PCN for breastfeeding - Appeal lost with Premier Parking

nosferatu1001

Letter every time
Concise, polite but firm.

catfunt

Are you still going through the POPLA process too? Don't take your eye off that ball, as it is time limited - you only have about a month to use the code and appeal to POPLA.
Do this in parallel with any other action you are taking.

The_Deep

I always use a letter, judges love a paper trail. However, there is an alternative. When someone 'phones me, and it is important, I always send them an email synopsis of the conversion and ask them to let me know if they disagree with anything I have written. It works every time.

damargil

catfunt wrote: »

Are you still going through the POPLA process too? Don't take your eye off that ball, as it is time limited - you only have about a month to use the code and appeal to POPLA.
Do this in parallel with any other action you are taking.

Yes, I won't take it off but thanks for the reminder.

damargil

Thank you all for your support, I have been snowed under for a couple of days.

We have decided to contact the landowner by post. I have written the following text using your advice and some info from previous posts in the forum.

Your feedback is much appreciated.
_______________________________________________

Dear Mr. XXXX,

A Parking Charge Notice (ref XYZ) was sent to me as registered keeper of XXXX XXX on 24th of July 2017. I responded directly to Premier Park on 31st of July 2017 with a rather informal text explaining the reasons why we overstayed, please find enclosed copy.

Premier Park have chosen to reject our appeal. As we understand it, you as landowner of this car park have the power to cancel the Parking Charge Notice.

We do appreciate your good judgment in understanding that after the grace periods stated in the British Parking Association Code of Practice, there should be a little adjustment for breastfeeding mothers as they have protected characteristics in accordance with the Equality Act 2010, and we believe that a little extra time for breastfeeding would appear to be the most basic of such adjustments. As you might have noticed, we barely used the car park for five to ten minutes to breastfeed our baby.

We would be very grateful, if you could make it a priority to have this PCN cancelled.

We look forward to your reply.

Yours sincerely,
______________________________________________

Umkomaas

It might be best to quote specific paragraphs of the Eq Act and to remind them that they are jointly and severally liable for the actions of their agents.

Should this proceed to a court case, pursued by their agents, you reserve the right to call them as witnesses in the County Court.

Time for a warning shot across their bows!

The_Deep

Far too polite for my liking.

Coupon-mad

It needs to start by clarifying that this is a formal complaint about discrimination and harassment, by their parking agent. Needs to say what the letter is about = a formal complaint.

And make this more forceful:

As we understand it, you as landowner of this car park have the power to cancel the Parking Charge Notice, and remain jointly and severally liable in law, for the discriminatory actions of your agents.

At the end, give them a timeline to act to resolve the dispute and remove the source of the discriminatory barrier and harassment, by cancelling the charge within (say) seven days or you will complain to the local press and your MP, as well as Trading Standards.

damargil

I take from your comments that I need to take a more assertive approach, even though this is the first time that we are contacting the landowner, right?

Coupon-mad

Yes because your letter reads like an appeal, and the landowner will think, why is this being sent to me? And they might just pass it to PP. They certainly won't worry about it.

You need them to worry about it! You need to drum it home WHY they need to sit up and take notice - i.e. they are jointly and severally liable for discrimination against a breastfeeding mother by allowing their agents to charge her for the reasonable and minimal time taken to feed the baby, effectively. 20 mins is perfectly understandable.

By all means be polite but be assertive, make it clear at the start it's a formal complaint under the EA.