Parking Eye CHARGE - 4 month old daughter

titch_bex

Hi

I was given a parking charge notice for being 30 minutes over a 3 hour free parking period. I appealed against Parking Eye and they have stated I 'did not provide sufficient evidence to show that you did not break the terms and conditions of the signage' and that my evidence of purchase 'did not meet the discretionary criteria set by the land owner'.

In my appeal I provided evidence of returning a shirt back to Next. I noted that it had take me 20 minutes to park up, get the pram set up, get my daughter into the pram and walk across the retail park to Next.

I then evidence by bank statement and points summary my visit to two other shops that I no longer had the receipts for. I also pointed out in writing that the retail park is split into two by a busy ring road. The two parks are accessible by foot under the road. I utilized both sides of the park by FOOT. In then went to Asda cafe to meet a friend for lunch. I paid by cash and was not given a receipt.

Just as I was leaving my daughter decided she wanted a feed so I was forced to breastfeed her in the car before leaving.

Parking Eye have said that my appeal was unsuccessful and I feel that I am being penalized for walking from one side of the park to the other, which if I had driven my car into the other and back again they would not have given me a charge. Also I feel that my daughter had a human right to be fed which can take 20-30min. what was i supposed to do.. not feed her?

Can anyone advise me where I stand and what, if anything, I can do to not pay I'm on SMP and cannot afford to pay it

Thanks in advance

Stroma

Well they are acting unlawfully by not making a reasonable adjustment under the Equality Act 2010, breast feeding mothers and their child are a protected characteristic of the Act. By not allowing your appeal they are breaking the law!

Now I presume this is England or Wales , have they supplied a popla code to appeal to popla? Have you made complaints to the retailers and landowner yet ?

titch_bex

Yes they supplied POPLA code. What would I need to say or do to be heard?

There is a beastfeeding facility in Mothercare which I used when I first got there hence why I also had to walk to the retail park and whilst I was there got some breastpads from boots and some house hold bits from homebargains.

I didn't move my car because I didn't see the point in disturbing my daughter who was asleep and it was a farce to get the pram back in the boot, by which time I could have walked there.

Guys_Dad

I may be wrong, but I can not recall any POPLA case being won on any similar situation as yours.

Yes, the Equality Act may apply but, unfortunately, at present, POPLA is an "Equality Act free" zone.

So, forget the facts. Go to the NEWBIES thread and copy a bog standard, guarateed win template appeal based on GPEOL and all the other points.

Your aim should be to win. How you do it is immaterial. Certainly many of the regulars would like to see POPLA take sensible appeal points and other laws into account, but unless you want to be a missionary on that crusade, go for the sure fire winner.

Stroma

I would add that whilst guys recommendation is sound, you should add the equality act breach in the appeal as well, and demand that popla make a decision on that as well as the other points. Also to make complaints to the retailers and landowner on this clear unlawful act by their agent Parking Eye. Without these complaints the status quo will continue

Guys_Dad

Stroma wrote: »

I would add that whilst guys recommendation is sound, you should add the equality act breach in the appeal as well, and demand that popla make a decision on that as well as the other points. Also to make complaints to the retailers and landowner on this clear unlawful act by their agent Parking Eye. Without these complaints the status quo will continue

I would back that advice as this will help those on here who are trying to help you. But the main thrust has to be the winning formula with mitigation points being a second line of attack. Particularly as a 4 month old does tend to encroach on your free time somewhat!!

Stroma

But an Equality Act breach is not mitigation, it's law not some terminology to get a ticket cancelled! It's about time popla considers points of law as they say they do. If it was me going to popla on a breach of EA2010 that would be my only appeal point.

But obviously we cannot ask the OP to do that as this about getting her ticket cancelled against PE. So you know what to look for in this.

1) Not a genuine pre estimate of loss
2) No authority or contract to pursue drivers
3) Inadequate signage that cannot convey a contract
4) Equality Act 2010 Breach as a breast feeding mum

You will find these much expanded upon in links in the sticky thread by coupon mad

Guys_Dad

You know it's not mitigation.

I know it;s not mitigation.

Now, all we need is for POPLA to recognise that too.................

see post #782 here, for example https://forums.moneysavingexpert.com/discussion/comment/64557514#Comment_64557514

Stroma

I don't want to take this off track, but to give them only one option to consider will tie them down to make a decision on that point only.

da_rule

Be careful in using the Equality Act in this way as pregnancy (including 6 months after birth) does not require reasonable adjustments. That relates to the protected characteristic of disability only. For pregnancy the duty relates to simply not treating someone less favourably because of their pregnancy. Have a look at this thread for another pregnancy issue: https://forums.moneysavingexpert.com/discussion/4936284

Stroma

I'm sorry you are wrong, the OP is not pregnant but a breast feeding mother, and businesses are not allowed to discriminate against people because of that. Parking Eye has been informed of the protective characteristic of this person, and has still turned the appeal. If popla did the same I cannot see how they are not in breach the same as the operator.


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