PCN for disabled RK for extremely short stay

DisabledLady1

First time posting so please forgive me if anything doesn't comply with the forum

. I, as the carer of the disabled person who is the RK, need assistance in getting this pcn cancelled. Please can someone point me in the direction of the email I should send to the store owner, if upload of the received pcn is helpful Please can someone let me know this.

Thank you and I appreciate all the good work that you clearly do on here.

Gr1pr

There are no templates but there are plenty of examples in the successful complaints sticky thread ( start at the end for the most recent examples. )

https://forums.moneysavingexpert.com/discussion/4766249

Gr1pr

Difficult to say because you covered up the dates on the PCN 

Plan A is still the best option here, complaining about the PCN to the Landowner or the agent or business 

Lots of complaints and bad reviews about Green Oaks Shopping Centre 

https://www.tripadvisor.com/Attraction_Review-g499523-d13973575-Reviews-Green_Oaks_Shopping_Centre-Widnes_Cheshire_England.html#REVIEWS

Fruitcake

Plan A is always a complaint from the keeper to the landowner and the keeper's MP without identifying the driver.

The complaint should include reference to The Equality Act 2010 that requires service providers (landowners and their agents) to anticipate the needs of, and make reasonable adjustments for persons with a disability having protected characteristics as defined by the Act.
Failure to anticipate the needs of such a person and make reasonable adjustments is indirect discrimination, and a breach of the Act and a criminal offence.
Once a service provider has been made aware of a persons disabilities and protected characteristics, failing to make reasonable adjustments is direct discrimination, a further breach, and a further criminal offence.

In addition, this appears to have occurred due to a frustration of contract. An occupant of the car was seeking advice about parking but no advice was available, therefore the driver was prevented from complying with the parking contract.

Automatic number plate recognition was used at the site, but is incapable of recording parking time, only time on site. There is no proof that the vehicle was parked at all, let alone in breach of parking terms.

Looking at parking terms and conditions is not parking.

DisabledLady

As I have already complained to the landowner, without alot of detail as above, would it be advisable to reiterate with more detail, as they have done the usual and basically forwarded me to Euro Car Parks. I also did not include the local MP in my original complaint. Would it be advisable to do so if I reiterate the above?

Fruitcake

You should complain in detail to the landowner, and warn them of the consequences of breaching the EA 2010, which is a criminal offence. They are jointly liable for the actions of their agents, and cannot claim ignorance of the requirements to make reasonable adjustments since they are required by law to anticipate the needs of people with disabilities who have protected characteristics in law.

Reiterate that as principal, they are responsible and cannot absolve their responsibility by ignoring your complaint and referring you to an unregulated industry that does not have an independent appeals process.

Yes of course you should complain to your MP. You should also ask when the mandatory private parking code of practice is going to be introduced since it is now required by legislation. MPs/the government are the only ones who can stop this unfair unregulated multi-million pound industry. 

DisabledLady

Is it OK to upload my follow up complaint here? Or is that providing too much info here?

Gr1pr

Redact it as required, before copying and pasting it here, no personal or private information 

Fruitcake

As long as you redact personal information, then yes, please show us your draft complaint(s).

For contacting your MP, I have found this site useful.

WriteToThem - Email your Councillor, MP, MSP, MS, MLA or London Assembly Member for free

DisabledLady

Hi LANDOWNER

Euro car parks are Your contractors, contracted by yourselves. I know this as, having gone in to Morrisons next door (who were more than capable and willing to cancel this on the spot), thinking the land was theirs, showed me the system they Are able to cancel the PCN with. 

My complaint below, made you aware the complaint was being made on behalf of a disabled registered keeper, and therefore it is your duty to anticipate the needs of, and make reasonable adjustments for persons with a disability having protected characteristics as defined by the The Equality Act.

Failure to anticipate the needs of such a person and make reasonable adjustments is indirect discrimination, and a breach of the Act and a criminal offence.

Once a service provider has been made aware of a persons disabilities and protected characteristics, failing to make reasonable adjustments is direct discrimination, a further breach, and a further criminal offence.

That's what I have so far, please feel free to add/edit/correct me where ever I am inevitably wrong.

To add, I have not appealed via euro car parks and it is coming up to the 28days, should I be doing this also or not?

Le_Kirk

I wouldn't start a formal letter with "Hi" try "Dear Sir"