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Another Parking Eye thread, but different

Hi all,

My wife received a PCN from Parking Eye in Bathgate, Scotland. Initially she replied to them appealing against it due to the nature of why she was late (breast-feeding our then 4 month old son in a cafe restroom), however it was all in vain.

I have told her to ignore it but she is worried that because she appealed against it, they will use that contact against her should they take it further.

Any advice on this? It's a little different to most I've read about PE since contact was made.

Thanks in advance.
«1

Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 22 August 2019 at 12:57PM
    IIMU that breast feeding is one of the protected characteristics for which PPCs are required by the Equality Act 2010 s to make "reasonable adjustments". I would expect them therefore to cancel this without further ado.

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

    Has your wife named herself as the driver? If not they cannot pursue her as keeper in Scotland under POFA. All is explained in the stickies.

    Furthermore, PE signs are rubbish, read this

    https://forums.moneysavingexpert.com/discussion/5972164

    Nine times out of ten these tickets are scams so consider complaining to your MP.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but 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

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 160,817 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    In Scotland it is illegal to prevent, harass or cause detriment to a breastfeeding mother. She should email again to ParkingEye AND the landowner/retail head office, a complaint pointing to Scottish law and how they interpret the Equality Act more robustly re breastfeeding than in England.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    In Scotland it is illegal to prevent, harass or cause detriment to a breastfeeding mother.

    How do you know this stuff?
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 160,817 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Found it on t'internet in some Scottish site about maternity rights a few years back, and I have a good memory!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Post 1 2:2 of the Newbies Sticky covers this kind of "different" completely...?
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Coupon-mad wrote: »
    In Scotland it is illegal to prevent, harass or cause detriment to a breastfeeding mother. She should email again to ParkingEye AND the landowner/retail head office, a complaint pointing to Scottish law and how they interpret the Equality Act more robustly re breastfeeding than in England.

    As well as the Equality Act, in Scotland, breastfeeding is covered by specific legislation - The Breastfeeding etc Scotland Act (2005) and breaches have the potential to be considered as a criminal/hate-crime matter.
  • Coupon-mad
    Coupon-mad Posts: 160,817 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    There we go, thanks pogofish! I knew their law was firmer than ours. :T
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • J381
    J381 Posts: 9 Forumite
    Second Anniversary First Post
    Thank you very much everyone. I will be sure to update once a reply is received.
  • J381
    J381 Posts: 9 Forumite
    Second Anniversary First Post
    Hi all, 
    Quick update. We replied with the above points but again, to no avail.
    We haven't heard anything in months but have just received a letter on Friday threatening bailiffs and court action. 
    What's my best course of action now?
    Thanks in advance. 
  • Umkomaas
    Umkomaas Posts: 44,331 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    We haven't heard anything in months but have just received a letter on Friday threatening bailiffs and court action. 
    DCBL?
    What's my best course of action now?
    Ignore it.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
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