Parking Eye CHARGE - 4 month old daughter

da_rule

Yes it protects them from discrimination, but, the statutory requirements (s.20) to make reasonable adjustments only applies to disability.

Section 13 then defines discrimination as treating someone less favourably because of a protected characteristic. Section 13(6)(a) sets out that it is discrimination if you treat a woman less favourably because she is pregnant/breast-feeding. Treating someone less favourably is not the same as having to make any adjustments. Therefore to claim under the pregnancy characteristic (s.17) it would have to be shown that you have been treated less favourably than someone else because you were breast feeding.

Stroma

By not allowing an appeal of this nature is discrimination, the refusal on the grounds that more time is needed to feed a baby possibly 2 or 3 times on one visit means that you are being treated less favourably than someone without a baby needing feeding.

I would argue that a protected characteristic is this, as its discrimination which is illegal under the act. The fact is parking eye doesn't think that the ea2010 doesn't apply to them, and I have seen early decisions by popla which disregards these breaches. Until it's properly tested though we don't know if they are discriminating.

Coupon-mad

Stroma wrote: »

But an Equality Act breach is not mitigation, it's law not some terminology to get a ticket cancelled! It's about time popla considers points of law as they say they do. If it was me going to popla on a breach of EA2010 that would be my only appeal point.

I tried that for an OP fairly recently - tried hard. The case was strongly argued & cited the EA but went over their heads and was 'lost' but is currently the subject of a complaint to the Lead Adjudicator and will be put under the noses of the new POPLA scrutiny committee as well.

As far as the Equality Act 2010 is concerned, the term 'reasonable adjustment' only applies to disability.

In terms of a breastfeeding mother, however, it's fairly similar as she is not allowed to be put to suffer any 'detriment' (which a PCN is!). So this applies:

http://www.maternityaction.org.uk/sitebuildercontent/sitebuilderfiles/breastfeedingpublicplace.pdf

But the OP should IMHO send the usual strong points shown in 'How to win at POPLA' the hyperlink in post #3 of the NEWBIES sticky thread. This will be about no GPEOL and no standing like all the other cases. She can/should add the breastfeeding 'breach of the Equality Act 2010' issue - but we know POPLA won't get it at all.

And she should complain to Next and to Mothercare in person or on the phone to the Store Manager, and/or by email to the CEO. There's a complaint about maternity discrimination in the 'Successful complaints about PPCs' sticky thread, one I wrote ages ago to rant at Morrisons for a similar ParkingEye ticket. They apologised and cancelled it in days. Have a look for it in the 'parking stickies' linked by Crabman at the top, under the NEWBIES sticky.

titch_bex

There's a complaint about maternity discrimination in the 'Successful complaints about PPCs' sticky thread, one I wrote ages ago to rant at Morrisons for a similar ParkingEye ticket. They apologised and cancelled it in days. Have a look for it in the 'parking stickies' linked by Crabman at the top, under the NEWBIES sticky.[/QUOTE]

CouponMad I cannot find this link please can you direct me to it. I have a little plan of action I am currently working on and will update you all in the near future.

Thank you for the suggestions so far

Coupon-mad

titch_bex wrote: »

CouponMad I cannot find this link please can you direct me to it. I have a little plan of action I am currently working on and will update you all in the near future.

Use the breadcrumb trail link above in blue small writing at the top of every page (as mentioned in my signature) to hop back one click to page one which looks like this:

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

Then look at the parking forum stickies posted as sticky #2 by Crabman, underneath the NEWBIES thread. Find the one called 'Successful Complaints about PPCs' and click through to it. There in post #1 you will see a massive amount of Parking Eye cases cancelled. Find the one called #1 MORRISONS CEO (MATERNITY/INDIRECT SEX DISCRIMINATION) & PARKING EYE.

Apols - I never post direct links if I can help it as I firmly believe newbies get more out of the forum once they can nip around it, find sticky threads and return to page one themselves. And searching the forum is another important skill to practise as well, much better than staying on your own thread seeing as this is the tip of a very very large iceberg. Personally I enjoyed this forum so much more once I knew how to nip around it, in my couponing days (hence my username!).