons)

Coupon-mad

Just to add, the email contact details for the CEO of Morrisons were shown on this memorable thread last year:

http://forums.moneysavingexpert.com/showthread.php?t=4303567

If anyone knows if Dalton Philips is still the CEO I suspect this will be easily sorted out by email now.

And as to the POPLA appeal if you need to do it, maybe wait and see till next week or so what Morrisons come back with - as long as you are sure your POPLA code is in date (only valid for 28 days from date of rejection letter).

Life is too short to work on a POPLA appeal when you have a young baby - I have had 4 myself so excuse me if I say 'been there, done that'! - but do come back here if you do not get the thing cancelled within the time limit of the POPLA code of course, as you will have no choice but to send a POPLA appeal (we can help) if Morrisons aren't helpful.

zzzLazyDaisy

:T :T That's fantastic Coupon-mad :T :T

oneyey

Coupon Mad- thank you so much! This is incredible & I can't believe you've taken time to do this at such a difficult time. Thank you.

I hadn't meant to seem pushy re the PM comment- this is my first time on a forum & I had no idea how it worked!

I will be emailing morrisons today & will let you know how I get on.

kirkbyinfurnesslad_2

Give it a week with Morrisons but if you dont get any where dont forget to get your popla appeal in

oneyey

Hi all, just wanted to say a huge thank you- Morrisons cancelled the ticket with apology. Could not have got that result without your help & it really is appreciated. I didn't get a response to the email, though they obviously got it. Initially I received a letter from PE asking for proof of my visit (despite it saying in the email that I had none). The following day I received another letter ominously ordering me to return to the store in question & ask for 'Ray'. No surname given, just Ray! I was slightly nervous but Ray turned out to be the store manager & he arranged for the ticket to be cancelled.

Another victory for this forum! Many thanks for all your help- you are amazing!!

Stroma

Well done to you and another victory to be added to coupons hall of fame , just proves that what the guys say on here does make a difference