Hospital Complaint For Breach Of Equality Act 2010

Half_way

one word sums it up

fines

When is a fine not a fine? could He answer that one?

Coupon-mad

I highly doubt any success will come of this.

How weak and clueless.

Fruitcake

I wish he was my MP so I could tell him I was voting for the Monster Raving Loony Party instead. They at least would have more understanding of the English language and private parking.


What a pillock.


Shall you name him?


Deep breaths while you think of a reply. Do post it here so we can add to it first. Can we get up a petition claiming he is terminally stupid?

esmerobbo

Fruitcake wrote: »

terminally stupid?

I thought that was the minimum requirement for an MP, as well as not living in the real world.

bazster

Dear MP,

(i) If you will not help I wish this matter to be taken to the Parliamentary and Health Service Ombudsman

(ii) Are you seriously suggesting that a principal such as a health trust was not liable for the actions of its agent such as a parking company until the recent Department for Health guidance said so? The legal principle is centuries old, the recent guidance merely reminded the Trusts of it and

(iii) I wish you to take sufficient trouble to understand the issue such that you at least realise it's not a fine. Or do you honestly believe that private companies have the power to fine citizens of this country? Unless and until you grasp this simple point I would suggest you need to listen to what I am saying, for your own much-needed education, instead of penning patronising replies.

bod1467

your own not you own ... but yes.

bazster

bod1467 wrote: »

your own not you own ... but yes.

Sorry, I've written out 100 times "must try harder"!

Fruitcake

Is any of this useful in this case, or anyone else for that matter?

Information concerning the blue badge scheme can be found here: -

http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=3&ved=0CCwQFjAC&url=http%3A%2F%2Fwww.parliament.uk%2Fbriefing-papers%2FSN01360.pdf&ei=TZ-xU47JPIaPO_TfgcAF&usg=AFQjCNFe89xnbFsJMyOSIkn5WyMsOSPqrg

This is a House of Commons library note, so the MP should be aware of this and be able to access it himself. It quite clearly states on the front page,

"The blue badge scheme does not apply to off-street car parks, whether local authority- or privately-owned."



and further down the document,


"Off-street parking

[FONT=Arial,Arial][FONT=Arial,Arial]The blue badge scheme does not apply to off-street car parks whether local authority or privately owned. However, the [/FONT][/FONT][FONT=Arial,Arial][FONT=Arial,Arial]Equality Act 2010 [/FONT][/FONT][FONT=Arial,Arial][FONT=Arial,Arial]does require parking operators on private land to make ‘reasonable provision’ for disabled people." [/FONT][/FONT]

There's more,

"The position is more complicated in the case of private car parks or privately operated car parks – for instance those at supermarkets – as the disabled parking spaces are generally not designated by Order and therefore no offence is committed by non-disabled people parking in these spaces."

bazster

Incidentally, I see there was no apology for the suggestion that a Blue Badge had been misused.

Fergie76

bazster wrote: »

Dear MP,

(i) If you will not help I wish this matter to be taken to the Parliamentary and Health Service Ombudsman

(ii) Are you seriously suggesting that a principal such as a health trust was not liable for the actions of its agent such as a parking company until the recent Department for Health guidance said so? The legal principle is centuries old, the recent guidance merely reminded the Trusts of it and

(iii) I wish you to take sufficient trouble to understand the issue such that you at least realise it's not a fine. Or do you honestly believe that private companies have the power to fine citizens of this country? Unless and until you grasp this simple point I would suggest you need to listen to what I am saying, for your own much-needed education, instead of penning patronising replies.

Baz, thanks for another great letter and I wish I could send it like it is, but it's just not me. Why use 5 words, when I can use a 100... :rotfl: Although I have nicked some of it.

Just sent MP, this in reply:

I feel that you still do not understand the issues I have raised, indeed you seem to be condoning discrimination.

You say you are at odds with what I want you to do. What I would like you to do, is to take time to read up and understand the issues regarding the Equality Act 2010 (EA10) and parking on private land and ask the hospital to comply with EA10 and cancel this illegal penalty. The EA10 specifically states:

[FONT=&quot]The Equality Act 2010 Part 2 Chapter 2 Section 20 Paragraph 3 states:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.[/FONT]

Now, as I have explained in my letters to the hospital by charging a disabled person the same amount for the same period of time is discrimination, as disabled people by the nature of their disability will take longer and therefore have to pay for more time and are therefore a substantial financial disadvantage. You say I won’t win on this argument because it is clear in the car park rules. Are you saying a company can ignore the law, as long as it’s in their rules?

You do realise, not everyone that is disabled has a blue badge, yet they are still protected under EA10 and are entitled to reasonable adjustment under that law, part of which is the provision of disabled bays on private land?

You also mention fines. Can you please point me to the legislation that allows private companies to fine private citizens?

By not commenting on the breaches of the British Parking Association Approve Operators Scheme Code of Practice that I have raised, I assume that you also condone this practice and that these private parking companies can do as they please, as long as it is in there made up rules?

You are correct, the NHS Parking Principles were published in August, but are you seriously suggesting that a principal such as a health trust are not liable for the actions of its agent such as a parking company until the recent Department for Health guidance said so? The legal principle is centuries old, the recent guidance merely reminding the Trusts of it.

If you have read my previous correspondence with the hospital, then you will be aware that Medway NHS Trust were forced to change their parking charges for disabled people following legal action by Unity Trust - http://www.disabledmotoring.org/campaigns/hospital-parking-charges

I won't name and shame my MP yet, but will when this is over...