Mitigating circumstances

RebeccaMG

Hello, I am new and still reading everything but I'm not sure where to look for this. I know I've already done things a little wrong, but I'm hoping you can help save things!

We received a PCN through the post from Euro Car Parks as we overstayed in a local shopping precinct's car park for 45 minutes. This was because of my disability - there were no disabled spaces free so it was a bit of a trek and sadly on our way back to the vehicle had an attack which meant I could barely walk. Sadly we had left my wheelchair at home as I thought I was ok - never doing that again. The location of the car park meant that my husband couldn't go and fetch the vehicle and get it closer to me as there was nowhere legal that he could stop and get out; so we basically had to struggle me slowly to the vehicle.

This is a car park that has not charged for years and only recently started, with cameras timing you. We did not know and didn't even see the cameras let alone the new sign. So the PCN was a bit of a surprise. It is for £85 (or £50 if paid early).

I appealed it as there were mitigating circumstances; I did this within the 14 day lower-fee time as it would extend the time to pay the lower fee. I did the appeal online in his name but there was a problem - I went to upload some stuff then go back using their buttons to add more to the appeal, went forward again to the upload page only for the appeal to get submitted without me pressing the button. I have no idea what the appeal said in the end and we didn't get a bounce-back email confirming the appeal was submitted either. I therefore called them after a couple of weeks as I had received nothing, too find out if it actually went through and how to send in an attachment that I wanted to upload in the first place. They confirmed the appeal was in and how to email in the attachment. I did this that day. The attachment was a letter from my doctor confirming my condition.

Within a couple of days I received an e-mailed letter saying the appeal was denied. They had not looked at the attachment. They denied on the basis that disabled people with blue badges do not get any concessions. They didn't even bother considering the fact that I had an attack.

I have today noticed that the picture of the sign they attached to the letter does not say how much the charge is in large letters! Just the maximum stay length of 3 hours is in large! I'd post a picture but as a new user I can't just yet.

I looked at the POPLA website and it says they never allow an appeal on mitigating circumstances.

I'm now not sure which route to take. I see that complaining to the landowner might be a good idea as we certainly aren't going to use that car park again, and I believe this is being taken up by many people. I also think I can do something about the signage as it doesn't state there is a fine in large letters. It also doesn't state any grace period etc. However beyond that I'm not sure how a POPLA appeal would go or which of the kindly produced appeal templates to use. We didn't spend anything in this precinct so have no receipts - we went to a cafe just outside and then looked around the shops.

My husband just wants to pay it to get rid of it but for me this is a matter of principle. What if I had needed an ambulance? The waiting times for those here are terrible.

I know you prefer for me to look through the forums myself but I've tried that and couldnt find anything relating to mitigating circumstances, so any pointing in the right direction would be very helpful!

Thanks in advance,
Bex

Ralph-y

hi, and welcome to the forum ........

there will be plenty for you to read up on ...

you will need go to the newbies thread

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

and have a general read up



Oh ... and using a phone to browse the site can cause problems.. so please try a laptop/PC


as you are finding out mitigating circumstances do not interest PPC's or POPLA .


where was the car park ? retail park ? supermarket? ......



because a complaint to a landowner / company can and does work.


the below is a list of some of the things you will need to look at for POPLA




These are the main areas of appeal you need to research and understand and decide which fit your situation.

1. No keeper liability, including Notice to Keeper errors (PoFA 2012)
2. The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge
3. No Contract to manage parking
4. Signage
5. Consumer Rights Act 2015
6. BPA Code of Practice breaches
7. Why Beavis doesn't apply in your parking event

how to complain
https://forums.moneysavingexpert.com/discussion/4766249/successful-complaints-about-private-parking-tickets-how-to-get-them-cancelled



"I've tried that and couldn't find anything relating to mitigating circumstances,"






HOW TO USE THE FORUM SEARCH FUNCTION:

Use the Forum Jump button (one near the top and one near the bottom of this page) to get back to the forum thread list. Just above the threads, on the right, is a heading along a line, next to forum tools, called 'Search this Forum'. Put your key word(s) in and change the default search from 'Show Threads' to 'Show Posts'.


good luck ... please read up then ask any questions...


Ralph:cool:

RebeccaMG

Hi Ralph,

Thanks for the quick reply! I did try the search function (and didn't know about the 'show posts' option, thank you for that) but if things are easier on the laptop then I'll try again on that. I did give the newbie thread a browse, but again will try on the laptop - I did read that points 1 and 2 and probably 3 in your list don't count in this case, so I'll give the others a good looking at. Thank you for that list!

The car park is both retail and supermarket - it is a Morrisons with a small shopping centre attached. I'll have a look at landowners in detail as I think the supermarket and the shopping centre are handled by different owners. The Morrisons cafe is (or was, haven't been there in over a month) very popular for older people who sit in there for hours at a time. I overheard one elderly gentleman complaining at the customer service desk that he had been fined as he was there for 5 hours! I can't see it being as popular anymore. I know we won't be going there again.

If it's OK I won't create a new thread with questions once I've read through in more detail but post anything I need help with here? And/or edit the first post.

Again thank you for your help and I'll be back later on when I've dug my laptop out!

Bex

Ralph-y

"I did read that points 1 and 2 and probably 3 in your list don't count in this case, so I'll give the others a good looking at"


you appeal all of them ....




"If it's OK I won't create a new thread with questions once I've read through in more detail but post anything I need help with here? And/or edit the first post. "


yep only post on this thread.


you should look to edit your first post to remove identifying info.


as stated complain to all the places visited .... and email Morrisons CEO now. This alone should end this.





Ralph:cool:

Fruitcake

Complain to the store manager and CEO. How dare the contractor they employ treat a disabled customer in this way? This is a clear breach of the Equality Act 2010 and Morrison's are jointly liable for the actions of their agent.

Also complain to your MP about this unregulated scam.

PoPLA codes last 32 days so you have time to do the complaints first.
If it isn't cancelled then use all the relevant appeal points available to you from post 3 of the NEWBIES and post your draft here for checking before you submit it.

Get your own pics of the site and signage as soon as possible in readiness.

The_Deep

The law requires that service providers make "reasonable adjustments" for people enjoying "protected characteristics" read this

https://www.equalityhumanrights.com/en/equality-act/protected-characteristics

Once they are aware that a disabled person is involved they should cancel the PCN. If they do not, complain to your MP.

Nine out of ten of these so called breaches of contract are scams

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Coupon-mad

I'm now not sure which route to take.

Retail Park and Morrisons Head office, a formal complaint accusing them of illegally allowing their contractor to breach the Equality Act 2010 by failing to make 'reasonable adjustments' of time for a disabled person whose delay was directly caused by the disability flare up of symptoms.