Disabled bay parking ticket

Zaane

I was just under 4 weeks post delivery by C-section and out for the first time. I was able to drive safely, but was tired and in some pain by the time I got to the supermarket car park(I had been elsewhere before getting there). It is more a small retail park with 2 other shops.it was Saturday and nearly 7pm. I had my baby with me and needed to return something for a refund. I parked in one of the 5 or 6 disabled bays which were all empty. After returning the items, I came out of the store to see another car parked in the bay next to my car. My baby was crying so I left the pushchair out of the car, took her into the back seat and began to feed her. I saw the man in the parked car watch me and a few minutes later come out and take photos of my car. At this point I realised I was getting a ticket. I rushed out and appealed to him, the rest of the Disabled bays were still empty. He refused to cancel the ticket saying he waited 6 minutes before he issued me the ticket. I received it in the post two weeks later. The company is called excel but somehow also have Vehicle control services logo. I had the option to go online and appeal, which I did. I explained all details and even attached my baby'birth certificate. One of the photos shows the pushchair standing next to my car while I fed baby in the back seat. I found it strange that the acknowledgement of my appeal,which wa an automated email, said I should contact them if I don't hear from them with 28 days after appealing! However I have now received an email with an attached pdf of a letter saying mybappeal gas been turned down and I must pay the reduced £60 within just over a week or pay £100 after that period. My other option is appeal to the IAS. Shall I just pay up or do I have a chance of my appeal being accepted? I would struggle to pay the £60 but am scared I might end up paying a lot more if these guys are really going take me to court if I don't pay. To be honest, their letter attache with the email, doesnt make any specific reference to tgebpoints ive made in my appeal. It sounds very vague and looks like they didn't even read my appeal. ..they have made up their minds to get mone of me. I would appreciate any help or advice.

Redx

please edit the post into paragraphs using the return key so it becomes readable to us , that way we may be able to help you , whereas all that is would be a great wall of illegible text that I for one find impossible to read

click edit on post #1 and split it into chunks

Umkomaas

You'll need to put some paragraphs into that wall of text before you can reasonably expect anyone to plough through it without ending up with a headache.

Hit the 'Edit' button, then hit your 'Return' key on your keypad a few times.

Zaane

I was just under 4 weeks post delivery by C-section and out for the first time. I was able to drive safely, but was tired and in some pain by the time I got to the supermarket car park(I had been elsewhere before getting there). It is more a small retail park with 2 other shops.

it was Saturday and nearly 7pm. I had my baby with me and needed to return something for a refund. I parked in one of the 5 or 6 disabled bays which were all empty.
After returning the items, I came out of the store to see another car parked in the bay next to my car. My baby was crying so I left the pushchair out of the car, took her into the back seat and began to feed her.
I saw the man in the parked car watch me and a few minutes later come out and take photos of my car. At this point I realised I was getting a ticket. I rushed out and appealed to him, the rest of the Disabled bays were still empty. He refused to cancel the ticket saying he waited 6 minutes before he issued me the ticket.

I received it in the post two weeks later. The company is called excel but somehow also have Vehicle control services logo. I had the option to go online and appeal, which I did. I explained all details and even attached my baby'birth certificate. One of the photos shows the pushchair standing next to my car while I fed baby in the back seat.
I found it strange that the acknowledgement of my appeal,which wa an automated email, said I should contact them if I don't hear from them with 28 days after appealing! However I have now received an email with an attached pdf of a letter saying my appeal gas been turned down and I must pay the reduced £60 within just over a week or pay £100 after that period.
My other option is appeal to the IAS. Shall I just pay up or do I have a chance of my appeal being accepted? I would struggle to pay the £60 but am scared I might end up paying a lot more if these guys are really going take me to court if I don't pay.

To be honest, their letter attache with the email, doesnt make any specific reference to tgebpoints ive made in my appeal. It sounds very vague and looks like they didn't even read my appeal. ..they have made up their minds to get money of me. I would appreciate any help or advice.

Zaane

Sorry I couldn't edit it, probably my phone has some issues. I've posted it with paragraphs in the comments/reply.

