Help- parking eye invoice

Carol83

Thank you colliescarer
I have gone through everything last night and just te-read with your link.
I am a bit of a worrier and my husband said I should just pay it, but rely don't want to as I don't think it's fair to pay £ 60 or £ 100 for overstaying 15min because of my son.
I am just sleep deprived with a poorly child and concerned we might be in hospital again soon as spent most of past 6 months in and don't want to miss the chance to appeal.
I will wait to see if anyone have suggestions re: equality act 2010.

Carol83

There is so much to read in here, anyone with some specific points I should use please?
Thank you

ColliesCarer

Sorry to hear that - you have other things to focus your energies on and these guys really aren't worth any heartache - honestly.
As I understand it you have only recently received the PCN so have plenty of time to appeal.

re your question There is so much to read in here, anyone with some specific points I should use please?

Have you seen the template letter in the NEWBIES thread I gave you the link to?
That has all the other grounds you will need to raise.

You will be able to get this cancelled with at most an initial appeal to them followed by a well drafted POPLA appeal.

Hopefully the initial appeal will see it off - but be warned the chances are they will reject it - that's ok - that will give you a POPLA code and the forum will help you submit a winning appeal to POPLA.

Coupon-Mad is the forum expert on the EA 2010 - I'm sure she'll be able to advise whether the wording I've given you for the additional point you need to raise will be sufficient. She will probably be along this evening.

Would advise you to add the point I gave you to the template 1st appeal and then post it up here for comment.

Coupon-mad

I would send this to ParkingEye, which is pretty much what ColliesCarer suggested only I have removed the irrelevant stuff from the usual template and personalised it to focus on the Equality Act 2010 breach. Send it online in their appeals webpage (tick the box to say you are the registered keeper, do not divulge who was driving!):




Dear ParkingEye,

PCN number xxxxxxx
I am the registered keeper and was horrified to receive your PCN. The facts of the matter are:

1) Your ANPR camera system has an inherent flaw as it fails to make any adjustments for disabled visitors. The driver was certainly back at the car within the time paid for but they were alone with a baby who is oxygen-dependent. The underlying chronic medical condition of the infant passenger is a protected characteristic under the Equality Act 2010. The whole reason for any delay in driving away was because the baby's oxygen tank needed to be changed over urgently before leaving. Had you used parking operatives on site you would have been aware of this matter and no 'PCN' would have been issued.
2) In any event, the amount being claimed is not a genuine pre-estimate of loss to your company or the landowner.
3) You are not the landowner and do not have the standing to offer contracts with drivers.
4) In any case the Equality Act 2010 requires you to make 'reasonable adjustments' which includes adjustments of time. I require that your usual grace period is extended to cover this event.

Take formal note:
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. In addition, the driver and baby are protected by the Equality Act 2010 which specifically renders discrimination, harassment due to the effects of a disability and failure to make a reasonable adjustment, unlawful. The remedy for such a breach is liquidated damages and if you persist I will reserve the right to take legal action under the Act.

I require that the charge is cancelled under the circumstances and suggest that your Notices should make it clearer that your arbitrary time limits are subject to adjustment where a disabled customer is concerned. For your information, Councils such as Norwich and Lincoln have adjusted their policies in this regard, after being threatened with legal action by DMUK for trying to apply an arbitrary time limit to park to disabled people, per £1 paid:

http://www.disabilitynow.org.uk/article/norwich-blue-badge-victory

I realise that ParkingEye is certainly not an 'authority', however, your time limit is equally discriminatory. The only difference in private car parks is that you cannot restrict your time adjustments merely to Blue Badge holders, because the Equality Act 2010 prevails and covers all people with protected characteristics and their carers.

If you fail to cancel this PCN immediately I will take the matter up with the landowner because they will also be liable for the disability law breach caused by your arbitrary time limit. Please furnish me with the name and address of the landowner of this site, for service of court papers, if you decide not to cancel your 'charge'. You have been informed that I consider this to be harassment so any decision to send further letters rather than cancel the invoice will reinforce the evidence of your persistent unwarranted threat and you and your client may be required to justify your actions in court.

Carol83

Thank you so much coupon-mad, I would not have been able to put better wording down.
I will send it tonight when hubby at home to look after baby so I can do it properly.

Much appreciated

Carol83

So I have sent the appeal, exactly how coupon-mad has advised me.
I got an automatic reply on the site page but no e-mail confirmation, so I can't really prove I sent it.
Is it the same for everyone.
Also I did not bother sending DLA letter to prove my son's special needs, thought I would save it to POPLA and let's see if the appeal is enough to parkingeye.
Lets just hope they get back to me.
Thank you everyone, I will keep you updated

ColliesCarer

Hi Carol - yes I don't think I got an email confirmation from P E either but I also sent a back up postal copy.
If you decide to do this too, send 1st class from the post office and ask for a free proof of posting - don't send signed for or registered (they often refuse to sign for these and then there's proof they didn't receive it, whereas sent with proof of posting is legally deemed to have arrived in 2 working days).

Carol83

Thank you everyone
I am sending a back up written appeal tomorrow morning, just printed it now.
Do you think i should send a copy of my son's DLA letter, disability living allowance?

Many thanks

Coupon-mad

Personally I think it's none of their business but it's up to you...you could!

ColliesCarer

I agree with C-M and would also add why should you divulge such personal details to a bunch of sc****rs just so they drop their unenforceable attempt to take your money.