parking eye judgment

pustit

Umkomaas wrote: »

You're on a roll this evening C-m. And with you now having a week off work, I'm looking forward to seeing more PPC-withering posts.

More power to your elbow, you're fantastic

Agree 100%

martmonk

[EMAIL="cdawson@therange.co.uk"]cdawson@therange.co.uk[/EMAIL]

Coupon-mad

martmonk wrote: »

[EMAIL="cdawson@therange.co.uk"]cdawson@therange.co.uk[/EMAIL]

A CEO not exactly known to give two hoots about customers - but we will see what he thinks about a Letter before Claim and then actual small claim for damages. IMHO this one is easy to argue because the Range knew about the disability, verbally agreed to sort the PE matter out, failed to do anything nor even to inform the customer who clearly told them everything and had a court case hanging over her head, and as a result she faces a CCJ and paying £xxx.

Easy to argue about Parking Eye as well, who owe this customer MORE due to the 2012 fake PCN she was wrongly told she had to pay, when Lorraine had already told them about her medical condition. She still has the same car and proof from saved emails that PE know about and have ignored her right to 'reasonable adjustments'.

IMHO neither the Range nor PE have any 'wriggle room' in this case.

Isn't it high time some of these so-called service providers were dragged to court to explain why they have ignored their legal duty in the Equality Act? This is the easiest case to argue 'breach of EA' over that I have seen so far, since 'Grunwald' posted a few months ago on pepipoo and ended up beating Excel earlier this month in court over his Blue Badge debacle.

Buzby

Trebor16 wrote: »

Also, an individual can file a claim for harassment without going through the criminal court system.

http://www.neumansllp.com/harassment_legal_services/civil_harassment.html

Your link does not support your assertion - Small Claims cannot be used in the circumstances you describe.

Stroma

Buzby wrote: »

Your link does not support your assertion - Small Claims cannot be used in the circumstances you describe.

Yes they can!

Trebor16

Buzby wrote: »

Your link does not support your assertion - Small Claims cannot be used in the circumstances you describe.

Same old Buzby, just can't admit when you are wrong. Fact is harassment actions are not limited to actions through the criminal courts being pursued by the CPS. which is what you were claiming.

lainieee

Coupon-mad wrote: »

A disabled person can do, as harassment is a specific breach of the Equality Act if they 'knew or should have known' about the disability (PE and the Range both knew). As is 'failure to make reasonable adjustments'.

The remedy for breaches of the Equality Act is monetary damages.

The Range and Parking Eye are in the frame and I shall make sure all the clients at those car parks know as well.

Reply immediately and say:

'do not insult me with your standard fob-off about parking charges. TAKE NOTE AND REFER THIS TO YOUR HEAD OF CUSTOMER SERVICE, OR YOUR LEGAL DEPT. I am about to sue The Range for disability discrimination because I have suffered a CCJ because of the actions of your staff and your parking agent.

Do you understand? Look at this link again:
showthread.php?t=4802567<<cant post link in quoted reply as im new>> reply

This is not something that a Customer Service Clerk can handle with a fob-off email template response. Pass the complaint to your Manager immediately, someone who can and will sort this out on Monday morning.

The Range will be receiving a court claim if not, and as you can see from the attached link I have the backing of people who will see this through.

Ok replied to the range with what you wrote.
So far I've contacted the range on FB, which led to this, contacted Aldi FB, no reply as yet.
Emailed the owner of parking eye, paul or peter something. .? I think thats it so far?
Am I missing anything? Is there any other emails I should write, what should I say?
Ty x

Coupon-mad

I suggest an email to the BPA Ltd:

[EMAIL="david.m&#64;britishparking.co.uk"]david.m@britishparking.co.uk[/EMAIL]

and copy in the DVLA:

[EMAIL="david.dunford&#64;dvla.gsi.gov.uk"]david.dunford@dvla.gsi.gov.uk[/EMAIL]





Dear BPA and DVLA AOS Compliance & Operations Manager,

URGENT COMPLAINT ABOUT 'PARKING EYE' - DISABILITY DISCRIMINATION
This is an official disability discrimination complaint and involves ParkingEye and the BPA Ltd. As an initial urgent step, I formally require the BPA Ltd., as the Trade Body overseeing AOS members, to step in to investigate my case against ParkingEye immediately and ensure that:

1. they are aware that I am about to sue them and their client, the Range, for disability discrimination which has resulted in a CCJ against me. I require ParkingEye to cancel this so that it is wiped from my clean credit record.

