Not parked within markings - pregnant with children.

RoadieM37

My heavily pregnant wife received the attached from UKPC with reasoning ‘not parked correctly within the markings’. This seems very unfair considering this car park does not have any parent & child spaces, and the adjacent car is very far over (almost touching the boundary line) limiting access to safely remove our 2 young children.

I appealed with UKPC with the following:

My vehicle was parked slightly over the bay marking due to unavoidable circumstances. The adjacent vehicle was positioned very close to the dividing line (as seen in the earlier photos), significantly restricting the available space within the bay.

I am currently (and at the time of parking) heavily pregnant and needed sufficient room to safely exit the vehicle and get two toddlers out of the car (please see the two car seats in your photos). There were no parent and child parking spaces available in this car park, meaning there was no suitable alternative space that would allow safe access.

Pregnancy is a protected characteristic under the Equality Act 2010, and operators are required to consider reasonable adjustments in such situations. The positioning of the vehicle was a necessary and proportionate action to ensure safety, rather than any deliberate misuse of the parking facilities.

The vehicle was not causing obstruction or preventing the normal use of the car park.

In light of these mitigating circumstances, and your obligations under the Equality Act 2010, I respectfully request that this parking charge be cancelled.

I received the following response:

We have carefully considered your appeal based on the information provided and the evidence supporting the parking charge. In this instance having completed our assessment, we consider the parking charge to have been correctly issued, as the vehicle was not parked correctly within the bay markings.

UK Parking Control complies fully with the Equality Act 2010 by making reasonable adjustments to ensure that our services are accessible to all users. This includes providing clearly marked and appropriately sized disabled parking bays, located close to entrance points, which are regularly patrolled to maintain accessibility and ensure fair use.

Typical “we have investigated ourself and we are not at fault”. Also note that they mention disabled spaces but not parent and child, which would be applicable here. Seems incredibly unfair and disproportionate, especially as this is a ‘free’ carpark so no loss of earnings - how can this justify a £60 fine?!

They state my options now are POPLA, which will put the charge up to £100 or to receive the onslaught of debt collection. Also tried going via the retailer, but there are multiple on this estate.

What are my chances with POPLA? What are my chances of having to pay an excessive amount of fighting back? Would rather not let this drag on months as we have a third baby arriving imminently - which I know is exactly the sort of situation these leeches prey on.

Thanks in advance!

Grumpy_chap

Why couldn't she park wholly in the bay to the right if the bay she fitted most of the car into?

RoadieM37

https://forums.moneysavingexpert.com/discussion/comment/81963132#Comment_81963132

That bay is labelled for vans - double length - as it sits outside Wickes.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81963136#Comment_81963136

But a van could not fit in that bay with the way she parked, so she might as well have taken the full van bay?

RoadieM37

https://forums.moneysavingexpert.com/discussion/comment/81963148#Comment_81963148

That car was not parked in it when she arrived. The white car is parked over the label that says ‘vans only’.

RoadieM37

Ah apologies, reading your comment again

https://forums.moneysavingexpert.com/discussion/comment/81963151#Comment_81963151

Ah, apologies just seen you mention how she was parked not the other car. Thanks for your comment anyway.

Coupon-mad

Just ignore this invoice now and don't post about the £170 threatograms please.

I appealed

You didn't. The driver did.

Why? That's not how the MSE Guide tells you to appeal and not how the NEWBIES thrwad explains, either. The registered keeper always appeals private parking invoices.

Anyway, come back when you reach the stages in post 2 of NEWBIES PLEASE READ THESE FAQS FIRST.

James_Poisson

Mother and child spaces were introduced by supermarkets, they are not mandatory and you never see them in council car parks, they are unlikely to be seen in a builders merchants car park either.

Typical UKPC drivel their reply is truly laughable stating:

UK Parking Control complies fully with the Equality Act 2010 by making reasonable adjustments to ensure that our services are accessible to all users. This includes providing clearly marked and appropriately sized disabled parking bays, located close to entrance points

If you had parked there they would have still issued a PCN.

The rest of their reply is template intransigent nonsense, of course they didn't "carefully consider your appeal" they could have cancelled but never would as money takes precedence.

POPLA won't cancel this with your arguments as stated they don't accept mitigation; you either pay their scam or take Coupon's well tried route to them discontinuing their shenanigans down Bluff Road, it's your choice.

RoadieM37

https://forums.moneysavingexpert.com/discussion/comment/81965112#Comment_81965112

Thanks for the balanced response. Yeah there is an Aldi and B&M (where she was going) in the same car park, but appreciate it’s not mandatory.

Will have a think on it. Cheers

RoadieM37

Thanks!

Yes appeal was written and submitted by registered keeper, and subsequent correspondence.

Did check out the newbies thread prior, just wanted to gauge likelihood of POPLA success.

Cheers

Car1980

It's UKPC. Easier to wait for the DCB Legal court claim and inevitable discontinuance.