ParkingEye letter for breastfeeding Mum

_lr1

Hi there,

I had a ParkingEye notice recently stating that the car had been photographed overstaying in a local retail park by half an hour or so.

The driver is a breastfeeding Mum, who was looking after a baby at the time and was feeding him during the visit to the shopping area in question.

I read the advice on the forum and sent a reply invoking the PE appeals process: although I didn't name the driver, I did state she is a mother nursing her baby who is under six months and that the delay was as a result of this. I also enclosed a receipt timestamped for the date and time of the trip which happened to include breast pads. The letter also reminded PE of their obligations under the Equality Act 2010.

In spite of this, I've received a standard letter in response asking me for the name of the driver.

I wonder if you can suggest what I should do next? Clearly my original letter has either been read ignorantly.

Many thanks

Redx

write back telling them that under POFA 2012 you do not have to name the driver, you want a cancellation or a POPLA code forthwith or you will report them to the BPA and the DVLA for breaching the recent BPA newsletter and BPA CoP

also ask them for the name and address of the person at P.E. who deals with any LBCCC for claims under the EA 2010 too ( LOL )

then, if you dont get your POPLA code , report them to the BPA and DVLA

meantime, complain to the landowner and shops and insist on a cancellation if they dont want an EA 2010 LBC

Stroma

They don't need the name of the driver.

Dear Parking Eye

The RK (Registered Keeper) of xxxxxx has appealed the invoice xxxxxx dated xxxxx, under the Protection of Freedoms Act 2012 the RK can appeal this invoice you have sent. You don't need the name of the driver, and it will not be disclosed to you!

Complaints have been forwarded to Steve Clark at the BPA , and to the DVLA for the obstructive way you have handled this. You have been informed of the reasons of appeal, this has not changed.

Now I am not asking again, either accept or reject the appeal, you have been informed that motorists should not have to ask repeatedly for a popla code, nor should they expect parking companies like parking eye not to comply to the Code of Practice by the BPA , or breach your Kadoe contract with the DVLA.

I hope I've made myself clear!

Faithfully
RK

ColliesCarer

Sorry if I'm asking a stupid question but are you sure their response didn't include a POPLA code - their standard responses are usually about 7 pages of guff and at the end some info about POPLA including a POPLA verification code.
Reason I ask is you only have 28 days from the date the code was issued to submit a POPLA appeal and you need to be sure it's not hidden in there somewhere.

EDIT - Additional questions - did you obtain proof of posting of your appeal letter?
If not are still within the 28 days for appeals?

ColliesCarer

The wording in blue in the quotes box was a suggestion made to another poster - it may be useful for you too to add to the end of any letter you send.

ColliesCarer wrote: »

.... I would suggest you add something like the points in blue below to the end of your letter - (mostly I've just extracted from the template appeal in NEWBIES with just a couple changes to add in the bit about POPLA code) to add a bit more strength and show them you will not be messed with

Take formal note:

(a) Your unsupported, unsolicited invoice and any further letters if you persist, will constitute harassment. If you continue, your contact and that of any agent will be deemed a 'serious and persistent unwarranted threat' as found by Lord Justice Sedley in Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) and I reserve the right to take the matter further. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice or issue a rejection letter with a POPLA code will reinforce the evidence of your persistent unwarranted threat and you may be required to justify your actions in court.

(b) Any obfuscation on your part, such as pretending I have to name the driver, alleging I was too late or was unable to appeal as keeper or requiring more evidence when clearly I have already set out my full challenge for this stage, will be reported to the DVLA and to your respective ATA, as a sanctionable breach of your Code of Practice.

(c) If you reject my challenge and insist upon taking the matter further I must inform you that I may claim my costs from you and my time at the court rate of £18 per hour. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses and legal fees as well as liquidated damages for distress arising from harassment.

By continuing to pursue me you hereby accept liability to pay my costs when I prevail and you acknowledge and imply full understanding of the above.

Yours,

The registered keeper

Stroma

Yes add that as well, these are not a definitive answers, and people here have different ways at looking at this. So the templates added above are mere suggestions. So use them or adapt them to your needs, but don't admit who the driver is as they don't need it.

_lr1

Thanks - definitely no POPLA code in the response.

Some good ideas there - will give them a go.

spacey2012

I would send something like this :


WARNING : NOTICE OF DISCHARGE OF POFA 2012 KEEPER LIABILITY
DO NOT IGNORE THIS LEGAL NOTICE;
Rejection of appeal, Dear honest (fine upstanding members of the business fraternity that provide such a valued service to customers of retail units).

I draw your attention to the fact that you were served with an appeal to a parking charge notice number **********
You have failed to offer a POPLA code in you written response and rejection of that served appeal, I now Herby place you on legal notice that due to your refusal to serve the registered keeper with a Alternative Resolution Dispute service so they can challenge your rejection that I now state you are in contravention of the Protection Of Freedom Act 2012.
Refusal to comply with the POFA removes keeper liability and you are served with notice that the registered keeper now legally discharges responsibility under the POFA to yourselves with regard to keeper liability.
If you have any answer to this served notice you should forward a POPLA code within 7 days to the registered keeper.
This letter is not sent without prejudice it is a served legal notice of your failure to apply POFA, this means that it will be used in evidence .

Certificate of postage obtained
This notice is deemed served one working day from postmark.

The registered keeper in receipt of parking charge number 763643643

---

You will have your popla code by return post.

Redx

I dont wish to be critical here as its an excellent letter , but I think its important

please change it to read POFA 2012 , not 13 , thanks

ColliesCarer

ColliesCarer wrote: »

did you obtain proof of posting of your appeal letter?
If not are still within the 28 days for appeals?

The reason for the questions above was because the letter you received could be an attempt to pretend your appeal was not received.
If you submitted on-line or obtained proof of posting from the post office if you sent it by mail then you should be ok but I would suggest including a copy of your appeal with your letter just to be sure.

Don't use signed for - they refuse to sign and then there's proof they did not receive it.
Get a proof of posting from the P.O.

spacey2012

PS send the letter to the "Company Solicitor" and a copy to the appeals department.

See how they like the same treatment they dish out .