ParkingEye first appeal rejected - breastfeeding mother

ozblackcat

Hello,

When I received my PCN from ParkingEye for an 18 minute overstay I read all the details on this forum and sent off my appeal, mainly that I was breastfeeding my 4 month old and that accounted for the overstay. I quoted the Equality Act and was very forthright that they cancel the charge or give me a POPLA reference.

They have done neither of these things, instead I have received a ridiculously templated response, pages thick quoting all sorts of legal precedent for them winning all the time (Bank of Zambia?! hello?!).

They did however have one sentence that quoted the Equality act stating (along the lines of) subsection blah states that if a didnt know b was a person with a protected characteristic they a cant be held liable for anything.

Am i right in thinking this is b****cks? I have actually now read the Equality Act and cannot find this part referenced, but surely once a knows that B is a person with a protected characteristic they have to abide by the Equality Act?

I received there response when I was on holiday and now have very limited time to get a response bak (ie, it has to be in the mail tonight!)

Any help in my response wouldmbe appreciated. Apologies for the slight ramblingnnature, but person b's baby does again require feeding...

Many thanks!

ozblackcat

Also, sorry for all the spelling mistakes... Please also ignore the there/their hideousness...

kirkbyinfurnesslad_2

Do your popla appeal tonight and submit it online

martmonk

I think the OP is quite clear in saying there is no POPLA code.

In which case you should complain to both the BPA and DVLA, details of how are in the 'Newbies' sticky.

Breastfeeding isn't mitigation, it's a protected characteristic under the EA as the OP has stated. Once they are aware they have a duty to allow reasonable adjustments.

Search on the forum and you will find some cracking example letters written by Coupon-Mad which you can send to both PE and the landowner/retailer.

ozblackcat

martmonk wrote: »

I think the OP is quite clear in saying there is no POPLA code.

In which case you should complain to both the BPA and DVLA, details of how are in the 'Newbies' sticky.

Breastfeeding isn't mitigation, it's a protected characteristic under the EA as the OP has stated. Once they are aware they have a duty to allow reasonable adjustments.

Search on the forum and you will find some cracking example letters written by Coupon-Mad which you can send to both PE and the landowner/retailer.

Thanks - you basically stated what I was going to!

I did read the forums which is how I formulated my original response to them. I also did not identify myself as the driver (which I determined not to do from these forums).

My question was whether I am right in thinking that now they are 'aware' I was breastfeeding, which they were from my first response, that the EA stands and by requiring my to return to my car mid-feed and fining me for not doing so, they have violated the Act?

Thanks for your responses.

hollie.weimeraner

My apologies;) I have deleted my original misinformed post:o

Lazos

Breastfeeding is protected under the EA, It is not mitigation.

If you have not been supplied with a POPLA code-they might have asked for something and 'extended' your appeal time. Have they requested any proof, etc?

Can you copy the EXACT phrase they used quoting the Equality Act? Someone here should be able to confirm it's BS but also give you a sturdy reply/complaint to the appriopriate authority using that as evidence.

The_Slithy_Tove

Lazos wrote: »

Can you copy the EXACT phrase they used quoting the Equality Act? Someone here should be able to confirm it's BS but also give you a sturdy reply/complaint to the appriopriate authority using that as evidence.

Indeed. When Coupon-Mad, the Queen of the Equalities Act, reads this thread, I'm sure she'll have some choice words for PE.

bod1467

Are you sure the POPLA code isn't actually there, just not obvious? (Which would be another breach of the BPA CoP).

martmonk

Also you haven't said where this was - supermarket, retail park etc. Previous experience here may be available for the location you have been 'caught out' at. In any case you should complain to the landowner.

ozblackcat

The_Slithy_Tove wrote: »

Indeed. When Coupon-Mad, the Queen of the Equalities Act, reads this thread, I'm sure she'll have some choice words for PE.

The exact quote is: "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"

Surely this is in reference to another section and not relevant at all! Plus, I don't class breastfeeding as a disability...

I have checked the letter again and there is definitely no POPLA code.