Parking Eye

Mongotino

My wife has received a parking charge notice from Parking Eye saying she owes £85 for being 24 minutes overdue on parking. She is a wheelchair user and was shopping with our daughter. Should Parking Eye take disability into account? Are their grounds on which we can appeal?

They don't know who was driving although they claim we "should tell us the name and current postal address of the driver."

Would appreciate any advice.

salmosalaris

Two prongs of attack
1. Appeal to PE - do it online on their website and take a screenshot

Dear Parking Eye
Re PCN xxxx

I am the registered keeper of vehicle xxxx. The vehicle was used purely for the purposes of shopping on site so consequently your charge is nothing but a penalty as there is no justification for it whatsoever .
Attached are copies of receipts for purchases made . I would also advise that one of the occupants in the car is a wheelchair user.

If you do not accept this challenge and cancel your charge you are required to refuse it and issue a POPLA code at the same time.
No further communication will be entered into

Yours
Xx

2. Hassle the retailer or managing agent if it is a retail park .


When you have your POPLA code return here for advice as it is critical that you appeal to POPLA correctly as mitigation is irrelevant .

Mongotino

Thanks for this.

Guys_Dad

salmosalaris wrote: »

Two prongs of attack
1. Appeal to PE - do it online on their website and take a screenshot

Dear Parking Eye
Re PCN xxxx

I am the registered keeper of vehicle xxxx. The vehicle was used purely for the purposes of shopping on site so consequently your charge is nothing but a penalty as there is no justification for it whatsoever .
Attached are copies of receipts for purchases made . I would also advise that one of the occupants in the car is a wheelchair user.

If you do not accept this challenge and cancel your charge you are required to refuse it and issue a POPLA code at the same time.
No further communication will be entered into

Yours
Xx

2. Hassle the retailer or managing agent if it is a retail park .


When you have your POPLA code return here for advice as it is critical that you appeal to POPLA correctly as mitigation is irrelevant .

The problem with this is that it is "aggressive". Right approach for some cases, but in this case, the OP is suggesting that the reason is because his wife is disabled. If she has a blue badge, then I would initially appeal saying that the reason there was an overstay was because of her disability. Lack of walking ability, need to use loo, etc.

Enclose a copy of BB plus any evidence of spends on site. PE are probably in the top 3 for cancelling when proof of spend is made to them and they may, just may, take her immobility into account.

salmosalaris

Fair comment
Dress the letter politely but don't embellish too much and certainly don't disclose the driver
Let's see if they have a compassionate side ;-)

Mongotino

Thanks for these.

Assuming PE have no heart, what's my next line of attack?

Marktheshark

The first line of attack should be the retailer or owner of the site.
You DEMAND, not ask, that they make an adjustment under the disability act as the disabled person was not able to complete the task in the same stopwatch fashion as an able bodied person, therefore a demand is made to adjust the conditions to take in to account the disability and instruct their agent to cancel the charge.
State As principle they remain liable AT ALL TIMES for the actions of their agents.
As you understand this agent they employ enjoys taking vulnerable people to court, I shall therefore make it very clear at this point I will issue a counter claim for compensation under the disability act should this matter progress to that stage with you named as counter claimant.

beamerguy

Marktheshark wrote: »

The first line of attack should be the retailer or owner of the site.
You DEMAND, not ask, that they make an adjustment under the disability act as the disabled person was not able to complete the task in the same stopwatch fashion as an able bodied person, therefore a demand is made to adjust the conditions to take in to account the disability and instruct their agent to cancel the charge.
State As principle they remain liable AT ALL TIMES for the actions of their agents.
As you understand this agent they employ enjoys taking vulnerable people to court, I shall therefore make it very clear at this point I will issue a counter claim for compensation under the disability act should this matter progress to that stage with you named as counter claimant.

Perfect Mark, this is the only way to go and most importantly .. it works

The_Deep

Unfortunately, there is no such thing as "The Disability Act", it has been replaced by this.

http://www.legislation.gov.uk/ukpga/2010/15/contents

They would have no defence against a complaint of discrimination under this act

salmosalaris

Mongotino wrote: »

Thanks for these.

Assuming PE have no heart, what's my next line of attack?

You win at POPLA

I would ignore the rabble rousers . There is not a single scrap of evidence of them counter claiming against the landowner succesfully . Don't threaten things you have no intention of carrying out .
But definitely complain to the retailers however get them on your side .

Which retailers , car park ?

beamerguy

Mongotino wrote: »

Thanks for these.

Assuming PE have no heart, what's my next line of attack?

Parking Eye are just money collectors.

Two options or both

1: Appeal to PE with the facts. Then wait to see if they reject it, If so, they will give you the option to appeal via POPLA and advice what to do is here

All very time consuming and stressful, and it will be way into January until you get an answer,

2: Contact the CEO of the retailer with the facts because CEO's are becoming more aware of the scam that faces their customers.
There are some CEO'S who have not grasped the fact yet, they will shortly.
Ask for them to cancel the ticket. They either employ the parking companies or they are part of a retail park whereby the rents will include the service charges to land owners. Never be put off, you do not have to shop in that store again, just tell the CEO