Parking Eye Home bargains PCN Wrexham Wales

achtzen18

They have clearly ignored what I said about breaching the EA. In fact they say that it was my responsibility to adhere to the contract terms of the parking site as set out on their signs. This is what POPLA sent-


Reasons for the Assessor’s Determination




The Operator issued a parking charge notice (‘PCN’) for overstaying the


maximum time permitted. The Operator’s automatic number plate


recognition system (‘ANPR’) observed the Appellant’s vehicle enter the site at


15:59 and exit at 18:11, a stay of 2 hours and 12 minutes. The Operator


submits that a parking charge is now due in accordance with the advertised


terms of parking which limited parking to 2 hours. The Operator has produced


photos of site signage in support of its case.


The Appellant disputes that the vehicle was improperly parked. It is the


Appellant’s case that any overstay was accidental and incurred whilst


breastfeeding her fourteen-week-old baby. The Appellant produced a copy


of her baby’s Personal Child Health Record to show that she was


breastfeeding her baby around the time the PCN was issued.


That it was an advertised condition that parking was restricted to 2 hours is not


disputed. The Operator does not dispute that the Appellant fed her baby


whilst parked at the site. However, it was the Appellant’s responsibility to park


in compliance with the terms of parking advertised. It was therefore


incumbent upon her to ensure that, whatever her reasons for parking, she did


not stay beyond 2 hours.


Having carefully reviewed the evidence before me, I find that by overstaying


the maximum time permitted the Appellant became liable for a parking


charge in accordance with the terms displayed.


The appeal is refused.




Matthew Shaw






Assessor

Redx

I dont think you have used any of the usual winning points at popla, as they dont accept mitigation

I also cannot see your popla appeal in this thread, only the popla refusal and the fact they dont consider the EA 2010

coupon-mad pointed you at the correct threads in post #20 , so I am thinking your popla appeal wasnt up to the usual standards here and you didnt check it on here before submitting it either

clearly, a judge would have a different view if this went to court

for info, the following points should have been included in your popla appeal

1) this charge is not a genuine pre-estimate of loss
2) your signage does not comply with the BPA Code of Practice
3) you do not have the authority or permission to issue invoices at this location

and it should have looked similar to this https://forums.moneysavingexpert.com/discussion/4816165

achtzen18

@RedX


All this time I was challenging the PCN on the basis of the EA 2010. That is why I did not challenge the 3 points you mentioned.


How should I proceed now?

Redx

exactly, so all that proved was something we already thought we knew, that popla does not accept the EA 2010 as a valid appeal (mitigation), which is why we never tell people to go to popla using mitigation and it clearly states this on the popla website (that mitigation will not be allowed as an appeal)

you have now lost at popla, so there remain 2 choices only

1) pay, which is what popla would have told you

2) wait for any court letters or LBC and deal with it then, if necessary in court

seemed obvious to me but I have spelled it out for clarity ( or did you expect that there was a third course of action or step you could take ? )

if you do let it get to court, you can use your mitigation appeal plus those others I mentioned in court as well

post #20 by coupon-mad said this (and you ignored it)

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'.

achtzen18

I thought as much that these were the only two options. If I go with option 1 which is to pay the fine, can I write to parking eye requesting them to reduce the fee to £40 as they had initially demanded if I had paid within 14 days.


On the other hand, if I go with option 2, should I tell parking eye that I would not be paying this fine and would like to take this case to court?

achtzen18

I can probably also add that I have further evidence with which I'd like to challenge this case in court

Redx

PE are unlikely to enter into any negotiations or to reduce the parking charge (not a fine)

you had your chance to get it cancelled at popla and didnt include the winning points so are now in this predicament due to ignoring the CM advice in post #20 and not putting your draft popla appeal on here for checking and critique

PE will now either take it to debt recovery or more recently seem to send out an LBCCC and then take it to court via Northampton bulk centre

personally, I would like to see you win in court and get costs awarded

achtzen18

Thanks. What is LBCCC? What does it do?

Coupon-mad

achtzen18 wrote: »

@RedX


All this time I was challenging the PCN on the basis of the EA 2010. That is why I did not challenge the 3 points you mentioned.


How should I proceed now?

You should prepare a complaint under the Equality Act 2010 and email it to POPLA's lead Adjudicator. There is already one like that in with them this week about a disabled person who also had their POPLA appeal rejected.

Do pm me for more details. This is unlawful IMHO because POPLA themselves are a service provider and have to adhere to the EHRC CoP re the Equality Act 2010.

Did you miss the fact we DO NOT advise you to rely on this at POPLA? Effectively you are now a test case complaint and I could put you in touch with the other poster so you can both complain and then - if unsuccessful - escalate it together to the EHRC as a formal complaint about POPLA.

Redx

achtzen18 wrote: »

Thanks. What is LBCCC? What does it do?

that question proves you still havent read the sticky thread by coupon-mad , here https://forums.moneysavingexpert.com/discussion/4816822 despite her asking you to months ago on the 29 NOV 2013

all acronyms are explained in there and they have been for more than a year

you have my sympathy and support despite losing at popla with a weak appeal, but not reading this thread properly (post #20) and also not reading the coupon-mad sticky thread has brought you to this low point, whereas had you carried on with forum advice before submitting your popla appeal you would have won at popla and not be worrying about all this now

I would forget PE for now and do as CM says in the previous post , because the sooner you start doing everything she tells you to the sooner this nightmare will end