clamping in disabled bays -private car parks

MummyHol

Haven't been able to get through to the bank this week- just put on hold for hours at a time, especially today (i assume they're short staffed because of the weather)

OH has written to the company asking very politely for the money back- i know this is a one-in-a-billion chance of happening but thought it would support us if we get to court (make us look reasonable).

Just for the record, i'm not a blue badge holder but i'm not able bodied either- i do have a recognised medical condition that restricts my ability to walk and stand. Not that it has anything to do with this situation at all.

Thanks everyone for the support and info

Coupon-mad

If your medical condition fits within this definition of disability:

http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001069

then the retailer/clamper has broken the DDA by clamping you in that disabled bay. They have discriminated against you which is illegal if your condition falls within the DDA definition. That would make an interesting case if you complain to the Disability Rights Commissioner and they take action against the retailer and/or clampers.

You don't have to have a blue badge, just read the definition and have a think about it...

If you don't think your medical case falls within that definition then no worries, just press ahead anyway with getting your dosh back. Take the clampers and whoever contracted them as agents, to the Small Claims Court.

Have you posted a thread on pepipoo for advice yet, I can't recall as there are sooo many clamping cases around now?

MummyHol

Thanks for the link, Coupon-Mad. My condition is a ''fluctuating condition'' made worse by the fact that i'm pregnant so i don't think the DDA covers me.

We did try to post on pepipoo but the confirmation email wouldn't work after we registered

peter_the_piper

Try again with a different email, its worth it.

FatAndy

HO87 wrote: »

And whilst I do not in any way agree with your opinion I nevertheless entirely support your democratic right to voice them.

However, if anyone wishes to exercise their democratic rights they must also acknowledge that with them come responsibilities - one of which is to uphold the law whether one is seeking to enforce it or defend oneself against it.

The plain fact of the matter is that the blue badge scheme does not extend to off-street car parks and one must therefore ask why organisations seek to extend it beyond what the law permits? In applying the same standard as you would appear to have done there is no more moral rectitude in "stretching" the law to create psuedo blue badge bays than there is in parking in one without the badge.

By then taking things a further step still and actually seeking to enforce some form of "legal" remedy by clamping cars thus parked would suggest that any moral argument in favour of such enforcement was utterly lost.

Does everyone realise that the law states that all men over 14 in England are required to carry out two hours of longbow practice each day. Luckily I live in Wales but hopefully all you males over the border are acknowledging that your democratic rights come with responsibilities to uphold the law and are therefore heading off to the archery range for a couple of hours after work or school each evening. Cause if you ain't HO87 is going to be dobbing you in. Having said that you're probably all currently in jail for eating a mince pie on Christmas Day which is strictly prohibited by law. And don't even think about hanging your washing in the street, lighting a firework, being caught drunk in charge of a cow, using any slide upon ice or snow or firing a cannon close to a dwelling house. And if you happen to be a lady please don't forget that it's illegal to be topless anywhere in Liverpool unless you're working as a clerk in a tropical fish shop.

p.s. HO87, are you by any chance Mr Logic out of Viz?

HO87

FatAndy wrote: »

p.s. HO87, are you by any chance Mr Logic out of Viz?

Sadly, no as he is a Chelsea Pensioner and as any fule kno its illegal to impersonate one.

FatAndy

HO87 wrote: »

Sadly, no as he is a Chelsea Pensioner and as any fule kno its illegal to impersonate one.

I'll admit I haven't read Viz for a few years but Mr Logic was a spotty young herbert last time I did read it. He must have aged badly in last few years.

http://en.wikipedia.org/wiki/Mr_Logic