2. that they also owe me a refund of a PCN in 2012 they erroneously told me I had to pay - yet they already knew about my right to a reasonable adjustment. I require ParkingEye to refund my payment plus simple interest at 8% for 12 months, as would be awarded by a court.

3. they also must now cancel an Aldi PCN from earlier this year, again for an alleged 'overstay' by me.

4. they need to add my registration to an exempt list because I have medical conditions, which ParkingEye knew about and ignored as early as a year ago, which cause me to take longer to carry out daily activities like shopping. I do not need a Blue Badge to prove my need. I meet the definition of disability under the Equality Act 2010 and my complex chronic conditions include mobility issues. ParkingEye know about this and I have the emails and letters from 2012 to prove it.

5. If ParkingEye do all of the above by 5pm on Monday 28th October I will not pursue the matter, as discussed in detail here:

https://forums.moneysavingexpert.com/discussion/4802567

6. I would also appreciate the BPA Ltd. explaining to me and to the DVLA, why AOS members have not been trained about their legal duty under the Equality Act 2010 to make reasonable adjustments, and in particular about their many duties as service providers as defined in the EHRC Code of Practice on Services, Public Functions & Associations, which became law in April 2011? Your own CoP only mentions Blue Badges which - quite apart from being a bespoke Council scheme - are not the only indicator of disability need and which are not visible where the parking regime uses a spy camera. No protected characteristics are visible by a camera taking pictures of a vehicle arriving and leaving, and this is where ANPR systems like that used by ParkingEye completely fail at the outset to make any reasonable adjustments.

http://www.equalityhumanrights.com/legal-and-policy/equality-act/equality-act-codes-of-practice-and-technical-guidance/

It is my belief and that of many others, that no AOS member adheres to their EA legal duty, whether they use an ANPR system or not. A recent example which demonstrates this is the defeat of Excel v Greenwood on 4th October 2013, which proves that AOS members have been told/believe that Blue Badges are the only indictor of disability need. This is not so at all, especially as regards arbitrary time limits to shop. I suggest you ask Excel to provide you with a Transcript of the judge's comments in that case which state that such PCNs should be cancelled at the outset as soon as the disability (or other protected characteristic) is revealed.

I am minded to report your whole membership to the EHRC if you cannot show me the steps you are going to take to resolve this illegality.

Take Note: you must consider this as a formal complaint from a disabled person (Equality Act definition) about disability discrimination by one of your AOS members and about the apparent failings of the BPA Ltd to properly inform your members about the effects of the EA and statutory Code. If you intend to be seen to drive up standards in the parking industry you cannot ignore, nor gloss over, disability law.

I require an initial response by 5pm on Monday 28th October by email. You will appreciate why time is of the essence due to the CCJ. After that date I will be preparing Letters before County Court Claim against various parties which will be sent in the course of next week.



YOUR NAME
YOUR CAR REGISTRATION



You could also include your MP in this email, Lorraine!!

P.S. do not copy & paste the MSE and other links as they often don't work when copied (you have to re-insert the full URL link).

lainieee

Hi, just done the emails, & also copied to my local MP John Denham.
I had a reply saying one of them was out of office & to email someone else with their email address, so forwarded a copy to them too! I think it was british parking?
So just a waiting game now it would seem. Not had a reply back from the range or anyone else as yet, but given it is the weekend, thats understandable.
CM & everyone who has been helping me, a big thank you! I hope they take the emails seriously! X

Coupon-mad

I think David Metcalf at the BPA was out on Friday but is back in the office tomorrow (see BPA, we know!).