Parking Eye Home bargains PCN Wrexham Wales

Coupon-mad

This is odd.

I might be wrong but the OP appears to have sent the complaint to PE as an appeal. Did it ever go to the Store Manager or CEO of Home bargains? Why not seeing as that's why I posted it on page one and said it should be easy to cancel (ages ago)?

Send the complaint to the CEO of Home Bargains NOW if you didn't originally. There is a whole thread about 'Successful complaints' and the complaint was NOT meant to be used at POPLA stage (not the same thing at all).

Boy you missed the point for POPLA and it was explained where to find 'How to win at POPLA', way back in October.

Redx

my take on it was that the OP was complaining to PE and to the shop on the grounds of the EA 2010 , then for some reason decided it applied to the popla appeal, either as well, or instead

its certainly confusing but I believe their popla appeal only had the EA2010 included and none of the usual 3 appeal points that would have won it

it doesnt appear as if PE accepted the EA2010 appeal and no idea what happened with the retailer

totally confused me anyway, sorry to say , and a real shame they didnt check back on here after post #20 for our opinions on moving it forward

Stroma

Can I just say that an appeal using the Equality Act is not mitigation ! This is primary legislation, and parking eye, the landowner and popla are in breach of the Act. If a complaint is not successful then the next step is a letter before claim then possibly a small claim, though not sure about issuing against popla ( London Councils)

sarahg1969

Stroma wrote: »

Can I just say that an appeal using the Equality Act is not mitigation !

Exactly what I was going to say when I started at the top of the page and started reading through the posts.

Redx

at the moment its irrelevant what the definition for mitigation is, they turned it down and thats the point, so not arguing about our forum definition but arguing about THEIR actual definition is what should be concentrated upon, as should the fact that they SHOULD consider the EA 2010

its clear that in post #20 the OP was clearly told to formulate an appeal based on the usual winning points , she didnt do so , she based it on the EA2010 which was supposed to be the appeal to PE and to the retailer or landowner , but for some reason later admitted in post #24 she said she based her POPLA appeal on the EA 2010 only, and they refused the appeal as seen in post #22

I assume now that she wishes she HAD used the usual ones of not a gpeol , no standing and bad signage , I for one was appalled when I read this thread and the loss in post #22 , but as the CM post was buried at the bottom of page 1 and the advice to "use the usual winning points" was buried at the bottom of post #20 it seems to me that the OP didnt see them, didnt understand them or decided to go with the EA 2010 to everybody

not seeing the actual popla appeal doesnt help here either , but neither does arguing about the word mitigation

it is MY opinion that the OP used mitigating circumstances to explain the overstay, and popla refused on those grounds

Stroma

Yes but using the term of mitigation is misleading, the appeal was I'm not liable because of a reasonable adjustment under the Act has been disregarded, I'm sorry but that is illegal, and it should be pointed out that a discriminatory decision like this should not ever be called a wasted appeal akin to mitigation.

The point is popla are supposed be making decisions on points of law first instead of technicalities like pre estimate of loss, or terms in a car park, primary legislation is far above either of those, this decision is a disgrace!

Redx

I agree its a disgrace, said so all along, felt that way since I read the thread, but its not me that needs convincing, its POPLA , so I assume that is why CM is trying to help the OP by PM to raise it with POPLA or with another official body

I already stated that I would like to see the OP win in court and spank PE in the process , icing on the cake if Popla get spanked too

ps:- this was HOME BARGAINS , not Morrissons

and PE turned her down too , even mentioning the EA 2010 didnt apply here as far as they were concerned (see page 1)

as far as I am concerned , this one is nearly as bad as the lainiee saga

achtzen18

I am pretty inexperienced with forums and sometimes don't understand all the acronyms. I have to google a lot of them. Due to my motherly responsibilities I don't get long enough to spend at the computer. Took me 5-6 attempts to read all of the posts since my last post. CM and RedX I did misunderstand post #20. I thought providing POPLA with evidence (Baby's Personal records book AKA red book completed by the health visitor a week after the incident) that I am a breastfeeding mum would change things. I did not really understand the sticky notes bit... and it is my fault that I did not ask anything about it. Too late to regret that now.

I did send a copy of that angry letter to the CEO of home bargains but never received a response. Should I send another as recorded delivery?

When I made the POPLA appeal, PE provided a copy of the evidence checklist pack which contains printed copies of the Images of the signage and the signage plan.

As Stroma pointed out that being in breach of the EA 2010 is a discriminatory offence and that is why I thought it was a strong point to challenge the PCN with. Little did I know that POPLA wouldn't consider it in spite of the evidence I gave. A previous letter that PE sent me, gave me an impression that they would have waived the PCN if I had sent them a Home Bargains receipt (which I hadn't saved). Didn't know at the time that a PCN would be issued.

