Home Bargains Parking Fine

seaiz94

I have read quite a bit about this already on the forum and how to appeal and will be continuing to read through to make an appeal. 
My car was parked at Home Bargains Hayle store but we were 11 minutes late getting back to my car and they are requesting a £100 fine which was received in the post this morning. 
I parked there after dropping my sick dog at the vets. This time of year the Hayle/St Ives area is a parking nightmare and these people capitalise on that fact.
There was no parking left at a vet surgery and I had to park on the main road to drop her off and leave her with the vet which was really distressing as she's a very anxious rescue dog and is terrified of the vets.
I was intending to shop at the HB store (which I did and have a credit card payment on my bank statement to prove it) but I needed to get back quickly to speak to the vet and it was the nearest car park to the vets so it seemed like a good option and I didn't intend to be any longer than the car park time limit. 
I also had my other dog with me as well as my husband and son who are both disabled and have mobility issues.
My sick dog was very distressed and need to be sedated by the vet but because she was so terrified even the maximum dose of sedative didn't work and it was very difficult for the vet to examine her and the appointment took much longer than originally expected. 
Anyway as you can imagine it was one of those nightmare moments and by the time I got back to get the car to drive back to the vets to pick up my dog I was unintentionally 11 minutes late. 
My husband is the RK of the vehicle as it is a PIP motability vehicle and I'm the only one who drives as my husband doesn't even have a driving license although the parking ticket is in his name. I will have to do the appeal as my husband isn't able to do that.
Do I explain that to them? Not tell them who was driving? Any other advice very gratefully received, thank you. 

Fruitcake

It is not a fine.

What is the name of the PPC please?

Do not reveal the driver's identity. You should not have revealed it here either as many parking companies trawl the forum for victims. If you are not careful you will give away information that may well help the PPC ot determine the identity of the driver.

Do not give away information about what happened on the day, or who did what.

What happened when you complained to the landowner? That is always Plan A.

Send the appeal template in blue text from the NEWBIES, unaltered, from The Keeper save for the following.

Add that the keeper was not driving, but was an occupant of the car, and that they are disabled. The Equality Act 2010 requires companies to make reasonable adjustments for disabled persons with protected characteristics as defined by the above Act.
In this instance, a reasonable adjustment would be to allow extra time for a mobility impaired passenger. 
If the vehicle is obviously adapted or marked as a mobility vehicle (mine has a disabled sticker on the tailgate because it has been modified by the addition of a ramp and winch), then say that it was obviously a disabled person's car and reasonable adjustments should have been made accordingly.

You can assist, but the appeal MUST be in the keeper's name, with their permission.

Coupon-mad

Which parking firm?

In the appeal, say nothing about the dogs or vet.  

Just say what @Fruitcake said and attach the Blue Badge and receipt from shopping and remind the PPC that they are breaking the law by not making extended time available to disabled motorists and passengers, a fact that has already been tested legally against two Councils. Would they like to be the first private parking firm to get a discrimination claim, or are they going to cancel now and resolve the issue. 

seaiz94

Thank you for your comments. The PPC is Parking Eye. I'll report this post shortly and get it removed, thanks for letting me know about companies trawling the forum. 
I haven't complained to the landowner yet, I take it that's Home Bargains? 
It's not identified as a disabled vehicle and don't currently have a blue badge due to lock down and not going anywhere but I do have proof of motability.

Redx

I doubt that the landowner is Home Bargains , most retailer outlets are tenants !!

More likely to be British Land , or Intu , or an investment or pension or insurance company !! Etc

That proof of lack of it doesn't mean too much , the law is the Equality Act 2010 , nothing to do with blue badges or motability vehicles , but proof of DLA or PiP is an indicator of disability rights under the EA 2010

A blue badge is just a visual indicator that an occupant of the vehicle is covered by the Equality Act , the law !! Not the vehicle itself

seaiz94

Thanks RedX. We have proof of PIP. It doesn't mention any land owner just says its private land managed by PE Ltd.

Half_way

Were you born in 1994, and is your name Seaiz?

Coupon-mad

Ah, if it's ParkingEye then the appeal and attachments that @Fruitcake and I suggested will be accepted and the PCN will be cancelled.  They are aware that ANPR breaches the Equality Act 2010, they just haven't actually done anything about it in most car parks.

Fruitcake

Further to C-m's comments, include a copy of proof of disability and refer to it in your appeal.

This is one of the things I argued during the government consultation last year on a new mandatory code of practice.

The BPA used to instruct its members to cancel a PCN if the motorist produce a copy of a blue badge after the event.
The BPA of course decided later to drive up parking standards by removing this requirement.

In my response to the consultation, I pointed out that this should not only be re-instated, but expanded to include proof of a disability from, say, a qualified medical practitioner.

During the consultation, a parking company whinged about my comments and said they had no other way of determining if an occupant of the car was disable. I countered that they had had ten years (since the EA 2010 was introduced) to come up with an alternative fair system for disabled motorists who didn't have a blue badge, and why were they objecting to my suggestion.

fisherjim

For goodness sake do not ramble on about leaving site and vets it will only hinder your appeal, it's a car park provided for the use of customers not a stand alone car park for all, that's why Parking Eye have persuaded the landowner their scam services are needed.

Coupon-mad

Yep, I told them exactly what to say and what to attach as evidence to the appeal.  Nothing about the vet.