Fined for parking in disabled bay, but AM disabled.

Coupon-mad

xoxnitaxox wrote: »

Thanks for the quick replies. It looks to me that I can use the Equality Act as a legal defense to fight this ticket (or ignore it).

I say this in the context of the fact that IKEA are legally obliged to provide me with disabled access, and by fining me, they are obviously discriminating against me for using a disabled parking space when I have no other option.

It sounds like the course of action I should take is to ignore ParkingEye's demands and to put pressure on IKEA pointing out they are in breach of the Equality Act.

Absolutely spot on.

The Equality Act covers you because you fit the definition of disability.

You must ignore Parking Spy but write to the Store Manager of that IKEA pointing out that you are disabled and that on private land they have to provide reasonable adjustments for disabled people, and allow them to use their facilities and shop unharassed (harassment of disabled people being covered within the Equality Act as well).

Tell them that their agent is harassing you over a fake PCN which was issued unlawfully, since it is an offence to discriminate against a disabled person. It may seem 'easier' for parking companies to pretend that all disabled people have to display a Blue Badge, but the legal fact is that they DON'T when on private land.

Finish by saying, now that they and their pathetic parking company agent have been made aware that you are disabled you expect to hear no more on the matter and will not respond to correspondence about the fake PCN. But say that you would appreciate a reply from IKEA to explain what steps they will now take to ensure that they do not allow their agents to harass disabled people unlawfully in the future - they need to know that a Blue Badge is NOT a requirement to use a reasonable adjustment such as a special parking bay. The only requirement is that the driver or passenger has a long-term disability - that is all.



...or you could sue IKEA and the PPC under the Equality Act, for compensation (really!).

Taiko

Just ignore Parking Eye. I've had 3 lots from them in the past, they do go away after a few letters.

xoxnitaxox

HO87 wrote: »

s.20 is where you need to look. Click here

Thanks. :beer: Composing my letter now.

xoxnitaxox

Coupon-mad wrote: »

Absolutely spot on.

The Equality Act covers you because you fit the definition of disability.

You must ignore Parking Spy but write to the Store Manager of that IKEA pointing out that you are disabled and that on private land thy have to provide reasonable adjustments for disabled people, and allow them to use their facilitis and shop unharassed (harassment of disabled people being covered within the Equality Act as well).

Tell them that their agent is harassing you over a fake PCN which was issued unlawfully, since it is an offence to discriminate against a disabled person. It may seem 'easier' for parking companies to pretend that all disabled people have to display a Blue Badge, but the legal fact is that they DON'T when on private land.

Finish by saying, now that they and their pathetic parking company agent have been made aware that you are disabled you expect to hear no more on the matter and will not respond to correspondence about the fake PCN. But say that you would appreciate a reply from IKEA to explain what steps they will now take to ensure that they do not allow their agents to harass disabled people unlawfully in the future - they need to know that a Blue Badge is NOT a requirement to use a reasonable adjustment such as a special parking bay. The only requirement is that the driver or passenger has a long-term disability - that is all.



...or you could sue IKEA and the PPC under the Equality Act, for compensation (really!).

Thanks. I am writing my letter now, which will be sent to Leiden, London and the IKEA store I visited. As to your last comment, it is something I have alluded to in the letter.

robredz

xoxnitaxox wrote: »

Thanks for the quick replies. It looks to me that I can use the Equality Act as a legal defense to fight this ticket (or ignore it).

I say this in the context of the fact that IKEA are legally obliged to provide me with disabled access, and by fining me, they are obviously discriminating against me for using a disabled parking space when I have no other option.

It sounds like the course of action I should take is to ignore ParkingEye's demands and to put pressure on IKEA pointing out they are in breach of the Equality Act.

1: They are NOT fining you a civil fine is illegal, a company cannot fine anyone

2: They are in fundamental breach of the Equalities Act

3: If they, Parking Eye, took you to court to enforce their penalty, and relied in photographic evidence to prove the "offence" cctv would show you in a wheelchair fatally undermining their case leaving themselves and IKEA wide open for a claim of Disability Discrimination.

As per previous advice. I would completely igore Parking Eye but write to IKEA and mention Watchdog, etc and ask them for footage from CCTV showing you in the store, mentioning that it will be needed for THEIRS and Parking Eyes evidence for court and you will need a copy for your defence, submission if it is relied on. That may shake them up a bit

adouglasmhor

robredz wrote: »

1: They are NOT fining you a civil fine is illegal, a company cannot fine anyone

2: They are in fundamental breach of the Equalities Act

3: If they, Parking Eye, took you to court to enforce their penalty, and relied in photographic evidence to prove the "offence" cctv would show you in a wheelchair fatally undermining their case leaving themselves and IKEA wide open for a claim of Disability Discrimination.

As per previous advice. I would completely igore Parking Eye but write to IKEA and mention Watchdog, etc and ask them for footage from CCTV showing you in the store, mentioning that it will be needed for THEIRS and Parking Eyes evidence for court and you will need a copy for your defence, submission if it is relied on. That may shake them up a bit

Not all blue badge holder need a wheelchair, when I was temporarily forced to use one for mobility problems I relied on a stick, some others need no aid at all.

Sirdan

adouglasmhor wrote: »

Not all blue badge holder need a wheelchair, when I was temporarily forced to use one for mobility problems I relied on a stick, some others need no aid at all.

I think you may have missed the point.

As defined by the Equality Act not all disabled people qualify for a blue badge.

They are however disabled by a legal definition.

That means they are entitled by law to use a disabled parking space in a private car park, regardless of any stipulation made by the landowner or the idiot parking company re blue badges !

To deny a disabled person use of the space on the basis that they have not displayed a blue badge is unlawful.

adouglasmhor

Sirdan wrote: »

I think you may have missed the point.

As defined by the Equality Act not all disabled people qualify for a blue badge.

They are however disabled by a legal definition.

That means they are entitled by law to use a disabled parking space in a private car park, regardless of any stipulation made by the landowner or the idiot parking company re blue badges !

To deny a disabled person use of the space on the basis that they have not displayed a blue badge is unlawful.

Read my post again - I was replying to someone who mentioned a wheelchair; I had already addressed the points you have made above earlier in the thread.
So who missed the point?

What a knobber.

Coblcris

If the signs in the car park state 'Blue Badge holders only ' then they are failing to cater for those that do fall under the disability legislation and so they are at fault in my opinion.

I have never seen an area in a private car park reserved for 'Disabled but not holding a blue badge' and I doubt that I ever will.

Sirdan

adouglasmhor wrote: »

Read my post again - I was replying to someone who mentioned a wheelchair; I had already addressed the points you have made above earlier in the thread.
So who missed the point?

What a knobber.

No you didn't clearly state the points ,you just said it was discrimination..I'm glad to see you agree though.

Not sure what your point is about blue badges though ..they have no relevance in this context.

Are you always so bloody rude ..I can only presume you are one of those perfect people who never ever get things even slightly wrong !

Abusing people is not encouraged on this forum.