PCN Leeds road retail park (have read newbies thread etc)

antiscam12

Hi all, I know it says not to clutter up with your own thread, so if I should repost this on an existing for some specific help, then I’m happy to do so and really appreciate all the advice I’ve read so far. 

So my partner came home after borrowing my car and said she was taking her mum and younger sister to home bargains of Leeds road retail park - huddersfield. Her mum is disabled and uses a wheelchair (can get to and from her wheelchair on foot but not for prolonged periods). My partner queued to get into the busy car park and found no spaces available, least of all the disabled bays. Drove round a couple of times before finally pulling up in a wide open area of the car park, with NO hatch and NO double yellow lines or markings or any kind. This area is the space of about 3 parking bays wide by 3-4 in length (so total area big enough to fit 9-12 cars) 

she unloaded and took her mum into home bargains and then came to move the car or read the rules at least to see whether it was a problem to park here, which she tried to read on the extremely high positioning of the sign that you couldn’t park in hatch/yellow lines (I’ve later seen that it does state not to park outside marked bays too) her sister could manage pushing her mum in store but not outside so my partner had to help collect them. Unfortunately, in the sub 5 minutes in which she was away from the car, there was a ticket placed. This was on a Sunday at 15:34. The ticket says “first seen 15:34, fine issued 15:34” her mums receipt shows 15:31. 

are they not supposed to give you 10 minutes grace period to decide if you want to stay first of all? Secondly, she saw the attendant who told her she should have parked in one of the other stores car parks as they’re all run by UKPC. She said that the access, roads, traffic and curbs would have made this impossible. It’s enough to navigate a wheelchair around a flat store but not through cars and curbs etc. 

Can I request a cancellation based on 1.) no grace period.

2.) discrimination of disabilities.

3.) inadequate disabled parking (6 bays) 

4.) unreasonable expectation of their losses with the £60/100 charge considering it’s a free car park and her mum did actually purchase goods.

5.) i am the keeper but wasn’t driving so it isn’t my issue and I’m not prepared to name my partner. 

6.) there being no markings to indicate this wasn’t an adequate place to park. 

7.) would they be happy if I then wrote to the manager of home bargains and to the landowner exclaiming that we shall no longer visit the chains on this site and thus due to this ridiculous charge, they would  lose custom

8.) how would they feel having targeted a local resident (her mum literally lives on the estate around the corner from the site and it’s almost discouraging local residents to use these stores. But also the use of the car for a short distance shows her reliance.

9.) the picture they have of my car shows no signs in the background, no stores, just my car some bushes and with the sun reflecting conveniently so not to show the blue badge 

D_P_Dance

Can I request a cancellation based on ....

You can request cancellation on all points, expect them to be ignored,.  You are not dealing with John Lewis.  Have you read this

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

have you complained to your MP?  

antiscam12

Hiya, thanks for the reply. I was planning on quoting this and also the main point that it was 5 minutes, not parked but ‘loading’ and wasn’t given the grace period as suggested by the BPA. I didn’t know what you meant by not dealing with John Lewis? 

How would you go about contacting the MP to make a complaint? 

Le_Kirk

What @D_P_Dance means is that you should not expect a helpful considerate customer service department that you would find at the likes of John Lewis.  Before appealing you should complain bitterly to the store or the landowners of the retail park along the lines that you state in your OP.  Discrimination using the Equality Act 2010 is a good strategy.

antiscam12

Le_Kirk said:

What @D_P_Dance means is that you should not expect a helpful considerate customer service department that you would find at the likes of John Lewis.  Before appealing you should complain bitterly to the store or the landowners of the retail park along the lines that you state in your OP.  Discrimination using the Equality Act 2010 is a good strategy.

When I write this complaint. Do I name myself or my partner? I don’t want to then hinder the day 26 appeal rule by already making them aware who I am etc.

Le_Kirk

A complaint is entirely separate to an appeal.  You could always use the "Royal We" and sign it as the Registered Keeper, thereby keeping the driver out of it.

steve1500

The signs in that car park are absolute pants. Also has form for double dipping
 I know that B&Q can cancel. Wouldn't go down to well spending a couple of hours in-store buying a £10k kitchen then getting an invoice
Assuming Huddersfield resident MP is either Barry Sheerman or Jason McCartney Just Google and email

antiscam12

steve1500 said:

The signs in that car park are absolute pants. Also has form for double dipping
 I know that B&Q can cancel. Wouldn't go down to well spending a couple of hours in-store buying a £10k kitchen then getting an invoice
Assuming Huddersfield resident MP is either Barry Sheerman or Jason McCartney Just Google and email

I should have asked someone to proof read first, but would you be able to have a read of the email I’ve just sent to Barry sheerman Please and see how or if it needs to be altered to then send to home bargains and the land owner? I can send PM

Also what did you mean by double dipping?

Coupon-mad

Double dipping is a flaw of ANPR:
https://forums.moneysavingexpert.com/discussion/5550336/double-dip-parking-list-of-cases/p1

KeithP

antiscam12 said:

steve1500 said:

The signs in that car park are absolute pants. Also has form for double dipping
 I know that B&Q can cancel. Wouldn't go down to well spending a couple of hours in-store buying a £10k kitchen then getting an invoice
Assuming Huddersfield resident MP is either Barry Sheerman or Jason McCartney Just Google and email

I should have asked someone to proof read first, but would you be able to have a read of the email I’ve just sent to Barry sheerman Please and see how or if it needs to be altered to then send to home bargains and the land owner? I can send PM

Please be careful when anyone responds to you via PM.
The parking companies are known to read this forum and it is quite possible that a PM responder may not have your best interests at heart.

My advice to you is have that discussion in the open forum where any 'suspect' guidance will be spotted and corrected immediately.

Fruitcake

Start with complaints to the manager and CEO of every store visited on the date of the alleged event, then the manager and CEO of every store ever visited at the site, and the landowner/retail park managing agent, and your MP. Include copies of receipts or redacted bank/card statement from all family members to show how much money has previously been spent, and therefore how much money will no longer be spent if the PCN is not cancel cancelled.
Include a reference that an occupant of the car was disabled and has protected characteristics as defined by the Equality Act 2010.

If that doesn't work, then send the appeal template in blue text you will find in the NEWBIES. Send it unaltered from The Keeper except as above a reference that an occupant of the car was disabled and has protected characteristics as defined by the Equality Act 2010.

Do not identify anyone in either your complaints or appeal except The Keeper. Only ever refer to The Keeper and The Driver, including on here.