Fined for over staying time limit

maidenover2

Hi everyone - I know this topic may have been covered but I am asking for some help as in a bad way at the moment and not really up to sorting this issue on my own. My husband died recently and I have been in hospital having a hip replacement. My health is poor and I am a Blue Badge holder. I use this car park as a local resident - you do not have to shop in waitrose to use it but I do all my shopping there. I felt ill on this particular day and everything took much longer than normal so I was fined. The thing is I've looked at previous posts regarding the appeal process and I'm not sure if I am up to it or the stress. Would I be better to just pay the £40 (discounted rate) if I am not able to make an easy to manage appeal. I couldn't park in a disable space on the day as they were all full - not sure if they would still have fined me anyway but I wasn't able to display my Blue Badge as I parked in a normal space. I'm in my 70's and have had a pretty awful year so I appreciate any help you feel able to offer. Thank you. It is Britannia Parking who operate the car park.

maidenover2

Sorry I can't edit my original post to attach the fine notice but if anyone can tell me how to I have managed to scan them in to my PC.

Nellymoser

Understand it's a difficult time for you but there is lots of info and knowledgeable people here that can help. Head back to the first page read NEWBIES FAQ Announcement thread. You'd be looking to complain to the shop/landowner (plan A) first to get them to cancel PCN. Your disabilities give you longer time to shop.

alpaco47

If you spent money in Waitrose when you parked, why not just send them a letter and a copy of your receipt, they may just rescind it. 

Fruitcake

It is not a fine.

As above, Plan A is a complaint to the landowner/store manager/CEO, and your MP. Being part of the John Lewis chain, Waitrose should offer to help in order to retain their reputation of good customer service.
Include a copy of your blue badge, and a copy of your receipt or redacted card statement, and a reference to the Equality Act 2010 that states service providers must make "reasonable adjustments" for disabled persons with "protected characteristics"  by law, and that a BB holder needing more time is a reasonable adjustment.
Failing to anticipate such needs is indirect discrimination and a criminal offence.
To pursue a person with protected characteristics after they have been made aware of this is direct discrimination, and a further criminal offence.
Note that the blue badge scheme does not apply on private land, but the requirements of the EA 2010 must still be met, and not knowing a person has a disability is no excuse for breaking the law.

maidenover2

Fruitcake said:

It is not a fine.

As above, Plan A is a complaint to the landowner/store manager/CEO, and your MP. Being part of the John Lewis chain, Waitrose should offer to help in order to retain their reputation of good customer service.
Include a copy of your blue badge, and a copy of your receipt or redacted card statement, and a reference to the Equality Act 2010 that states service providers must make "reasonable adjustments" for disabled persons with "protected characteristics"  by law, and that a BB holder needing more time is a reasonable adjustment.
Failing to anticipate such needs is indirect discrimination and a criminal offence.
To pursue a person with protected characteristics after they have been made aware of this is direct discrimination, and a further criminal offence.
Note that the blue badge scheme does not apply on private land, but the requirements of the EA 2010 must still be met, and not knowing a person has a disability is no excuse for breaking the law.

Thank you very much for such a detailed response. I will try to find my receipt for the day but I am sure I paid with cash so not sure I have any record of it - but I'll look. I am a regular at Waitrose and a member so they have my details and get regular emails from them. I had my hip replacement operation on the 27th August and this incident was on the 30th September and my first trip out so everything was taking longer. My husband passed away on 20th June so I am having to manage on my own now and this has come as such a blow. I don't feel like going back there again but I live in a small village and it is the only car park for the shops and local residents are meant to have access to it. I must confess I thought we had 3 hours - it used to be before Britannia took it over I'm sure. I'm not even sure if Waitrose own the land or who does but I'll look into that. Thanks once again for your time.

maidenover2

alpaco47 said:

If you spent money in Waitrose when you parked, why not just send them a letter and a copy of your receipt, they may just rescind it. 

Thank you. I don't know if Waitrose own the car park or the land but I'll try to find out. Appreciate your response.

KeithP

Where exactly is this Waitrose store?

Coupon-mad

Go in to the Waitrose store with a photocopy of the Britannia PCN (keep the original) and insist on speaking to the manager to cancel it.

LDast

It's non PoFA. Do not tell anyone who was driving. You are the registered keeper and you cannot be liable for the charge. There is no legal obligation to identify the driver to an unregulated private parking company and you must decline to do so.

Easy one to defeat... as long as the unknown drivers identity is not revealed. There is no legal obligation on the known Keeper (the recipient of the Notice to Keeper (NtK) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known Keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

I am the Keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the Keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Britannia has relied on contract law allegations of breach against the driver only.

The Keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. Britannia have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

That doesn't mean you don't  try to get Waitrose to get it cancelled in the meantime.

maidenover2

LDast said:

It's non PoFA. Do not tell anyone who was driving. You are the registered keeper and you cannot be liable for the charge. There is no legal obligation to identify the driver to an unregulated private parking company and you must decline to do so.

Easy one to defeat... as long as the unknown drivers identity is not revealed. There is no legal obligation on the known Keeper (the recipient of the Notice to Keeper (NtK) to reveal the identity of the unknown driver and no inference or assumptions can be made.

The NtK is not compliant with all the requirements of PoFA which means that if the unknown driver is not identified, they cannot transfer liability for the charge from the unknown driver to the known Keeper.

Use the following as your appeal. No need to embellish or remove anything from it:

I am the Keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the Keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Britannia has relied on contract law allegations of breach against the driver only.

The Keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. Britannia have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

That doesn't mean you don't  try to get Waitrose to get it cancelled in the meantime.

Ok that is amazing - thank you. Should I call in and speak to a Manager or write to Waitrose. I saw a friend in the car park on the day in question and she kindly helped me with my shopping as I was struggling with trolley and crutches. She tells me she was in the car park for similar amount of time as myself as she had been to the hairdressers but she hasn't been fined. The car park was meant to be for the use of lacals to use any of the shops and facilites in the village as there is very little car parking. It was featured in local newspaper and had to re-think it's policies after a public petition but I have been told it has since reduced it's time limits from 3 hours to 1 1/2 hours.