PCNs and Equalitys Act

carehomecars

Hi, I have a question regarding the Equalitys Act and parking charge notices, especially for people with learning difficulties.

I manage a fleet of cars for a company whose clients all have learning difficulties who we sometimes take shopping if they want. The cars are leased if this makes a difference.

We on occasion receive parking fines (addressed to the company) from companies like Parking Eye for overstaying in the car park but due to our customers needs this may take a lot longer than the allotted time given on the parking signs. We have paid these fines in the past in order to have the "discounted" charge rather than the full charge but i'm trying to see about appeals to these and what information i need to give.

We have wheelchair users and vehicles that are fitted with tail lifts and our customers have complicated needs which are first and foremost in our tasks, with timekeeping second.

I am wondering, based on the forum stickies, if we should have the driver or myself contact the store manager (lidl/asda etc) or go straight to the appeal online with the charge company. Would i need a copy of the receipt to show payment, though some customers of ours might just want to get out and walk around with not actually purchasing anything.

Or just state under Section 20: Organisations must make reasonable adjustments for disabled people.
Section 29: Service providers (including private parking operators and councils) must not discriminate against disabled people.

Thanks

Gr1pr

No fines were issued, just private parking company charge notices, pcn's , invoices

The Equality Act 2010 applies to anyone with protected characteristics, nothing to do with PCN's or blue badges ( not mentioned in the Act. )

Always follow plan A in the newbies sticky thread in announcements, complaining strongly about it to the business or landlord or managing agents or landowner, depending on the location , proof of patronage is an excellent addition to complaints

Plan A, ( complaining ), before plans B & C ( appealing or paying )

They are required to provide reasonable adjustment, subject to the rules on the signage being followed, including payment where required, and any time limits if appropriate ( its not the 3 hours allowed elsewhere. )

The driver must always check the signage and comply with it

I hope that helps you

Car1980

Yes, you're in the right. The problem is that you are dealing with speculative invoices. Parking Eye (or whoever) will probably simply ignore your arguments.

You can try Popla next time, but they're very hit and miss.

IPC companies use their own "appeals service", which is crooked with a 95% rejection rate.

Ultimately you need let them make a county court claim against you and defend it. It's not complicated and 99% of cases are discontinued. The county court is the appeals system you actually want to utilise.

Really you want to force them into a hearing in front of a judge by counterclaiming, otherwise you'll be defending court claims, simple though it is, quite frequently.

There is also the question of how many of these you've paid and whether its worth suing to try and get refunds.

carehomecars

https://forums.moneysavingexpert.com/discussion/comment/82005793#Comment_82005793

We pay quite often as we get both Parking Charge Notices and Penalty Charge Notices. I've been here 4 years now and we rarely contest any unless the driver knows outright they were in the clear. Past monies we can kind of forget but its future ones that i would like to appeal each one as it comes to us. We've had the same dealings with MPLC (Motion Picture Licensing Company) that i am now getting the company to refuse payment.

We are a non-profit and if we can save then i will try all avenues.

Gr1pr

Penalty Notices are completely different and we suggest that Penalty Notice queries should be posted over on the FTLA parking forum website after reading their posting requirements first, especially if they are council ones or Dart charges etc ( not the private parking companies. )

As for private pcns, plan A, Always, ASAP

carehomecars

https://forums.moneysavingexpert.com/discussion/comment/82005892#Comment_82005892

Thanks, will look into getting our drivers/myself to complain. The issue is by the time we get the notice, it is around a month after the issue (last one - Date of event 14/04, Date issued 01/05). But will do Plan A from the next one as need to speak to directors etc.

Fruitcake

Service providers, including unregulated private parking companies, are required by law (The Equality Act 2010) to anticipate the needs of members of the public with protected characteristics.

Failing to do this, such as failing to anticipate that a motorist may have a cognitive or physical disability that means they need more time is a breach of the Act, indirect discrimination, and a criminal offence. Failing to make reasonable adjustments once they know a person has such a disability is a further breach of the Act, direct discrimination, and a further criminal offence.

When complaining to landowners, you should mention the above, and remind them that they are legally responsible for the actions of their agents, (the unregulated private parking company that they have employed), and could therefore face legal action themselves.

You should also complain to your MP each and every time this discrimination happens.

Coupon-mad

Absolutely NEVER pay any private parking charge (invoice) all the time the rogue sector remains unregulated.

Regardless of facts or being (drivers might think) 'bang to rights' per the signage. Certainly not if there's an Equality Act (not 'Equalitys' Act) protection!

You could sue parking firms and landowners for the money back.

Going forward, if you use certain shops regularly, email the Managers of the shops AND the Managing Agrnts responsible for each site and explain your service users' need for more time and insist these number-plates are (ideally) added to a permanent white list that lasts for future visits, or that they revisit their statutory duty as a Service Provider under Equality Act 2010 and kindly explain in writing and in simple terms how each driver can exempt their vehicle on a day to day basis at the CS desk.

They have a legal duty and cannot refuse.

carehomecars

https://forums.moneysavingexpert.com/discussion/comment/82006573#Comment_82006573

Contacting the shops managers etc that we use regularly is a good idea thanks.

Umkomaas

Asda are very good at having PCNs cancelled for their customers, even those with no health issues. They have also provided inclusion on their White List for those with protected characteristics. I think the White List can include all and every Asda store nationwide. @Gr1pr has commented on this previously, and may want to add something here.

Gr1pr

The Morrissons Supermarket online assistance link is good for cancelling PCN's, posted regularly on here

Also the Tesco helpline in Dundee