Overcharge at Liverpool Adelphi. No time to appeal.

MrStephen_2

Hi,

Well, I wrote to the Adelphi, mentioned extenuating circumstances re: feeding the baby, bur the response couldn't be any less helpful.

They said theyd only ask PE to waiver a charge if Adelphi staff had neglected to put a regular number onto the computer. No response on the EA front at all.

System

@Half_Way. You don't know Britannia's background do you? If you find the Adelphi too posh they own Pontins. Haven't a care in the world.

MrS - Go with breastfeeding/Equality Act as well as the usual in the blue appeal.

fisherjim

From what I understand of Britannia, they would probably have chosen Parking Eye for the very reason they are so litigious, and actually seem to like bad publicity.

http://www.independent.co.uk/travel/news-and-advice/britannia-hotels-is-the-worst-chain-in-uk-satisfaction-survey-finds-9818630.html

Don't forget they promoted the awful manager Mrs. Downey up to director in spite of showing sheer contempt for both customers and staff.
The documentary series about The Adelphi some many years ago now was hilarious in how dire it was, and the group just carries on making millions. The New Burstin in Folkstone is another disgusting place.

Fruitcake

Add the breastfeeding/breach of EA 2010 if you want, but only stating that an occupant of the car was breastfeeding.

Otherwise just use the BPA template as it is. Mitigating, extenuating, what happened on the day circumstances just don't work with parking lie or PoPLA, so you need to stick with the tried and tested methods.

System

The New Burstin in Folkstone is another disgusting place./QUOTE]

One of the previous owners of the Burstin had drawn up plans to use the place as a hostel for immigrants.

Reckon they would stick it for a week and then go back.

Half_way

To claim under the EA you need to inform them that that it your intention to do so should they not cancel.

As for the reputation of Britania, who cares? either which way you need to make sure that they get the message that a scumbag parking company is no way to treat customers, and if necessary you need to give them a so called kick, weather it be through a costs claim or by tying their staff up in dealing with this ( or preferably both )

MrStephen_2

I went with this in the end.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers before they park.

Further, I understand you do not own the car park and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. I believe the driver may well be eligible for cancellation and you have omitted clear information about the process for complaints including a geographical address of the landowner.

Futhermore, the £100 fine equates to £4.35 per minute 'overstay' which appears grossly disproportionate to any potential estimate of loss incurred by the business.

Finally, I believe that you are acting in breach of the Equality Act 2010, which supersedes any contractual law. One of the car's occupants is a breastfeeding mother. She fed her child upon return to the car which accounted for any supposed overstay. A business cannot discriminate against mothers who are breastfeeding a child of any age. I am copying this appeal to National Childcare Trust (NCT) and La Leche League (LLL) to let them know how outraged I am that Parking Eye are harassing a breastfeeding mother for a disproportionate and discriminative penalty charge and I will be advising new mothers against using Parking Eye sites in future. Your clients should be thoroughly ashamed of the way you treat consumers visiting their premises and I will not hesitate to use social media to inform others.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

I have kept proof of submission of this appeal and look forward to your reply.

===

Couldn't really think of a way to 'force' the Adelphi to get the ticket cancelled for me. They're clearly not willing to listen or engage whatseoever. And what reputation do they have to damage anyway?

Umkomaas

Couldn't really think of a way to 'force' the Adelphi to get the ticket cancelled for me. They're clearly not willing to listen or engage whatseoever. And what reputation do they have to damage anyway?

You thoroughly bone up on the Equality Act (breastfeeding mothers section), then you issue a Letter Before County Court Claim to the Adelphi. You also need to bone up on how a LBCCC is constructed and issued.

That will 'engage' them. If it doesn't, you file a MCOL. Minimum recompense is £500 within the Act.

Coupon-mad

Futhermore, the £100 fine equates to £4.35 per minute 'overstay' which appears grossly disproportionate to any potential estimate of loss incurred by the business.

Do not include anything about 'loss' - they will just respond 'Beavis case'.

MrStephen_2

Thanks for your help all. I phrased the appeal as described, but also added a section about the fact a passenger needed to breastfeed a baby.


Appeal refused.


Any next steps advice...?