Parkingeye overstay with breastfeeding

Steparius

Hi,

A few months ago, the driver of the car of which I am the keeper parked the vehicle at the Westgate department store in St Neots. The driver paid and entered the registration number in the ticket machine. 6 days later the keeper of the car received a parking charge notice from ParkingEye £100 (£60 if paid within 14 days) . The driver purchased 2 hours, kept the ticket and still has it! They paid 8 minutes after the entry picture was taken (they were travelling with a 12 months old baby), and their exit picture reads 19 minutes after the ticket expired (the baby was breastfeeded before they left. 10 ' grace period + 9 ' delay = 19 ' overstay)  Some of the overstayed time was expend trying to find a sign, a machine or a way explaining how to retroactively pay for the overtime, but such option didn't exist and left as soon as they realised it.

Currently, I'm building my defence base on the following points:

1) The cause for the non-excessive overstay was unexpected and out of the control of the driver (baby requiring to be breastfed) 
2) There was willingness to pay the overstayed time
3) Extra overstaying was caused by the lack of clear signs describing how to retroactively pay for overstayed time
4) No signing provides any information of any method of retroactive payment for overstay (such option doesn't exist)
5) Disproportionate compensation asked for the claimed lost incurred.

 I still have the ticket purchased.

Regarding the Terms of contract: There are new signs on the site that I saw and photographed last week, but the driver doesn't recall them, so I just went to google maps and confirmed that the signs are completely different, much less descriptive (even though the pictures are not clear enough to read them, they are not the ones photographed last week). I've taken snapshots to justify that there was not enough signage.

The appeal was rejected by POPLA on basis that an overstay has occurred and that the compensation is not disproportionate (citing a previous Supreme Court decision for 85£ charge)

A Claim Form was received by the owner of the vehicle a few weeks ago. The 28 days extension was asked within the 14 + 5 days after the issue date of the claim form.

I'd appreciate any help, since I must send my defence in the next couple of daysI did put the above information in the POPLA appeal.
Given all this element I have come with this defence. (SEE ATTACHMENT)
Your comments are more welcome:

_____________________________

I'd appreciate any help, since I must send my defence in the next couple of days
Many thanks

Half_way

Breast feeding is covered and protected as part of the equality act.
With that in mind, what did you say when you complained to the landowner as they are jointly liable for the actions of their agents?

D_P_Dance

Please read this

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

If PE do not immediately cancel, (as they should), read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

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 later this year,

Just as the clampers were finally closed down, so hopefully will many of these companies, 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/of these Private Parking Companies.

 

Fruitcake

You need to explain all your acronyms and abbreviations the first time you use them. PDT, ANPR etcetera.

The emptying of PDT machines is nothing to do with Parking Lie and will be carried out by the landowner or their agent, not the parking scammers, so you should remove or amend that paragraph.

Your statement of truth is out of date and needs to be replaced by the longer version that was introduced in April of this year. A quick internet search should find it.

Redx

Save most of the above for the WS , ensure your defence outlines these legal points but elaborate later , no evidence is submitted at the defence stage so bear that in mind

The Equality Act 2010 is a law you can use

The relevant BPA CoP that was in force on the day of the incident can be mentioned , including clause 13

Poor and inadequate signage can be used , unlike the Beavis case , red hand rule was a failure in this case

Taking extra time to find a space and pay can be used

It's a penalty due to being on a pay and display car park , so not saved by the Beavis case

Payment was made so no bilking , clear and honest patron due to payment made

Steparius

Half_way said:

Breast feeding is covered and protected as part of the equality act.

Thank you for your comment,
Does the EA2010 argument stands after 26 weeks? Say, if the baby was 1 year old at the time. Also what kind of proof is there to present to court in this case (if any), would the birth certificate from the baby of the passenger registered in the insurance work?

Half_way said:

What did you say when you complained to the landowner as they are jointly liable for the actions of their agents?

Between the time the ticket was issued and today, the department store that used to own the parking land (Prakingeye is just managing it) has gone bankrupt so I could not is no way to contact the previous landowner.

Redx

This isn't at court stage yet , so no evidence is required yet

Evidence will be required a few weeks before any court hearing , which could be in several months time

I think the feeding time limit may be 6 months but check the act itself for correct timeframes for this

Yes a copy of the birth certificate can be used if relevant

I doubt that the department store owned the land , most stores rent or lease property , so check with the managing agent and actual landowner

I believe that you have assumed they owned the land , instead of actually checking

The land registry will tell you for a small fee

nosferatu1001

I am concerned OP that you think you get 28 days extar when filing the AOS. You do not
You get at most 28 days plus 5 from date of issue
You stated "a few weeks ago" - what exactly is your date of issue?

Coupon-mad

Does the EA2010 argument stands after 26 weeks? Say, if the baby was 1 year old at the time.

Nope, it doesn't apply.

This would have been cancelled by the retail park if you'd done that instead of POPLA...so frustrating.
Too late for that now.

Can you copy and paste your defece into a reply (or split across 2 replies if it's long) so we can see it please?

Redx

Post that issue date in order to get exact deadlines

Steparius

Redx said:

Post that issue date in order to get exact deadlines

nosferatu1001 said:

You stated "a few weeks ago" - what exactly is your date of issue?

The issue date is 15th June 2020
So if my counting is correct I got 15 + 5 =20th June + 28 days= 17th July?