F1rst Parking PCN - appeal rejected

FireOnFire

Hi everyone,

After surfing through the forums, I have decided to make a post to ask for some advice. I received a PCN for parking in an apartment parking area; the signs state that the area is meant to be used for 'pick up & drop off only, 5 minutes maximum stay'. According to the PCN, I overstayed by approximately 10 minutes. The reason for my stop-off at that area was that it was the closest area to stop as I was having an asthma attack. The car was not even 'parked' appropriately for it to be deemed to be parked.

I browsed this forum and found some advice, which I used to make an appeal to F1rst Parking, explaining the circumstances of my asthma attack and referencing the Equality Act 2010. I subsequently received a rejection for my appeal; their reasoning was that 'it is the driver's responsibility to ensure they do not overstay the maximum time allowed'. They also state that their notice was 'issued correctly in accordance with the BPA Code of Practice'.

I have read the advice regarding not naming the driver; however, I made the mistake of identifying myself as the driver as I thought it was necessary in order to prove I suffer from asthma through my medical records.

I have now been given the option to appeal to POPLA with a valid appeal verification code. I intend to appeal on the grounds of the Equality Act, also stating how pursuing 'the matter further would be disability discrimination by not making 'reasonable adjustments' of time' (from Coupon-mad on another thread).

Please could you provide me with any advice? This matter has upset me and has caused me considerable stress.

Many thanks,
FireOnFire

(Apologies for any rambling and if I have missed/misunderstood anything on the NEWBIES guide.)

NeilCr

Was this your apartment block or somewhere where you were visiting someone?

Coupon-mad

I have read the advice regarding not naming the driver; however, I made the mistake of identifying myself as the driver as I thought it was necessary in order to prove I suffer from asthma through my medical records.

I have now been given the option to appeal to POPLA with a valid appeal verification code. I intend to appeal on the grounds of the Equality Act, also stating how pursuing 'the matter further would be disability discrimination by not making 'reasonable adjustments' of time'

That will lose at POPLA which is why you were not meant to admit to driving.

FireOnFire

@NeilCr - I live there and I know the area, hence why I knew it was the only place I could stop.

@Coupon-mad - is there any way I could go forward with this? I would really appreciate any advice please

Fruitcake

Use all the points available to you from post 3 of the NEWBIRS.

These would normally include,
Not the Landowner
No standing to issue charges,
Inadequate signage
Grace periods, (note the plural.)

I doubt you will get anywhere with the EA 2010. If your condition was life threatening you could and should have stopped as soon as your asthma attack started, be it on double yellows on a main road or crossing a pavement or in the entranceway.
If this was the case then fair enough, but if the attack started and you continued to drive until you found another place to stop, then no, I don't believe you can claim an EA breach.

There may be some movement however using the judge's definition of stopping versus parking in the Laura Jopson vs Homeguard Services case. Specifically look at paragraphs 19 and 20.
Stopping because of an asthma attack is arguably "coping with some vicissitude of short duration".

NeilCr

So you live in the apartment block. What does your lease/tenancy agreement say about parking?

Who owns the freehold of the block?

The best way of getting this stopped may be to try for a freeholder cancellation. As you live there you may have some idea of who (and how to) approach.

FireOnFire

@NeilCr - thank you for the advice, I'll definitely try to get in contact with the higher management. My concern is I only have 2 days if I were to pay to pay the reduced rate of £60 instead of £100. I don't have the money to pay anything, but £100 is a hell of a lot for me and is considerably more than the £60. Are there any circumstances where you'd recommend just to pay the amount? I understand I messed up initially as well so I really appreciate your help.

@Fruitcake - thank you for the advice, I'll definitely take it on board. I was literally in the vicinity of the apartments, it wasn't as if I had continued driving around to find a parking spot. I've got moderate-severe asthma and I'm regularly seen in an asthma clinic at my hospital. I know the area and I knew that was a place I could stop (unfortunately at the expense of a PCN), hence I stopped there as it was first instinct. Does that not account for reasonable adjustments under the EA? I'll definitely take on board the advice for stopping vs parking. I really appreciate your help, so thank you once again.

Coupon-mad

Are there any circumstances where you'd recommend just to pay the amount?

NONE, with a private parking charge, and certainly not to F1rst parking!

I agree with Fruitcake, who has summarise the approach to take for POPLA.

Fruitcake

FireOnFire wrote: »

@NeilCr - thank you for the advice, I'll definitely try to get in contact with the higher management. My concern is I only have 2 days if I were to pay to pay the reduced rate of £60 instead of £100. I don't have the money to pay anything, but £100 is a hell of a lot for me and is considerably more than the £60. Are there any circumstances where you'd recommend just to pay the amount? I understand I messed up initially as well so I really appreciate your help.

@Fruitcake - thank you for the advice, I'll definitely take it on board. I was literally in the vicinity of the apartments, it wasn't as if I had continued driving around to find a parking spot. I've got moderate-severe asthma and I'm regularly seen in an asthma clinic at my hospital. I know the area and I knew that was a place I could stop (unfortunately at the expense of a PCN), hence I stopped there as it was first instinct. Does that not account for reasonable adjustments under the EA? I'll definitely take on board the advice for stopping vs parking. I really appreciate your help, so thank you once again.

Much as we would like a win at PoPLA with an EA 2010 win, it has never happened yet. I do not believe you will get anywhere with it. By all means include it but don't spend much time on it.

Check your lease/AST if the event occurred where you live.

Get pics of the site and signage.

Create your draft appeal and post it here for comments before you submit it.

Complain to your MP.

The_Deep

If this had occurred in a Council car park it would certainly have been cancelled, see MC1

https://www.cheshireeast.gov.uk/car_parks_and_parking/penalty_charges/how_to_appeal_against_a_pcn/mitigating_circumstances.aspx

I am sure that you can offer proof of your condition so make it your first point on your PoPLA. In fact, if you are a risk taker, make it your only point.

Read this

https://www.slideshare.net/safaraz/protected-characteristics-equality-act-2010

and complain to the BPA, the local media, the Managing agents, ARLA< ARMA, your uncle Cobley and your MP.

Nine times out of ten these tickets are scams.

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

The_Deep

That will lose at POPLA which is why you were not meant to admit to driving.

I think that appealing as driver is the best course here CM. Also, by refusing a single point appeal, PoPLA could open itself to ridicule. Especially if the Daily Mail got hold of it.

Much as we would like a win at PoPLA with an EA 2010 win, it has never happened yet.

This could well be the first time. OP seems more than capable of fighting his/her corner.