PCN for breastfeeding - Appeal lost with Premier Parking

damargil

KeithP wrote: »

Why take the risk?

I don't think there is a risk but we are not going to argue about that.

Text updated....

APPEAL POINT 2 – DISCRIMINATION

Upon returning to our car our baby son became agitated, we quickly realised this was due to him needing a feed and as my wife is breastfeeding him we decided that it was best to feed him there in the car given the weather conditions and the fact that we had a 3 hour drive home.

Breastfeeding in public places is protected under the Equality Act 2010 for as long as you wish to breastfeed your baby, toddler or small child without an age restriction.

The Equality Act 2010, as stated below in Section 13, says that it is discrimination to treat a woman unfavourably because she is breastfeeding. It applies to anyone providing services, benefits, facilities and premises to the public, public bodies, further and higher education bodies and association.

Equality Act 2010; CHAPTER 15; PART 2; CHAPTER 2; PROHIBITED CONDUCT; Discrimination

13 Direct discrimination

(1) A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.

(6) If the protected characteristic is sex— (a) less favourable treatment of a woman includes less favourable treatment of her because she is breast-feeding;


We are aware that POPLA is able to request that a parking operator cancels a parking charge if POPLA considers that it has not given reasonable consideration to mitigating circumstances and the mitigating circumstances prevented the motorist from keeping to the parking conditions.

phillw

damargil wrote: »

I didn't come to the Forum before I appealed to Premier Park Ltd. I thought they would understand but I was wrong....

If they instantly waived the ticket as soon someone said they were breastfeeding, then every single car would mysteriously have a breastfeeding mother in it.

Coupon-mad

By the way, do I need any specific introduction for the appeal or should I just start with the different points as such?

Just say, this is my appeal re POPLA code xxxxxxxxxx.

I don't think there is a risk

There is. The EA on breastfeeding (in England at least, it's better in Scotland) only applies for the first 6 months.

Not that POPLA care about the EA; it's not the most important point.

If they instantly waived the ticket as soon someone said they were breastfeeding, then every single car would mysteriously have a breastfeeding mother in it.

Good.

You do realise private parking tickets are always a scam, yes?

damargil

Would you add the picture from the following link to the appeal to support the ANPR statement shown below? I would not like to compromise the rest of the APPEAL POINT 4.

https://www.tripadvisor.co.uk/LocationPhotoDirectLink-g191253-d7193229-i144323591-Premier_Inn_Tenby_Town_Centre_Hotel-Tenby_Pembrokeshire_Wales.html

I also believe that the signs tell drivers that ANPR technology is used but DO NOT state what the data captured by the ANPR cameras will be used for. Thus, failing to comply with the British Parking Association following statement:

21.1) You may use ANPR camera technology to manage, control and enforce parking in private car parks, as long as you do this in a reasonable, consistent and transparent manner. Your signs at the car park must tell drivers that you are using this technology and what you will use the data captured by ANPR cameras for.

Redx

yes, any and all suitable and relevant points should be included, you only have to trip them up on ONE point to win

and "our baby son" is fine , so as mentioned earlier, why take the risk ? no point

and as CM said, popla wont be interested in the EA2010, but a judge might if it gets further down the line (this isnt just a popla appeal, although it is for now)

win on one single point , or get them to back down at this stage, it all helps

damargil

Redx wrote: »

yes, any and all suitable and relevant points should be included, you only have to trip them up on ONE point to win

and "our baby son" is fine , so as mentioned earlier, why take the risk ? no point

and as CM said, popla wont be interested in the EA2010, but a judge might if it gets further down the line (this isnt just a popla appeal, although it is for now)

win on one single point , or get them to back down at this stage, it all helps

Thanks Redx,

I have managed to get a picture with a slightly better definition and it happens that underneath a text in red that says "no change?", there is a sentence that states "Hotel guests can pay up to 20 min after arrival".

Should I mention this in the grace periods or the discrimination appeal points?

Redx

yes , if you were a hotel guest, if it helps

I did say the following

any and all suitable and relevant points should be included, you only have to trip them up on ONE point to win

ANY and ALL means exactly that

System

and as CM said, popla wont be interested in the EA2010, but a judge might if it gets further down the line (this isnt just a popla appeal, although it is for now)

Redx - you'll need to read the comment about the applicability of EA and breastfeeding. It only applies if the child is under 6 months. In this case the child was 11 months so it is a red(x) herring

- the argument and not the child

Redx

I havent taken everything onboard , life is too short, but due to the EA2010 being featured in this appeal then I thought I would point out that "my young son" was better than actually giving the age out

its a bugbear of mine that when newspapers and tv etc give out details on a person or celebrity, they give the age out too, no idea why

the OP should be prepared enough to either use it in the appeal or in court, or not put it in if its not a factor (if a judge asks then fair enough , the OP should answer)

speaking frankly , on this forum (and generally on social media etc) there is far too much info being given out by people to total strangers

I have seen names , addresses , ages , VRM numbers , popla numbers , pcn references and countless other details that should not be put on the internet

I dont pretend to understand the EA2010 for breast feeding mothers , but as a disabled person myself with a qualifying condition, I told ASDA it would be a factor in any future court case should PE start to ticket my vehicle

so my reply is tainted with my own personal view of the EA2010, plus the DDA1995 and DDA2005 as well

hope that explains my comments, even if they dont apply to a baby of that age

The_Deep

I would still include it. You could say that the child is particularly grumpy and , if not fed on demand, will become extremely upset.