Help- parking eye invoice

Carol83

Hi all

I am not sure what to do, I have just received a parking eye invoice. In the invoice it shows a photo of my car leaving the car park 15minutes after my ticket expired.

At the occasion I arrived at the car in time but i was with my baby who is oxygen dependent in the car and had to change oxygen cylinder over before departing. I was silly to think it was ok to overstay and sort my son out as I was in the car, like I would if parked on street concil parking.

Now wanted to check if is worth appealing or shall I just pay?
Also do they need to give you time to leave the premises after tucked expires? Anyone knows how long?

Many thanks

spacey2012

Is this a retail park or a shop you visited ?

Carol83

It was just a parking space on street not retailer or anything.

Carol83

I was thinking of appealing and got the draft bellow

I would like to appeal the charge notice for my vehicle departing from the car park 15 minutes late from when the ticket expired on the 20th of march 2014.
I have a 5 months old baby who is oxygen dependent and requires it 24 hours a day who was in the car.
At the occasion when arriving at the car and checking my son's oxygen cylinder it was at it's end and it was necessary to change it to a full one before departing was possible, so my son would not have run out of oxygen.
My son currently receives DLA, disability living allowance, for his special needs, which proves difficult when going out to appointments as things like running out of oxygen in the cylinder is unpredictable.
I hope you understand that this was not an intended overstay at the car park but a delay in departing due to a child's special needs.
I understand that by my car overstay the landowner may have suffered some loss ( although the car park had only my car parked in it) by occupying the space of a paying car. Therefore I would be happy to pay the amount charged for up to 1 hour of £1.25 pounds, which would compensate the landowner for the 15minutes overstay of my vehicle.

Many Thanks
I would also provide DVLA letter

Any advise please?

ColliesCarer

Try not to worry - you will be able to get this cancelled with help from the forum.

Take a look at the following links

https://forums.moneysavingexpert.com/discussion/4816822

and take a look at the flow chart

https://forums.moneysavingexpert.com/discussion/4922055

for information and template letter for your 1st appeal to P E.

As your baby has a medical condition - you may also have an appeal points under the Equality Act 2010 for failure to provide reasonable adjustment for persons with protected characteristics
and also for medical emergency
but take a look at the information first and others more knowledgeable about the extra points I mentioned will be able to advise you on extra points to add to the template.

ColliesCarer

Your appeal needs to be based on the legal and technical issues and needs to be sent as registered keeper.
- read the link I sent you above - to understand what those are and wait for advice about how to phrase the additional points regarding your child's condition - in a way that focuses on the legal grounds

Carol83

I could not open the first link. What do you think about the appeal?
Many thanks

spacey2012

Where about's "On a street"

Sound worthy of a bit of investigation.

I would also adapt the template appeal to DEMAND not request, not ask, DEMAND that they make an adjustment under the equalities act 2010.
List why they must make an adjustment, just to point out again there is a very big legal difference between a demand and a request, one carries a lot of weight, the other can be ignored.

Can someone summons Coupon mad as well, I feel they may want some input on this one.

Carol83

You know the parking squares which are not in a building, just off the street and with a machine to pay and display, sorry didn't explain properly.
I read the newbies sticky, just finding hard to see if applies to my case.
Should I just use a template letter than and then when appealing to POPLA, do I explain what actually happened?
Should I mention my son's oxygen requirement on first letter at all?
Should I send a DVLA letter copy at all as proof?

Also is it ok to do the appeal online or better to post?

Sorry for too many questions
Many thanks

ColliesCarer

Carol83 wrote: »

I could not open the first link. What do you think about the appeal?
Many thanks

That is not an appeal I would advise you sending
You are identifying the driver which is not advisable as the Registered Keeper has stronger appeal points at the next stage
Also although you have strong grounds because of your sons disability - it's currently phrased in a circumstantial manner.

- you need to take time to understand the technical grounds for an appeal and not rush into sending an early and possibly naive appeal.
You are perhaps making the mistake of thinking they will be reasonable - they won't.

see the appeal template in the Newbies sticky - sorry my liink above didn't work - I've edited that post so that it now does but have reproduced it below too.

https://forums.moneysavingexpert.com/discussion/4816822

ColliesCarer

Carol83 wrote: »

....I read the newbies sticky, just finding hard to see if applies to my case.

Should I just use a template letter than and then when appealing to POPLA, do I explain what actually happened?

Should I mention my son's oxygen requirement on first letter at all?
Should I send a DVLA letter copy at all as proof?

Also is it ok to do the appeal online or better to post?

Sorry for too many questions
Many thanks

Carol, it seems to me you are rushing - why?

This doesn't need to be done NOW this minute and you need to give yourself time to understand the appeals process and why the grounds in the template 1st appeal apply to almost every case.

You need to include the grounds in the template appeal as well as your sons medical emergency - I'm not an expert in these areas but others who will be along shortly are - however an initial wording of an additional point could be along the lines of

"1/Medical Emergency and Failure to provide reasonable adjustment under the Equality Act 2010
The driver was accompanying a child who suffers from medical conditions that qualify as protected characteristics under the Equality Act 2010 and is dependant on oxygen. The whole reason for any delay was because the oxygen tank needed to be changed over urgently.
I enclose a copy of the …….

I demand that you cancel this invoice forthwith.