Advice Needed Please - Parking Ticket

manno_1988

Hi everyone. I hope you can help.

My partner has received a parking fine from Highview Parking for being in a shopping centre 7 minutes longer than the "allowed time". I understand there is a right to appeal this, and we feel we have a fair reason for appeal but not sure how/what to do.

Our 7 month old son has a disability which means we have to feed him via a tube which is a lengthy process. We had done our shopping and were feeding him before we left which was the main reason we went over the time. I feel this is a fair appeal to have the fine overturned, but not sure how I go about it?

I don't want to admit to who was driving the car to accept I'm in the wrong, so how can I go about appealing without providing those details?

All help will be greatly received.

Umkomaas

It’s all contained in the NEWBIES FAQ sticky, post #1. There’s a ready made appeal (in blue text). Almost always HV cancel the ticket on its receipt. The fastest turnround was 2 hours. Go beat it.

You might also mention your son’s disability and the need to feed him. The Equality Act 2010 requires reasonable adjustments to be made for people falling within scope of the Act. Tell (don’t ask/request/plead) HV to cancel this ticket otherwise you will be taking action against them and the retailer (or whoever owns the car park) for damages under the Act.

You should also mention that you are aware that their Trade Body - the British Parking Association’s Code of Practice provides a minimum of 10 minutes in which to leave the car park which clearly hasn’t been given in this case, and dependant on their response, you are minded to report HV to both the BPA and DVLA.

Get that off to them today and you’ll be clear of this by tea time. If not, don’t panic, we’ll get this out of your life.

manno_1988

Thanks so much. I'll go ahead with that and add in about the Equality Act too. I'll let you know how I get on.

Umkomaas

manno_1988 wrote: »

Thanks so much. I'll go ahead with that and add in about the Equality Act too. I'll let you know how I get on.

Please do. There are so many who happily milk every last drop from people who give freely of their time to help them, yet cannot return a small fraction of the effort with a quick one-line update. A source of some frustration on the part of regulars here.

Get your appeal off, soon as .......... then start your stopwatch!

Redx

grace periods apply too, so adapt this appeal (without mentioning who was driving) and appeal as KEEPER of the vehicle

no blabbing !! capiche ?

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

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.

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, mainly for the following reasons.

The Equality act applies here (now add your reason without giving away who was driving)

Clause #13 of the BPA CoP applies here and this appeal, any subsequent appeal and also any court case will have this as a prominent argument as to why this invoice should be cancelled.

Should you have obtained the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.



Yours faithfully,

pogofish

As well as appealing this, you should contact the shopping centre/store concerned directly, make them aware of the disability issue with your son and firmly insist that they get the ticket cancelled on your behalf.

Feeding and disability issues are covered by the Act and once made aware, even after the fact, the centre/store have to provide you with the appropriate reasonable adjustment - if they don't, they can be held jointly liable with the PPC for the breach of the Act and can face a significant penalty/compensation.

PPCs tend to be miserable about and highly avoidant of disability issues but the stores/centres themselves tend to be much more aware of the damage to their reputations that an action under the Act can bring.

manno_1988

As promised I have an update for you. So it didn't beat the fasted response of 2 hours, but today had an email to confirm that "upon a review and careful consideration the fine has been cancelled".

Thanks for your help peeps.

Umkomaas

Thanks for update, appreciate that.

So it didn't beat the fasted response of 2 hours

No worries, 2 hours, 2 weeks, same outcome - your £100 is safe in your pocket and Highview won’t be getting their hands on it!

Well done. :T