Parking ticket when pulling over to vomit. Advice please?

pregnancy_parking

Hello
I'm looking for some advice please.
On 16th may I pulled into a shopping centre car park as I'm pregnant and was feeling sick. There were barriers at the car park entrance so I pulled into a delivery/loading bay area off to the side of the car park until I felt better. I was no more than 10 mins.
I recevied a parking fine from Park Watch 19th May addressed to my partner who was not with me at the time but is the reigestired keeper.
I have read the newbie thread and have studied the template, should I replace some of the points in the initial appeal with the fact that I am pregnant? If so should I omit some of the other points or just make this an addition?
Maybe pregnancy sickness is enough of a reason on its own or maybe some medical evidence to support this is the best way to go?
Any advice in this situation would be appreciated.
Thank you.

bod1467

Use the template and add a point:

f) The driver was a pregnant woman who used that location as a safe spot to stop to recover from a bout of morning sickness. As you are now informed of the circumstances for the stop, and that the driver's condition is covered by the Equality Act 2010, you are now obliged to cancel the PCN and cease all attempts to pursue it ... failure to do so may be an offence under the Act and subject to a counter-claim in the civil courts where such claims start at £500.

Feel free to delete the "rant" paragraph - the one below point e - from the template appeal.

Umkomaas

You could offer to send them proof of your morning sickness (and I wasn't thinking about a Doctor's note!).

pregnancy_parking

Thankyou bod1467 and Umkomaas (sorry for not coming back sooner I have been away):beer:
I sent my appeal off as you suggested and I've receievd the appeal rejection below, I now have option to use POPLA appeal. I'm worried now about taking this further, I am pregnant and could really do without a fine any greater than £60 which I still have the option of at the moment. What would my chances be via POPLA, do most people win this way?

we have taken into consideration the
mitigation that you have provided we have decided that the parking charge was correctly issued for
failing to comply with the parking conditions at the XXXXXX shopping centre, with regard to this
particular Restricted Area, and that is strictly for the use of Delivery Vehicles only, information which
is clearly displayed on the warning notices at the entrance and throughout this Tenant Delivery
Service Area. A Pay and Display car park is located within a few meters of where your vehicle is
parked and should be used on all future visits to this location

aguynameddarryl

Same situation happened with my wife three years ago - contact the landowners, and if that doesn't work, go to the press.

You'll be surprised how quickly the "fine" goes away then.

Redx

pregnancy_parking wrote: »

I sent my appeal off as you suggested and I've receievd the appeal rejection below,

I now have option to use POPLA appeal. I'm worried now about taking this further, I am pregnant and could really do without a fine any greater than £60 which I still have the option of at the moment.

What would my chances be via POPLA, do most people win this way?

we have taken into consideration the
mitigation that you have provided we have decided that the parking charge was correctly issued for
failing to comply with the parking conditions at the XXXXXX shopping centre, with regard to this
particular Restricted Area, and that is strictly for the use of Delivery Vehicles only, information which
is clearly displayed on the warning notices at the entrance and throughout this Tenant Delivery
Service Area. A Pay and Display car park is located within a few meters of where your vehicle is
parked and should be used on all future visits to this location

so appeal to popla using the usual legal arguments on here (not mitigation though)

popla is 50/50 , but better odds with the correct appeal wording as can be seen from recent 2015 examples on here

there is no chance of a "fine" as no private company can "fine" you, only a court can "fine" you

if you win at popla , you pay nothing at all, zilch , nada

you should also complain to the landowner and threaten a counter claim under the EA2010 due to your "condition" and the fact it was an "emergency"

if the landowner cancels, the PPC hasnt got any grounds to continue action

so do a popla appeal (but not based on what happened)

plus a landowner complain (based on "what happened" and the EA2010)

HAVE THE POPLA APPEAL CHECKED ON HERE FOR ANY OBVIOUS ERRORS OR CRITIQUE, MAKING SURE IT GETS TO POPLA BEFORE ITS EXPIRY DATE( CHECK THE EXPIRY DATE ON PARKING COWBOYS WEBSITE )

ManxRed

Yes, contact the landowners, make sure you mention the Equality Act 2010.

keepitlegal

I can't believe a PPC would stoop so low! Well I can believe it because you wouldn't lie unlike PPC's.
I wonder what would happen if the pregnant lady paid the parking ticket and then pursued a claim against the landowner for a breach of the EQ2010?

Keepitlegal

ManxRed

She could just pursue the landowner anyway, without having to pay the ticket. Just for the harassment and hassle.

keepitlegal

ManxRed wrote: »

She could just pursue the landowner anyway, without having to pay the ticket. Just for the harassment and hassle.

The judge wouldn't be impressed if she did it that way, your expected to explore all avenues to reach a solution, however if she paid the ticket she could ask the landowner to repay her the ticket price and compensate her for the treatment she had recieved from the PPC.

Keepitlegal

ManxRed

I do know the process - send cease and desist to debt collector/PPC (which they will doubtless ignore), send Letter Before Claim to landowner holding them jointly and severally liable for the actions of their agent, etc...

My point is that the OP doesn't necessarily need to pay the ticket before going down the road of making a claim.