Excel parking ticket. Stated medical reasons. POPLA rejection.

KP40

Please help!

I parked in a Sainsbury's car park with my daughter and did some Christmas food shopping. I parked in a marked bay.

We finished shopping and drove out of the space. My daughter then announced she needed the toilet. My daughter has bladder weakness and is under the care of The York District Hospital enuresis clinic. While it is not a life threatening condition it does cause her some distress and is considered a medical condition.

As it was Christmas the car park was full. We circled three times trying to find a space. My daughter was by this point in pain and very upset. I saw a car pull out of a space so I drove in after it. It was unfortunately on double yellows (which I didn't realise at the time) We left the car went into Sainsbury's, used the toilet and returned to the car. We were no more than 5 minutes.

We got back to the car and the Excel employee was writing a ticket. He said there was nothing he could do. We left before he could put the ticket on the car.

I appealed to Excel they rejected so I appealed to POPLA and while they sympathised they also rejected. Excel submitted three photos of my car on double yellows but a fourth of a different car with the notice in the window. We advised POPLA of this but it didn't help.

I believe the fine to be discriminatory. We had just spent a lot of money in Sainsbury's. There were no other toilets near by. We live 15minutes from Sainsbury's and we asked permission to use the toilet. My daughter is 8 years old and finds her condition very embarrassing. I was panic parking but I parked in a safe place for a very short amount of time.

I don't know whether to pay up or continue fighting....

KP

Hot_Bring

No, you shouldn't pay.

You've done nothing wrong and your daughter's condition would be covered under the Equality Act. Sadly neither POPLA nor Excel care much about the Equality Act.

You should immediately write to the Sainsbury's CEO ( [EMAIL="justin.king@sainsburys.co.uk"]justin.king@sainsburys.co.uk[/EMAIL] ) highlighting that as Sainsbury's agent Excel has broken the Equality Act then so has Sainsbury's. Tell him that you are considering suing his company for damages as is your right.

Stroma

I endorse the above, this just shows how unethical parking companies are, and the reason why popla is not fit for purpose. Tell sainsbury that you will never shop there again unless they cancel this. Also ask them for the address for service as you are going to sue them for the illegal actions of their agents. They are equally liable.

Coupon-mad

This is indeed discrimination so you need to email Sainsburys and could have done so much earlier. Trouble is that Excel are not Sainsbury's usual PPC so I suspect this might be a multi-store retail park? If so your complaint about discrimination must also go to Excel and to the Centre Manager of the Retail Park, and the landowners if you can find them by Googling the name of the retail park.

You need to be proactive because Excel start small claims when people lose at POPLA - what an utter waste of the 'Golden Ticket' to win that appeal, as we have wording that wins every time, 100% record re POPLA appeals for over a year. It's all about the wording you used to POPLA - you should never have tried mitigating circumstances to POPLA (even their website tells people they don't consider that).

Here's the basis of a complaint letter to work with for Excel, Sainsburys, the Centre Manager and landowner:

https://forums.moneysavingexpert.com/discussion/comment/63814146#Comment_63814146

You would need to amend it quite a bit as this is an earlier stage complaint whereas yours needs to clearly state that Excel are now likely to try a small claim and if they do, you intend to counter claim under the Equality Act 2010 and include all parties in the action (show in your letter/email, all those who are to receive it to they can all see who is facing this action for disability discrimination - the damages for which are a lot higher than Excel's PCN).

HTH

KP40

Thank you so much, Brilliant advice. I will get fighting!!!

Coupon-mad

Just a thought - also include in your complaint the fact that the meaning of 'double yellows' is in fact not what many people think, it does NOT communicate 'no parking' at all. On street, with Council DYL, there are exemptions including 'assisted boarding/alighting' (which is what you were doing) and also disabled people can park there for 3 hours, and people can load/unload...etc., all of which are exempt activity on a DYL on street.

So, if a PPC 'copies' Highway code lines they can't make up other meanings otherwise it's not a clearly signed restriction. You were assisting your young daughter into and from premises in a medical emergency and she has a medical condition which is long-term, affects her daily life and so means she does indeed have 'protected characteristics' under the Equality Act 2010.

So - you could say - who would have thought the car could not be waiting on DYL in those specific (normally exempt) circumstances?

If Excel intended an area to be 'no stopping' at all, then it's up to them to sign it accordingly with double red lines, or yellow hatched markings, or 'no loading' kerb blips as well as DYL AND an upright sign at that place. That is, if they want the restrictions to be clear to people with medical conditions or children/elderly people who need escorting to/from the store. Otherwise it is unclear and unfair - and discrimination to harass you over the matter.

KP40

I have sent the email to the relevant parties! Now all I can do is wait!
Thanks again for all your advice. I will let you know how I get on.

bod1467

I assume you did NOT just copy-paste the example C-M linked, and that you followed her advice regarding restructuring it to suit your specific situation?

I ask this because some people just blindly copy-paste with no thought or understanding, and as such make their position worse not better. (I'm not saying that YOU did, but we have seen it before on here).

Custard_Pie

KP40 wrote: »

Please help!

I parked in a Sainsbury's car park with my daughter and did some Christmas food shopping. I parked in a marked bay.

We finished shopping and drove out of the space. My daughter then announced she needed the toilet. My daughter has bladder weakness and is under the care of The York District Hospital enuresis clinic. While it is not a life threatening condition it does cause her some distress and is considered a medical condition.

As it was Christmas the car park was full. We circled three times trying to find a space. My daughter was by this point in pain and very upset. I saw a car pull out of a space so I drove in after it. It was unfortunately on double yellows (which I didn't realise at the time) We left the car went into Sainsbury's, used the toilet and returned to the car. We were no more than 5 minutes.

We got back to the car and the Excel employee was writing a ticket. He said there was nothing he could do. We left before he could put the ticket on the car.

I appealed to Excel they rejected so I appealed to POPLA and while they sympathised they also rejected. Excel submitted three photos of my car on double yellows but a fourth of a different car with the notice in the window. We advised POPLA of this but it didn't help.

I believe the fine to be discriminatory. We had just spent a lot of money in Sainsbury's. There were no other toilets near by. We live 15minutes from Sainsbury's and we asked permission to use the toilet. My daughter is 8 years old and finds her condition very embarrassing. I was panic parking but I parked in a safe place for a very short amount of time.

I don't know whether to pay up or continue fighting....

KP

As has been stated, involve Sainsbury's. If they fail to resolve, go to the local paper. They would absolutely lap this up and you'll be on the front page (assuming you'd be okay with this).