I've won many of these with Private Parking companies.. so I am trying my luck with a ticket I received on a council car park the other day..
Ironically I was taking my daughter, who is disabled to Travel Training in Hamilton Buildings..
The receiving of PCN was admittedly a gaff on my behalf, I had no idea it was Pay and Display, the grounds to the front of the building have been made that, so to stop the general public taking the Michael..
My initial appeal was dismissed.. I asked them to reconsider.. without going into detail.. explaining the circumstances.. in hindsight I should of sent the below first..
They have acknowledged this followup and its now being re-considered..
Anyway my appeal.. I re-worded it a little... as the original is for Parking in a Disabled bay without a blue badge on Private Land.. On this occasion I am contesting the charge as concessions are for available for disabled drivers/ passengers for Blue Badge Holders only, my argument is.. surely that is discrimination under the Equality Act.. ??
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Web reference for this appeal is: XXXXXXX
I have received your noticed that you have dismissed the initial appeal.. It is a little outrageous in my opinion, given the circumstances.
The Reasons why there is No Liability ?
A passenger in the Vehicle on that day was disabled, my daughter 'firstname surname' as she was visiting an appointment in respect of Travel Training in Hamilton Buildings. She has a Autistic Spectrum Disorder (ASD), ADHD and Gross developmental delay and is also in receipt of High rate care DLA and Low rate Mobility
We are not blue badge holders, although I can understand it within your terms an conditions a blue badge must be displayed, these 'terms and conditions' really cannot be enforced.. To enforce this is blatant discrimination under the Equality ACT 2010.. As not everybody who is disabled has a Blue Badge..
It is like having Parking Spaces for Men and Woman and trying to enforce a fine on either for parking in the 'wrong bay', absolute discrimination..
This statutory Code in respect of the Equality ACT 2010 became law on 6 April 2011 and applies to yourselves Wirral Borough Council as you are 'service providers'. If in doubt about this legislation I strongly suggest you refer to your legal advisers because it has repercussions which would relate to many of your policies and practices.
Furthermore, it is illegal to harass a disabled person or subject them to any detriment (in this case the 'service' is the reasonable adjustment provision of the use of a parking bay for a disabled person without charge):
''EQUALITY ACT 2010
29 Provision of services
(2) A service-provider (A) must not, in providing the service, discriminate against a person (B)—
(a)as to the terms on which A provides the service to B;
(b)by terminating the provision of the service to B;
©by subjecting B to any other detriment.
(3) A service-provider must not, in relation to the provision of the service, harass—
(a)a person requiring the service, or
(b)a person to whom the service-provider provides the service.
In Excel v Greenwood on 4th October 2013, in 3QT60496 the judge decided that the Operator had a legal duty to make a 'reasonable adjustment' for a genuine disabled person even when (as in that case) no Blue Badge was displayed. The judge also commented that the defendant (a disabled man issued with a Parking Charge) would have been likely to have had a case for compensatory damages.
Please take this email as a formal complaint, My wife and I have a good mind to take to Social Media to vent our experience over this matter. However I expect this charge with your intervention, to be quite rightly cancelled within 14 days.
Best Regards
[/article]
Ironically I was taking my daughter, who is disabled to Travel Training in Hamilton Buildings..
The receiving of PCN was admittedly a gaff on my behalf, I had no idea it was Pay and Display, the grounds to the front of the building have been made that, so to stop the general public taking the Michael..
My initial appeal was dismissed.. I asked them to reconsider.. without going into detail.. explaining the circumstances.. in hindsight I should of sent the below first..
They have acknowledged this followup and its now being re-considered..
Anyway my appeal.. I re-worded it a little... as the original is for Parking in a Disabled bay without a blue badge on Private Land.. On this occasion I am contesting the charge as concessions are for available for disabled drivers/ passengers for Blue Badge Holders only, my argument is.. surely that is discrimination under the Equality Act.. ??
[article]
Web reference for this appeal is: XXXXXXX
I have received your noticed that you have dismissed the initial appeal.. It is a little outrageous in my opinion, given the circumstances.
The Reasons why there is No Liability ?
A passenger in the Vehicle on that day was disabled, my daughter 'firstname surname' as she was visiting an appointment in respect of Travel Training in Hamilton Buildings. She has a Autistic Spectrum Disorder (ASD), ADHD and Gross developmental delay and is also in receipt of High rate care DLA and Low rate Mobility
We are not blue badge holders, although I can understand it within your terms an conditions a blue badge must be displayed, these 'terms and conditions' really cannot be enforced.. To enforce this is blatant discrimination under the Equality ACT 2010.. As not everybody who is disabled has a Blue Badge..
It is like having Parking Spaces for Men and Woman and trying to enforce a fine on either for parking in the 'wrong bay', absolute discrimination..
This statutory Code in respect of the Equality ACT 2010 became law on 6 April 2011 and applies to yourselves Wirral Borough Council as you are 'service providers'. If in doubt about this legislation I strongly suggest you refer to your legal advisers because it has repercussions which would relate to many of your policies and practices.
Furthermore, it is illegal to harass a disabled person or subject them to any detriment (in this case the 'service' is the reasonable adjustment provision of the use of a parking bay for a disabled person without charge):
''EQUALITY ACT 2010
29 Provision of services
(2) A service-provider (A) must not, in providing the service, discriminate against a person (B)—
(a)as to the terms on which A provides the service to B;
(b)by terminating the provision of the service to B;
©by subjecting B to any other detriment.
(3) A service-provider must not, in relation to the provision of the service, harass—
(a)a person requiring the service, or
(b)a person to whom the service-provider provides the service.
In Excel v Greenwood on 4th October 2013, in 3QT60496 the judge decided that the Operator had a legal duty to make a 'reasonable adjustment' for a genuine disabled person even when (as in that case) no Blue Badge was displayed. The judge also commented that the defendant (a disabled man issued with a Parking Charge) would have been likely to have had a case for compensatory damages.
Please take this email as a formal complaint, My wife and I have a good mind to take to Social Media to vent our experience over this matter. However I expect this charge with your intervention, to be quite rightly cancelled within 14 days.
Best Regards
[/article]
