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Parking Eye Home bargains PCN Wrexham Wales

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  • Umkomaas
    Umkomaas Posts: 43,379 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    achtzen18 wrote: »
    Thank you very very much CM. This is awesome. Don't think Parking Eye will challenge that. They'd be daft to refuse my appeal :)

    I must admit, not very long ago, when I was heavily pregnant, I had one from TPS that I ignored and they stopped sending any reminders after about 3 months.

    The game has changed in a big way since then. Don't bet against anything that Parking Eye will do, they are predatory, yet at the same time can appear 'reasonable' (not 'reasonable' as you would expect in the real world, but 'reasonable' in a PPC-world infested with hundreds of other scammers).

    They are known to cancel charges where the RK can supply copies of receipts or (redacted) bank/credit card statements showing purchases on the day from the retailer the car park services.

    They also respond positively to instruction from the retailer to cancel charges. But you must strike early to get this done, so get your complaint in to HB.

    Let us know how it goes, but you're only at stage 1 and there's much more ordnance available to you to shoot this down. One step at a time, we will help you.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • I received a response from PE this weekend, saying that they want me to send them a proof of purchase. I used the template CM mentioned on this thread and I have already told PE in my appeal, that I binned the receipt and had paid in cash as I normally do. What should I do now? Please help!
  • martmonk
    martmonk Posts: 863 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    see this thread for similar circumstances whcih contains an email addess or two that may be of use to you;
    https://forums.moneysavingexpert.com/discussion/4790094=
  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    achtzen18 wrote: »
    I received a response from PE this weekend, saying that they want me to send them a proof of purchase. I used the template CM mentioned on this thread and I have already told PE in my appeal, that I binned the receipt and had paid in cash as I normally do. What should I do now? Please help!


    Obviously read other threads like yours, learn from them, and reply reiterating the facts and demanding the POPLA code. LOADS of posters have had that standard letter asking for more evidence; PE are using stalling tactics in the hope you don't reply then you will have timed out of the chance to get a POPLA code.

    The POPLA code is your Golden Ticket. You WANT a POPLA code. Get it!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Half_way
    Half_way Posts: 7,476 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Dont ignore the likes of parking eye, but dont forget that the main culprit in all of this is home bargains who employ parking eye to act upon its behalf.

    This should be seen as Home bargains problem with regards to the equality act stuff, and if home bargains do not call of their agents - for whose actions home bargains are responsable for then home bargains should be held liable for any action that you may wish to take against them.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Half_way wrote: »
    Dont ignore the likes of parking eye, but dont forget that the main culprit in all of this is home bargains who employ parking eye to act upon its behalf..

    It may not be HB who have engaged PE, as OP says that the car park services an number of retail stores and is shown as a separate entry at the land registry.

    OP presumably this means you have identified the landowner? In which case you should send C-Ms angry letter to the landowner (obviously making any necessary amendments to fit the facts of your case).
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Hi all, I have received a final response to my appeal and a POPLA code.

    Parking eye sent me this letter-

    Dear Mrs G

    Thank you for your correspondence in relation to the Parking Charge incurred on 5 October 2013 at xx:xx, at Home Bargains Wrexham car park.

    We are writing to advise you that your recent appeal has been unsuccessful. This is because you have not provided sufficient evidence to show that you did not break the terms and conditions on the signage.

    ParkingEye does not believe that it contravenes the terms of the Equality Act 2010. We offer a fair and reasonable grace period to all motorists and we do not discriminate against thos falling under the protection of the Act. Our terms are not unfavourable towards disabled/breastfeeding motorists. Furthermore, the Act states that,

    "Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability."

    In this instance, we believe that, at the time the Parking Charge was issued, we did not know and could not reasonably have been expected to know about any potential disability or any other protected characteristic.

    We also note that a number of your queries are of a generic nature, a number of which we have seen before.

    ________________________________________________________


    What do I do now?? :(
  • Umkomaas
    Umkomaas Posts: 43,379 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Did they give you a POPLA code?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 November 2013 at 1:21AM
    "Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability."

    In this instance, we believe that, at the time the Parking Charge was issued, we did not know and could not reasonably have been expected to know about any potential disability or any other protected characteristic.


    WRONG, ParkingEye, as usual. At least they have read a bit of the Equality Act though, which is refreshing. But they read the wrong part, about direct discrimination which this was not (until now).

    They missed the part that actually relates to arbitrary time limits, of course, which is about their statutory duty to avoid 'indirect discrimination' which is an anticipatory duty in advance of any policy being put into effect. There's even a time limit example of indirect discrimination here:

    http://www.equalityhumanrights.com/uploaded_files/EqualityAct/servicescode.pdf

    Try Control + F and find the single word 'tours' in that pdf, which is the closest example of the duty to take seriously a complaint about a blanket policy of a time limit. Not that PE would necessarily have to remove the time limit of course but a fair response for you as a maternity-protected member of the female population would be to allow a longer grace period in your case and cancel the charge immediately. To pursue this and cause you further detriment is continuing this indirect sex discrimination against a nursing mother. And now they DO 'know' about your 'protected characteristics', I'd argue that their latest response is also now 'direct discrimination' after all!

    Anyway it's POPLA time now and IMHO they are even worse right now than some PPCs about ignoring the Equality Act 2010. I am far from an expert but seem to know a lot more than them about their duties under the EA so I have been trying to educate them a bit (POPLA). Time will tell. But you will need the usual winning points at POPLA as per the NEWBIES sticky thread where I show links to 'How to win at POPLA'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    Part of the Furniture 1,000 Posts
    Didnt "A" inform "B" of the disability or protected characteristic within the appeal?

    Its a bit like university challenge I started so I'll finish!

    Also love their "we have seen it before" what the hell difference does it make how many times they have seen it if it is relevant?
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