I will do as CM has now suggested. RedX- Thanks for providing the link to the Sticky notes for newbies. From the sound of your posts, I know I have let you down and I hear your annoyance at my ignorance. BTW I had to google OP .. now I know it is original poster. See that is how bad I am with forums


I must add though. I really appreciate all your help and time in assisting me with this. Thank you very much all

Redx

thanks for the info, it is as I suspected, a total lack of understanding that led to this shambles, so I am not having a go at you, I am frustrated that this could easily have been resolved once you understood what goes to who and why

this thread https://forums.moneysavingexpert.com/discussion/4816822 post #2 explains most of the acronyms used here, and you are correct about the OP part, this being you in this thread only

dont get me wrong here, if anyone wishes to become a test case for popla then they can do so as you seem to have done, test popla on one issue, but generally we include the main 3 points that win at popla that unfortunately were missed in your popla appeal due to you misunderstanding copupon-mad and post #20 , that was very unfortunate as I dont believe you intended yourself to be a test case in this matter

had you come back you would have been put straight and your popla appeal tailored to win on several key points , not just relying on what I call mitigation (your circumstances that led to the overstay), not the EA2010 being the sole appeal point either

my point being this could have been avoided quite simply a few months ago, and that is what frustrates me, as I try to help those in your position at the correct time when its needed

I am also protected by EA2010 but I know it never succeeds at popla , so I would also include those appeal points that do win at popla if it were me

its a disgrace that HOME BARGAINS never replied to you

its a disgrace what PE said to you in reply to your appeal based on EA 2010

its a disgrace that popla dont consider the law which is EA2010

its a disgrace your appeal wasnt upheld by popla

I am sure that with forum help you would win in court, you would also get costs awarded too , IMHO (another acronym)

I hope CM and others can help you beat this, I really do , because people like yourself should not be placed in this position for greedy profiteers like PE

the lainieee case was recently set aside , another PE debacle IMHO

https://forums.moneysavingexpert.com/discussion/4802567

I hope you can pursue this and win and would ask that you let us know if and when you do

I would also complain bitterly to HOME BARGAINS CEO yet again

If I knew more about it and had the ability I would help you sue Home Bargains and PE under the EA 2010 and cost them both money, never mind you never shopping there again ! , thats how strongly I feel about it. I would also help you win in court if I had the knowledge too

ps:- you are correct in that PE tend to waive these charges if a receipt is produced, shame you didnt have one at the time, I got one cancelled on that aspect myself, helping my relative

Coupon-mad

achtzen18 wrote: »

I am pretty inexperienced with forums and sometimes don't understand all the acronyms. I have to google a lot of them. Due to my motherly responsibilities I don't get long enough to spend at the computer. Took me 5-6 attempts to read all of the posts since my last post. CM and RedX I did misunderstand post #20. I thought providing POPLA with evidence (Baby's Personal records book AKA red book completed by the health visitor a week after the incident) that I am a breastfeeding mum would change things. I did not really understand the sticky notes bit... and it is my fault that I did not ask anything about it. Too late to regret that now.

I did send a copy of that angry letter to the CEO of home bargains but never received a response. Should I send another as recorded delivery?

When I made the POPLA appeal, PE provided a copy of the evidence checklist pack which contains printed copies of the Images of the signage and the signage plan.

As Stroma pointed out that being in breach of the EA 2010 is a discriminatory offence and that is why I thought it was a strong point to challenge the PCN with. Little did I know that POPLA wouldn't consider it in spite of the evidence I gave. A previous letter that PE sent me, gave me an impression that they would have waived the PCN if I had sent them a Home Bargains receipt (which I hadn't saved). Didn't know at the time that a PCN would be issued.

I will do as CM has now suggested. RedX- Thanks for providing the link to the Sticky notes for newbies. From the sound of your posts, I know I have let you down and I hear your annoyance at my ignorance. BTW I had to google OP .. now I know it is original poster. See that is how bad I am with forums

I must add though. I really appreciate all your help and time in assisting me with this. Thank you very much all

Send me a pm with your email addy and I can send you a copy of the POPLA complaint you can adapt and I can tell you who the other poster is who got a similar situation rejected by POPLA and is also complaining. Together you seem to have a strong case for an EHRC formal complaint about PE and POPLA as 'service providers'.

Such a shame you missed us saying 'you need to use the usual winning words' at POPLA stage. It could have been a one-liner. This was NOT the way to do a POPLA appeal and it is very frustrating to read. I am a Mum with 4 kids myself...never too busy to research stuff though...I have sued an Airline and got compensation before!