Another PCN from PEA since Winning at POPLA

Monyl

Hi, I sent the above letter separately, in addition to your template on day 26 and I received this reply from your legal representative on the 24 April 2019. I have not had time to reply yet due to my working hours but thought you would like a look at it. See below:

Dear XXXXX

We are in receipt of your email below in which you raise a complaint against our Client; Parking & Enforcement Agency Ltd ("PEA"). Our Client has reviewed this matter and confirms that, to date, your vehicle registration XXXX has received 3 Parking Charge Notices, for breaching displayed terms and conditions of parking, on land known as XXXXXXXX.

Parking charge XXXX was incurred on 15.05.2018. You appealed on 01.06.2018 and our Client accepted this appeal as a gesture of goodwill.

Parking charge XXXX was incurred on 28.06.2018. You appealed to the Independent Appeals Service and on 19.10.2018 your appeal was accepted.

Parking charge XXXX was incurred on 18.03.2019. You appealed this by email on 12 April 2019- see attached. Whilst our Client is satisfied that this charge was issued correctly, once again, and as a gesture of goodwill, they have instructed us to accept your appeal. Accordingly, this matter is now closed on our systems.

We would take this opportunity to respectfully ask that, should you have occasion to park on-site on future occasions, that you comply with the displayed terms and conditions at all times. Any further parking charges issued will be pursued in accordance with the terms and conditions of parking.

In respect of our Client's obligations under the Equality Act 2010, we are of the opinion that it would be reasonable, if required, for the text of the Parking Charge Notice to be provided to a motorist verbally. Alternatively and upon us being notified by a consumer that they are unable to read the font on a PCN, we are able to reproduce the text in a larger font and send to the customer as a PDF document. It is our submission that this meets the 'reasonable adjustment' criteria as set out in the Act. It would not be reasonable for our Client to be expected to make wholesale changes to the formatting of a parking charge notice, which is of course, a generic template.

We would take this opportunity to remind you that the aim of the Equality Act 2010 is to protect individuals from discrimination, and not to allow consumers to place disproportionate demands on an service provider.

We trust the above is self-explanatory but if you are in any doubt as to the contents contained therein, we would advise you to seek independent legal advice.

Regards

Colin Harris F.Inst.Pa
Legal Services Manager
W: solutionlabs.uk
E: charris@paymypcn.net


I have read that the BPA are now accepting signed witness statements from the parking contractors in their Code but not clear what information is meant to be in a witness statement.

waamo

Just for future reference if you win multiple appeals at POPLA you may find you stop getting tickets no matter how badly you park.

This game is all about the money and a POPLA appeal costs the company.

Coupon-mad

We would take this opportunity to remind you that the aim of the Equality Act 2010 is to protect individuals from discrimination, and not to allow consumers to place disproportionate demands on an service provider.

Oh what a shame...what about the disproportionate demands they place on victims?