Euro Car Parks (Peterborough) / breastfeeding

dammit

Hello all, newbie here. Apologies if this has already been covered, I have searched through all the posts but not quite been able to find something to cover my situation and a bit overwhelmed! Hoping somebody can help, would very much appreciate any advice.

Details of my fine:

Place: Bretton Centre Car Park, Peterborough
Date: 4/12/14
Time of issue: 14:47 (I'm not sure what time I arrived but probably around 11.15ish as I remember having a GP appt at 11.30am) - the notice to keeper doesn't state my time of entry.
Car park limit: 3hrs

I have two reasons I think I can use in appeal. The first is that the first I have heard of this fine is this letter dated 29/12/14 (opened yesterday as we were away for Christmas) which says that the driver has failed to pay the notice amount within the time specified and now the fine is increased to £90? I have 28 days to pay from date of this notice, but did not receive an initial notice with the reduced fine! Does this help me in any way?

Secondly, I am a breastfeeding mother and spent at least half an hour whilst I was there breastfeeding (which would have easily taken me over the limit) - I've read some people appeal using the Equality Act, is this something I can do?

I'm extremely annoyed because I was genuinely in the shops during all that time! Admittedly lost track of time but was a busy morning - GP, then lunch in the Sainsbury's cafe, toddler napped so did some Christmas shopping then sat in Costa for a while, when he woke he wanted a breastfeed and then off we went. I had to do a big food shop this morning and was still seething so went to nearby Aldi instead! Saved money and their car park has no restrictions!

Thanks in advance for any help.

Umkomaas

Was this a windscreen ticket, with photos of the ticket attached to your windscreen? Or was it a letter with photos focused on your number plate from pole mounted ANPR cameras?

dammit

It wasn't a windscreen ticket and looking at the signage today, the car park is monitored via camera/attendants. There is nothing on the notice to keeper re: photos. I took a picture of the signage on my phone earlier if this helps at all?

Umkomaas

1. If this was (ostensibly) a windscreen ticket, then they have jumped the gun in obtaining your details from the DVLA. They have to wait until after day 28 following the parking event to do that, therefore NO keeper liability.

2. If it was an ANPR camera capture, they have just 14 days after the parking event to get the NtK to you. So, on that basis, they are too late in delivering the NtK, therefore NO keeper liability.

3. If it was a hand held camera/smartphone with no windscreen ticket (aka a 'drive away ticket') they are breaking their KADDOE agreement with the DVLA and had no reasonable cause to request your details.

Whichever applies above - you can write to them, stating they have failed to comply with the requirements of the Protection of Freedoms Act 2012 and, as such, there can be no keeper liability. They need to contact the driver - you are under NO obligation to tell them who that was. Just make sure you don't give any indication in any communication with them who the driver was.

If it's 3 above, you need to complain to both the DVLA and Steve Clark of the BPA - email contact details in the NEWBIES sticky, post #6.

HTH

dammit

Thank you very much for your help. How do I find out how they ticketed me? Definitely nothing on my windscreen. The sign says it is patrolled and use of cameras and I have seen attendants in the car park when it first started being monitored. I've not received any copies of photos.

Or do I include all the reasons you've stated in my appeal? Many thanks. Sorry if I'm being dense.

awl45

Hi dammit
I too received a parking notice on the 19/11/14 after going to see a show at the cresset.
It states I was 17mins over the 3hr time limit and wants £50 now or £90 if not paid immediately.
My wife and I have been visiting the Cresset for shows for over 10yrs and have been directed to use the sainsburys carpark when the cresset one was full in the past.
Having just booked another show a note came with the tickets advising not to park at sainsburys for their shows .
I am at present appealing my ticket , and fully intent to pursue it all the way to county court if need be.
Euro carparks have used the appropriate signage and do use ANPR cameras, but ethically you cannot charge £90 for being 17min over the allotted time.
This is because the are actually invoicing you for using their carpark as they cannot legally fine you, but word their letters to make it appear that way.
Have you contacted Sainsburys to see if they have any leverage as being a regular customer it is for business.

ukmike

Euro car parks don't do courts so i wouldn't worry.

Umkomaas

dammit wrote: »

Thank you very much for your help. How do I find out how they ticketed me? Definitely nothing on my windscreen. The sign says it is patrolled and use of cameras and I have seen attendants in the car park when it first started being monitored. I've not received any copies of photos.

Or do I include all the reasons you've stated in my appeal? Many thanks. Sorry if I'm being dense.

If it's a windscreen ticket they would need to show a photo of it attached to your windscreen.

If it was ANPR it would be a shot from a high angle of your car going in and one going out with the times of entry/departure superimposed on the photos. There would also be a magnified image of your number plate.

If it was hand held, it would probably look more like a holiday snap.

Coupon-mad

It's not a fine and the NTK will say whether a PCN was issued. Read it.

thingamaBob

Umkomaas wrote: »

If it's a windscreen ticket they would need to show a photo of it attached to your windscreen.

If it was ANPR it would be a shot from a high angle of your car going in and one going out with the times of entry/departure superimposed on the photos. There would also be a magnified image of your number plate.

If it was hand held, it would probably look more like a holiday snap.

It sounds like the letter the OP has received is a second letter after the PCN and that the PCN has gone missing. Note she says "this letter dated 29/12/14..... which says that the driver has failed to pay the notice amount within the time specified and now the fine is increased to £90? I have 28 days to pay from date of this notice, but did not receive an initial notice with the reduced fine!"

They are using ANPR cameras at this site and I have a PCN from them which has pictures of the front and rear number plates with appropriate times underneath.

I believe the agents for the site are Wilkinson Williams and they can be emailed at g.imlah@wilkinsonwilliams.co.uk. (I sent a complaint email to that address before Christmas but got an out of office reply which said it would be read on 5th Jan. Also copied in CEO of Sainsbury's as anchor tenant)

I will be doing my own thread in due course but felt that the above may be of help here.

Coupon-mad

thingamaBob wrote: »

It sounds like the letter the OP has received is a second letter after the PCN and that the PCN has gone missing. Note she says "this letter dated 29/12/14..... which says that the driver has failed to pay the notice amount within the time specified and now the fine is increased to £90? I have 28 days to pay from date of this notice, but did not receive an initial notice with the reduced fine!"

They are using ANPR cameras at this site and I have a PCN from them which has pictures of the front and rear number plates with appropriate times underneath.

I believe the agents for the site are Wilkinson Williams and they can be emailed at [EMAIL="g.imlah@wilkinsonwilliams.co.uk"]g.imlah@wilkinsonwilliams.co.uk[/EMAIL]. (I sent a complaint email to that address before Christmas but got an out of office reply which said it would be read on 5th Jan. Also copied in CEO of Sainsbury's as anchor tenant)

I will be doing my own thread in due course but felt that the above may be of help here.

Good points well made! She has a ticket following a windscreen ticket then and should complain (as you rightly say) and appeal as per the NEWBIES thread.