Parking Charge Notice - significant memory problems

ClaireLR

Hi,
I recently received a PCN for overstaying 23 mins on a 3 hour max stay car park.
I have appealed as I have Fibromyalgia and awaiting a neurology appointment for significant memory issues. I included medical records with this information.
They have sent me an email today stating

Whilst we note your comments and reason for appeal, we can confirm that the maximum stay period within this car park is 3 hours. As your vehicle was on site for 3 hours and 26 minutes, this was an overstay of 26 minutes. The signage on site clearly sets out the terms and conditions of parking, including the maximum stay period. There are no exceptions to these terms and we can therefore confirm that this PCN has been issued correctly.

 Is there anything else I can do or should I just accept that I should pay this?
Thanks for any advice.

Umkomaas

Definitely do not knee jerk into paying this. Don't be fooled by their 'offer' of 40% discount for early settlement. If you follow forum advice and guidance you'll be getting a 100% discount. 

Which parking firm please?

Coupon-mad

Of course you don't pay this!  You are allowed a reasonable adjustment of time, by law.

Complain to the retail park that their agent is breaching the Equality Act 2010:

http://news.bbc.co.uk/1/hi/uk/8488737.stm#:~:text=The%20UK's%20big%20supermarkets%20are,face%20penalty%20charges%20for%20overstaying.

That article is 13 years old about the old DDA but the Equality Act which replaced the DDA is even better by way of consumer protection.  Get angry about this to the retail park agents.

ClaireLR

It's premier park Ltd.
How do I find out who to complain to please? Its Keyway Retail park in Willenhall.

KeithP

ClaireLR said:

How do I find out who to complain to please? Its Keyway Retail park in Willenhall.

The car park entrance totem sign has the answer...

[click on the image. It's a link to GSV]

It says...
Managed by
Fisher German
03708 505150
fishergerman.co.uk

That's the phone number of their Birmingham office - 326 High Street, Harborne, Birmingham, B17 9PU


Edited to add a slight correction...
According to their website, that phone number also covers their Cwmbran office, their Glasgow office, their High Wycombe office, their Newcastle upon Tyne office and their Richmond (Yorks) office.

This email address may help: enquiries@fishergerman.co.uk

ClaireLR

KeithP said:

ClaireLR said:

How do I find out who to complain to please? Its Keyway Retail park in Willenhall.

The car park entrance totem sign has the answer...

[click on the image. It's a link to GSV]

It says...
Managed by
Fisher German
03708 505150
fishergerman.co.uk

That's the phone number of their Birmingham office - 326 High Street, Harborne, Birmingham, B17 9PU


Edited to add a slight correction...
According to their website, that phone number also covers their Cwmbran office, their Glasgow office, their High Wycombe office, their Newcastle upon Tyne office and their Richmond (Yorks) office.

This email address may help: enquiries@fishergerman.co.uk

Thank you so much that's really helpful and I really appreciate it.
Is there anything I should/shouldn't say in an email to them? Should I quote the equality act? Thank you 😊 

fisherjim

ClaireLR said:

Thank you so much that's really helpful and I really appreciate it.
Is there anything I should/shouldn't say in an email to them? Should I quote the equality act? Thank you 😊 

Of course you should, and this is quite frankly a lie:

'There are no exceptions to these terms and we can therefore confirm that this PCN has been issued correctly'.

They can of course accept your reasons and cancel the charge, they make up the rules, the reason they don't cancel is because they are just greedy!

Coupon-mad

You should also include the BBC article link, albeit the DDA has been repealed and improved on since 2010.

ClaireLR

Thank you all.
Email sent to the landowner, I will keep you all updated.

ClaireLR

Thank you for your email.

 

This is not something we are able to assist with. It is under the jurisdiction of the Parking Company to decide PCN appeals.

 

Kind regards,

This was their reply....not really what I was expecting.

What should I do next. I'm worried if I appeal I'll end up having to pay more which of course is exactly what they want you to think.

Hubby says just pat it as my health isn't the best and I don't cope well with stress. Unsure what to do next, any advice appreciated.

Coupon-mad

Reply and say:


Dear xxxx

This is not only unacceptable but illegal.  

Unless your company did not contract this agent (who did then?) you are mistaken. In law, whoever contracted as the 'principal' in your agreement remains legally liable for the actions of your agents.

This includes joint liability for disability discrimination such as this. Kindly escalate my complaint to a Manager who knows a bit about vicarious liability under the law of agency and/or the Equality Act 2010 and who has a good understanding of the needs of disabled persons and your statutory duty to make reasonable adjustments to inflexible policies.  This duty includes having a mechanism to adjust time limits that place people like us at a disadvantage, and telling your agents to cancel unjust parking charges.

Alternatively, I urge that your company seeks legal advice because I will name you to be called to court if this illegal harassment progresses.  I will also involve my MP and the local newspaper.