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Urgent Parking Eye Help Please - need to send appeal today!

24

Comments

  • Nikabella
    Nikabella Posts: 413 Forumite
    Yes, there are other retailers on the car park which we also used but as we were in ASDA when we overran & had shopped & eaten there we were told they could cancel it as we would be on the CCTV footage (but clearly this wasn't the case as the girl at head office got mixed up). I have since discovered that it looks like the land is owned by British Land?
    :DBeautiful DD born Jan 2007 :D
    :sad: One Angel baby lost April 2009 :sad:
    :D Beautiful DS born March 2010 :D
  • Umkomaas
    Umkomaas Posts: 43,863 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Baby/breastfeeding possibly brings in the dimension of the Equality Act 2010, which means some adjustments must be made by the retailer (which would include extra time) - so getting to the bottom of who the retailer is who has the contract with PE becomes more important.

    You can threaten to sue the retailer under the EA - some reading for you over the weekend. But you might just want to add a final paragraph to the PE initial appeal is that you are a breastfeeding mother which necessitated you taking extra time to leave the car park; you are aware that such adjustments are covered in the Equality Act 2010, and if your initial appeal is not upheld, you will be taking action against both them and the landowner under the Act.

    You could offer to send them a small sample of breastmilk if they require this - sometimes they ask for additional evidence when mitigating circumstance are put forward. Whilst this may seem to be a bit of a frivolous remark, I do mean it seriously - see how they respond.

    This gets more interesting with every post.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    I suspect asda is not the landowner then , hence why its PE

    stop worrying about court, it may never happen

    concentrate on getting this cancelled , either by PE or by ASDA , (or by the landowner)

    yes use bank statements, but redact your personal details , then scan or take a pic of them and add to your appeal

    concentrate on this appeal, nothing else

    if they dont cancel, concentrate on getting a popla code , nothing else

    in a hurdle race (or the grand national) , you worry about each "fence" as it comes, not the finishing line

    the EA2010 is something to think about for the future, not today
  • Umkomaas
    Umkomaas Posts: 43,863 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Nikabella wrote: »
    Yes, there are other retailers on the car park which we also used but as we were in ASDA when we overran & had shopped & eaten there we were told they could cancel it as we would be on the CCTV footage (but clearly this wasn't the case as the girl at head office got mixed up). I have since discovered that it looks like the land is owned by British Land?

    Any other retailers on site like Aldi, B & M, Home Bargains - these are more natural hunting grounds for PE.

    Please name some of those on site, then perhaps we can put 2 and 2 together on who has contracted here?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Nikabella
    Nikabella Posts: 413 Forumite
    The Grand National analogy is good, thanks. I'm not usually the type to be overwhelmed by these things but it's been a complicated couple of weeks personally.

    Other retailers on the site do include Home Bargains. Would it be helpful if I list all the others? There's quite a few. Including places that serve food but I can list them all easily enough.

    The ASDA store (when I went in as requested by Head office) did say they weren't the landowner.

    Sadly it wasn't me personally breastfeeding as mine are too old for that now but it was my friend breastfeeding the baby we had with us. I'd have quite happily supplied them with some breastmilk otherwise - I wonder if that's a first!
    :DBeautiful DD born Jan 2007 :D
    :sad: One Angel baby lost April 2009 :sad:
    :D Beautiful DS born March 2010 :D
  • Umkomaas
    Umkomaas Posts: 43,863 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 April 2015 at 4:28PM
    Home Bargains moves into the lead as suspect #1, but there may be better contenders, so a quick run down of the other runners and riders (sorry Redx, you and your Grand National analogy!!) might be worth us checking out.

    I'd still definitely put in the breastfeeding point, because this was your passenger. And still offer some concrete proof (not sure how concrete and milk relate!!) - yes, it will be a first (as far as I know). It does help to press as hard as you can to kill this off at stage 1, where rather paradoxically, PE are more likely to bend than almost any other PPC.

    EDIT: Your friend's receipts (or heavily redacted cc/bank statements) would be more than legitimate to submit with your appeal.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • ManxRed
    ManxRed Posts: 3,530 Forumite
    If there are multiple stores on site then most likely there will be a site management company like Jones Laing LaSalle, or Savills, or similar.

    Try and find out who this is - Google is your friend, or ask one of the store managers. Or ask the council who pays the business rates for the site.
    Je Suis Cecil.
  • Nikabella
    Nikabella Posts: 413 Forumite
    It is listed on here as being managed by Savills http://www.britishland.com/~/media/Files/B/British-Land/documents/BL_retail_contacts_2012.pdf

    Does this make any difference to my appeal? I need to submit it tonight if not.
    :DBeautiful DD born Jan 2007 :D
    :sad: One Angel baby lost April 2009 :sad:
    :D Beautiful DS born March 2010 :D
  • Umkomaas
    Umkomaas Posts: 43,863 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    1. Get your initial appeal off to ParkingEye, as a matter of urgency - just do it, it won't harm anything further down the line - missing the deadline will. Use the template 'as is', but make sure to add the EA 2010 points - go full-blast on that.

    2. Tomorrow/over the next few days compile and send off a snotogram to Savils - they have a decent track record in calling off their PPC dogs, right across the country. Tell them of the 'promises' made by their tenant, Asda, and how they've very badly let you down. Again emphasise the Equality Act 2010 nature of this complaint to them, and you will not hesitate to include them, as being jointly and severally liable for the actions of their agents - ParkingEye - in any action you propose taking if this charge is not urgently withdrawn!

    3. Write to Asda - tell them that as a result of their unfulfilled promises, you intend to include them in any action you take in the context of the Equality Act 2010. They simply can't allow employees to be issuing gratuitous, fob-off advice without being prepared to face the consequences of such. Make them squirm!

    Don't hold back, these are just letters, rattle their respective cages more than they've rattled yours.

    Keep us in the loop. Have a good weekend.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Nikabella
    Nikabella Posts: 413 Forumite
    Is this an acceptable way to refer to EA 2010 would do people think?

    f) As keeper I understand that the driver was accompanied by small children and infants which required breastfeeding and as such the Equality Act 2010 has been created to protect breastfeeding mothers and their party.

    I tried to word it from the keepers point of view.

    Thank you for all the support & help, you've been fantastic.
    :DBeautiful DD born Jan 2007 :D
    :sad: One Angel baby lost April 2009 :sad:
    :D Beautiful DS born March 2010 :D
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