Asking store manager to cancel

Meh_meh

I've spent the last 2 hours reading and re- reading - I am now at a total loss. I'm getting totally confused. I DONT KNOW WHAT TO DO!

Dee140157

A good appeal on this there's here for MET.
https://forums.moneysavingexpert.com/discussion/4865624

You can adapt and add in these words written by Coupon-Mad (for someone else's EA appeal.) Perhaps put as first point.

1. The parking company in contravention of the Equality Act 2010

The BPA Code of Practice states:

16.1 The Equality Act 2010 says that providers of services to the public must make ‘reasonable adjustments’ to remove barriers which may discriminate against disabled people.

16.5 If your landowner provides a concession that allows parking for disabled people, if a vehicle displays a valid Blue Badge you must not issue it with parking charge notices.

Locating the full terms and conditions at a point where it is unreasonable to expect an individual who suffers from walking difficulties to see them, with no signage placed in the dedicated disabled area is a clear contravention of 16.1 above.

The Equality Act states:

142(1) Unenforceable terms
A term of a contract is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of that or another person that is of a description prohibited by this Act.

144(1) A term of a contract is unenforceable by a person in whose favour it would operate in so far as it purports to exclude or limit a provision of or made under this Act.

By enforcing a ‘contract’ (in dispute) due to inadequate provision and signage - and would necessitate a disabled person parking 300m from the station entrance - would prohibit an individual such as myself from utilising the railway services as is my legal right to do so. Therefore the terms as claimed by the Operator has created indirect disability discrimination and are therefore unenforceable.

''5.4 What does the Act say? Indirect discrimination may occur when a service provider applies an apparently neutral provision, criterion or practice which puts persons sharing a protected characteristic at a particular disadvantage.''

On 10th April 2013, a POPLA assessor, Shona Watson, erroneously decided in that case, that an Operator's terms & conditions could circumvent the Equality Act 2010. Mr Greenwood subsequently faced Excel in Court on 4th October 2013, and in 3QT60496 the judge decided that the Operator had a legal duty to make a 'reasonable adjustment' for a genuine disabled person.

The Operator's case was lost in court, showing that POPLA was wrong to allow t&cs over disability law - and my case is the same as Excel v Greenwood.

15 (1) A person (A) discriminates against a disabled person (B) if—

(a) A treats B unfavourably because of something arising in consequence of B's disability, and (b) A cannot show that the treatment is a proportionate means of achieving a legitimate aim.

I therefore additionally request the Operator responds to 15 (1) (b) to substantiate what legitimate aim is being met by the issuance of a punitive invoice and how this is proportionate, given there is no formal contract between Operator and driver.

Conclusion

I ask that this appeal be allowed and respectfully request POPLA consider the disability protection aspects of the EA in all future cases whether or not the appellant knows to raise it as an issue, as I have done here. A disabled person does not have to raise the Equality Act by name to be protected by its provisions and POPLA has stated that it will consider all applicable laws when making their decisions.

The EA and the EHRC Code of Practice I have referred to is statutory disability legislation which renders any parking contract term null and void if the effect is to deny a protected motorist or passenger their general right of access to railway stations.

POPLA must surely now order the Operator to cancel this fake PCN. I firmly believe that failure to do so could even leave POPLA exposed to a claim for disability discrimination because POPLA are also a service provider (with the same legal duties under the EA) and the Act is unequivocal.

On the suggestion of another forum member, you might wish to consider putting this appealing first and requesting they deal with the appeal points in the order they appear, to see if they actually addres the EA issue.

Coupon-mad

Could have just searched the forum for 'MET POPLA' as keywords - it's easy!

There is also a perfectly good POPLA example in 'How to win at POPLA' in post #5 of the NEWBIES thread which covers the Equality Act issue (clearly marked as such).