Help. Breastfeeding parking fine

Rmac84

Thanks Redx. The other points you've made above are covered in the signage comments. I think I'll edit in the morning and re share. Thanks for your help at almost midnight!

Rmac84

Ok, so here is my latest edit. I think the Landowner Authority and signage are my most compelling arguments. Re grace period I have taken out the suggestion that it should be double time as that still wouldn't be enough for the 24 min breach before I purchased a ticker. I have hopefully made it compelling that the PoPLA official will understand that it does take longer for a mother. If you combine the 2 overstays, it's a total of 28 mins. So only 8 mins more. Anyway, any final comments before I submit.......

My comments on the operator evidence are as follows:

NO EVIDENCE OF LANDOWNER AUTHORITY – they have merely uploaded a copy of a letter (on Britannia own headed paper), which claims to be proof of Landowner authority. The letter has blanked out sections and therefore I cannot see any proof that this letter has genuinely been signed by the Landowner. Leading me to conclude that they have not proven the Landlord authority.

Further, they have not provided the following:
- unredacted copy of the contract with the landowner;
- The contract and any 'site agreement' or 'User Manual' setting out details including exemptions - such as any 'genuine customer' or 'genuine resident' exemptions or any site occupier's 'right of veto' charge cancellation rights;

This is key evidence to define what this operator is authorised to do and any circumstances where the landowner/firms on site in fact have a right to cancellation of a charge.

Addtionally, in BPA’s CoP under section 7 ‘Written authorisation of the landowner’, paragraph 7.3 it states:

7.3 The written authorisation must also set out:

a) The definition of the land on which you may operate, so that the boundaries of the land can be clearly defined
b) Any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation
c) Any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement
d) Who has the responsibility for putting up and maintaining signs
e) The definition of the services provided by each party to the agreement

Not everything mentioned above is present on the ‘letter’ they have presented as evidence, therefore they have failed to meet this requirements as requested.


SIGNAGE – I believe that the information the operator has provided does not prove that the signage is ‘prominent, clear or legible from all parking spaces’. The evidence photographs that I provided demonstrate that many of the signs are obscured due to being positioned at a low height. Therefore, when a car is parked in front it is not ‘prominent, clear or legible from all parking spaces’. They have not rebutted the issue regarding the height level of their signs.

They have failed to provide strict proof of where the car was parked and (from photos taken in the same lighting conditions) how their signs appeared on that date, at that time, from the angle of the driver's perspective.

They have also not rebutted the issue that the main signs at the pay machine are not facing outwards into the car park, therefore are only clearly readable when stood in front, not from a moving car.

They have stated that they do ‘offer a late payment option should an overstay happen, we allow up to 48 hours after the driver has left the car park to call to make a late payment should the driver contact us’, however this is not visible on any of the signage.

Grace Period – Britannia Parking have stated in their comments that their policy is 10 minutes. However they have not responded regarding additional time that they allow for disabled or breastfeeding mothers.

The BPA CoP doesn't actually specify what the minimum initial grace period should be for this, only the minimum grace period after.

Additional time should be considered in this instance as time to settle baby, feed baby, set the pram down, put baby in pram, secure car, walk to payment machine, find payment etc.

The fact that I am covered by the EA2010 means they "should" allow me longer. Some council car parks allow either 1 extra hour for myself, depending on who owns the car park. They have not refuted those ideas that they should take special consideration of the circumstances for persons covered by the EA2010.

They have not responded to my point regarding the BPA CoP section 16 and specifically not provided ‘evidence of their policies for dealing with disabled and breastfeeding mothers and how they comply with section 16' of the BPA CoP.

I paid for 2 hours, so there was no intention to not pay for parking, so this was not 'bilking'.


Discrimination – Their response “Under the Equality Act 2010 there has been no discrimination. Britannia Parking do allow for breast feeding on site however we kindly request users pay for the entire duration of their parking while on site” suggests that they have not given ‘reasonable consideration to mitigating circumstances and the mitigating circumstances prevented the motorist from keeping to the parking conditions’, which I am aware that POPLA is able to request that a parking operator cancels a parking charge if POPLA if they have not done so.

The Equality Act 2010 covers disabled persons, as well as breastfeeding mothers. Section 16 of the British Parking Association Code of Practice states that “You and your staff also need to realise that some disabled people may take a long time to get to the payment machine.” Therefore, this adjustment for disabled persons “should” also apply for breastfeeding mothers. They have not rebutted this.


Therefore, taking all the above into account, it is respectfully requested that this parking charge notice appeal be allowed.

Yours faithfully

Rmac84

Any further feedback on my previous post? I'd like to submit to Popla tonight

Redx

Rmac84 wrote: »

Discrimination – Their response “Under the Equality Act 2010 there has been no discrimination. Britannia Parking do allow for breast feeding on site however we kindly request users pay for the entire duration of their parking while on site” suggests that they have not given ‘reasonable consideration to mitigating circumstances and the mitigating circumstances prevented the motorist from keeping to the parking conditions’ , which I am aware that POPLA is able to request that a parking operator cancels a parking charge if POPLA if they have not done so.

the part in bold italics does not make any sense at all to me

otherwise I think you are good to go once that section has been edited

Rmac84

Thanks Redx, I'll update that and then submit! Will keep you guys updated with progress

Rmac84

Damn, it's a 2000 character limit for the comments section and no ability to add attachments! Will have edit it down. Unless anyone knows a way around this?

nosferatu1001

Email popla , address should be here so,where.

Redx

definitely email it as an attachment to popla

Rmac84

Thanks. Assume it's the info@popla.co.uk email address.

Do you think it's worth writing on the portal that comments have been submit by email on 9/11/2017. And maybe summarise in bullets the main points. Just worried it may not get included!

Coupon-mad

Yes this has been done before.