Redx

these people are only interested in your money , they dont care about your health , or your baby , or your story either

VCS and EXCEL are sister companies owned by the same person (or same family) and are in the IPC , see the NEWBIES sticky thread for details (near the top of the forum)

the actual PPC could issue a court case (MCOL) within 6 years to try to obtain the money for the invoice you have been presented with (that is all it is , an invoice)

in their minds you were in a BB bay without displaying a BB , the fact that you may well qualify under the EA2010 is of no consequence to them

ideally , you now complain to the landholder, and mention the EA2010 , and insist on a cancellation

if this does go to court , you may be able to counter claim under the EA2010, but CM would be able to tell you better than I can, if she replies

dont bother with the IAS, or any debt collectors

the signs on site should tell you who is patrolling the site

the paperwork should match , ie:- the same company , not the other one

as their CEO was there watching you , that same person should have warned you that staying there would result in a ticket , and allowed you the opportunity to leave (mitigate their losses) - they did not do this so its an extra defence point

Umkomaas

Thanks for spacing that out, much more readable.

You're dealing with an IPC operator where no reasonable appeal will result in anything other than a flat-out rejection. So don't feel deflated by yours. While we have no official figures, just going on information we have on the forum, 99% are summarily rejected by IPC parking operators.

Were you breastfeeding your newborn? If so you are entitled to adjustment under the Equality Act 2010 (you need to read up on it, so Google will be your first port of call on this).

Pretty pointless pushing this at Excel/VCS (sister companies), so you need to go in hard on it with the retailers on site (or the managing agent looking after the site). Get in touch with the retailers first to try to determine who has contracted with Excel/VCS, if it's not them, they will probably advise who the MA is.

£500 minimum for breaching the EA2010, but for breastfeeding mothers.

But there is never an excuse to occupy a disabled space, unless you have an entitlement to do so. A 'newborn' provides no such entitlement!

Zaane

Yes I was breastfeeding the new born.
You just said no excuse for occupying disabled spaces, so am I better off spying the £60 ?

Coupon-mad

Zaane wrote: »

Yes I was breastfeeding the new born.
You just said no excuse for occupying disabled spaces, so am I better off spying the £60 ?

No, no-one will tell you to pay because you would be funding the next PCN which could be received by someone vulnerable. Please read the NEWBIES thread. DO NOT try IAS stage appeal. The reasons are explained in the NEWBIES thread post #3.

BTW, breastfeeding or having had a Caesarean does not allow you to park in disabled bays, just so you are aware, nor can parents use disabled bays when the pointless Mother & Baby gimmick bays are full. And I say that as a Mum with 4 kids who has also driven after Caesareans so I know what it's like but you could and should have parked in a normal bay.

The rights under the EA extending to breastfeeding Mums are strong in Scotland but weaker in England (how come Scotland seem to always get these things right, as regards consumer laws?!). So you didn't have a right to park there unless you have a long-term (over 12 months) disabling condition or impairment.

Don't pay but you do need to know Excel might sue and you may have the fun of defending it - look at BW Legal threads and come back if you get those letters or a claim to defend. Not such a big deal as you think. DO NOT sponsor Excel for an ''easy life'', stand firm.

My other option is appeal to the IAS.

That is not an option. Your 'other option' is as above, ignore them until you get BW Legal letters then come back.

Redx

Zaane wrote: »

My other option is appeal to the IAS.

read here about the sham IAS , sham IPC , sham GLADSTONES

http://parking-prankster.blogspot.co.uk/2017/01/wheels-fall-off-for-gladstones-at.html

now is it sham ?? or sc@m ??

either way , the outcome remains the same and you could weaken your position when the IAS turn you down flat (its all weighted in their favour , dont fall for it)

CM has explained the details to you in full above ; and believe me you wont get better information than the above anywhere in the UK , not even if you paid for it

I wasnt sure about the EA2010 but she has spelt it out and so those are the facts which you should take heed of and please use "normal" bays in future. those bays are provided "by law" for the use of those who qualify under the EA2010 (like me) , SADLY , you do not (even though maybe you should for the maternity period)

at least you now have all the facts before you to make a decision

best wishes , regardless of the outcome

Fruitcake

In short, you parked in the wrong bay, but the parking scammer who saw you should have asked you to move and thus mitigate their loss.
You appealed to the parking scammmers but they rejected it. A second stage appeal is useless.

A breast feeding mother has protected characteristics in accordance with the EA2010.

Complain long and loud to the store manager in front of other customers that a pervert working for Excel Parking Services was taking pictures of you whilst you were breastfeeding and you want the ticket cancelled. Write or send an email to the CEO if that gets you nowhere. The local and national press might take that up as well, and you should tell your MP.