Free Traffic Legal Advice

If something convinces the shopping centre to get the charge cancelled, then it would be worthwhile doing.

As for any debate about the definition of 'customer' and how it could be interpreted, I'm reminded of section 69 of the Consumer Rights Act:

Why are you considering the 14 days for the "mugs discount"?

On the NtK is says 14 days from the date of issue. The issue date is 16th October so if you're considering paying the mugs discount, it expires 30th October.

The 28 days to appeal is from the day after the NtK is "given". It is deemed given on the second working day after the date of issue. So, the NtK was given on Friday 18th October and the 28 days is until Friday 15th November.

Unless indicated otherwise it is days, not working days.

Ocean re going to reject any appeal so don't waste too much effort on them. Use the appeal I proposed a few posts back.

So if like you say, Ocena Parking will reject the appeal straight away, are we waiting for the POPLAR code so that we can appeal with them, and stand a better chance with the Equality act 2010 route.

I could ask the driver to scan any reciepts, if they still have them, I surpose? I will ask them today.  There are 3 entries on bank statments from the 7th Oct 2024 at this shopping centre , and 1 one on the date in question 10th Oct 2024, I could use these also could I not?

The driver was most definatly at this shopping centre on the day in question, and it would take them a longer time getting around the shops etc, especially with the market being on this day too, which they regulary frequent. They would not use the shopping centre car park for any other use than to use their facilities.

Ive already sent this to the Centre Manager, but no reply as yet, and a reply does not look forth coming.

"Dear Centre Manager,

As the registered keeper of vehicle XXXXXX, I am writing to formally request the cancellation of Parking Charge Notice XXXXXX issued by your agent, Ocean Parking, at xxxxx Shopping Centre on 16/10/2024. The driver in this case is elderly, disabled, and holds a blue badge. They were issued the PCN for exceeding the maximum stay by 22 minutes. There were no Disabled parking bay available, so had to park in a normal bay further away from the shops, etc. also due to the market being on this day, this also added to the time they could get around in.

They use the free parking you provide for the sole use of using the shops, facilities etc. which they frequent 3 to 4 times per week. Under the Equality Act 2010, businesses such as Harpurhey Shopping Centre have a legal duty to ensure that reasonable adjustments are made for individuals with disabilities. This includes allowing additional time for tasks such as parking. Failing to provide such adjustments, as demonstrated by the issuing of this PCN, constitutes indirect discrimination under the Act.

As the management of Harpurhey Shopping Centre, you are jointly and severally liable for the actions of your agent, Ocean Parking. Therefore, I respectfully request that you instruct Ocean Parking to cancel this PCN immediately and ensure that no further action is taken.

Please confirm the cancellation of the PCN in writing at your earliest convenience. Failing to address this matter may result in further action being taken under the Equality Act for failure to make reasonable adjustments for a disabled person.

I attached copies of the blue badges in this email.

Yours sincerely,
RK

Email: @RK
"

You already knew that Ocean would reject any appeal. Personally, I wouldn't bother wasting time or effort with an IAS appeal but others here will disagree. It is up to you.

Have you tried following up with the shopping centre management? If that doesn't work, the only way this will be resolved is in the ultimate dispute resolution service, the small claims track of the county court. You would have plenty of defences, including discrimination under the Equality Act.

You would never get a court summons. This is not a criminal matter. You may receive a debt claim in the county court, which is a totally different matter. It is a simple contractual dispute.