Hospital Complaint For Breach Of Equality Act 2010

nobbysn*ts

Seems good advice, if he won't budge, and you can show he's endorsing a breach of the law in your opinion, it's going to be worth a punt.

Fergie76

My POPLA appeal is due to be heard on 25 Nov 14, next Tuesday. I have still not received any evidence pack, is it best to contact POPLA, saying I haven't received and there is now less than 7 days until the appeal is heard, or just let them carry on regardless?

Also, any suggestions what I should do about my MP? He is clearly not interested in the Equality Act, but should I push him for an answer on his views on PPC or just drop it?

Coupon-mad

Maybe he's received one of the BPA's ridiculous 'KNOW YOUR PARKING RIGHTS' packs for MPs. The BPA stated this as one of the aims of their stupid new publicity campaign overseen by 'PR Office' who they are paying to make people think the BPA are 'seen to be fighting for motorists' rights'. One item on the agenda:

'Creation and delivery of template packs for MPs and their staff to use as a resource in their offices and at their surgeries when constituents raise parking concerns'.

But the Independent Scrutiny Board (who scrutinise POPLA) comments could be useful to some posters about discrimination:

The Independent Scrutiny Board considered a complaint by a member of the public which suggested that motorists with disabilities had certain rights under equality legislation which should be enforced by POPLA .

'The board is of the view that the Equality Act lmposes on the car park operator a requirement to make reasonable adjustments to meet the needs of a disabled person.

The complaint that demanding the display of a blue badge is unfair does have some merit.

Badges are only issued to those people who meet the criteria set down by the Department for Transport. Those criteria are different to the definition of a disabled person in the Equality Act. lt is, therefore, possible to be a disabled person for the purposes of the Equality Act, have a need for a reasonable adiustment under that Act, but not have a blue badge.

The Act makes clear that the course of action for a breach is for the disabled person to claim compensation through the County Court (or equivalent in other parts of the uK). The board feels that they can readily do this by making a counter claim and defence when the operator makes a claim for the parking charge in the same court.'

This all comes from a FOI request of the DVLA by a pepipoo poster:

https://www.whatdotheyknow.com/request/207924/response/519914/attach/3/FOIR3966%20Annex.pdf

Fergie76

Thanks as ever C-M. I was thinking of FOI-ing my MP, to find out who he has been talking to about my case.

And with regard to not receiving APCOA's evidence pack, what should I do.

Coupon-mad

If it's close to your POPLA decision date then you could email POPLA and point out no evidence pack has been received. But you will win anyway.

Fruitcake

Coupon-mad wrote: »

Maybe he's received one of the BPA's ridiculous 'KNOW YOUR PARKING RIGHTS' packs for MPs. The BPA stated this as one of the aims of their stupid new publicity campaign overseen by 'PR Office' who they are paying to make people think the BPA are 'seen to be fighting for motorists' rights'. One item on the agenda:

'Creation and delivery of template packs for MPs and their staff to use as a resource in their offices and at their surgeries when constituents raise parking concerns'.

But the Independent Scrutiny Board (who scrutinise POPLA) comments could be useful to some posters about discrimination:

The Independent Scrutiny Board considered a complaint by a member of the public which suggested that motorists with disabilities had certain rights under equality legislation which should be enforced by POPLA .

'The board is of the view that the Equality Act lmposes on the car park operator a requirement to make reasonable adjustments to meet the needs of a disabled person.

The complaint that demanding the display of a blue badge is unfair does have some merit.

Badges are only issued to those people who meet the criteria set down by the Department for Transport. Those criteria are different to the definition of a disabled person in the Equality Act. lt is, therefore, possible to be a disabled person for the purposes of the Equality Act, have a need for a reasonable adiustment under that Act, but not have a blue badge.

The Act makes clear that the course of action for a breach is for the disabled person to claim compensation through the County Court (or equivalent in other parts of the uK). The board feels that they can readily do this by making a counter claim and defence when the operator makes a claim for the parking charge in the same court.'

This all comes from a FOI request of the DVLA by a pepipoo poster:

https://www.whatdotheyknow.com/request/207924/response/519914/attach/3/FOIR3966%20Annex.pdf

Could this information be included in the NEWBIES thread as an appeal point for those affected?

Fergie76

Coupon-mad wrote: »

If it's close to your POPLA decision date then you could email POPLA and point out no evidence pack has been received. But you will win anyway.

Yep, POPLA date is next Tuesday 25 Nov.

I was going to put a bit in countering the head adjudicators claim that POPLA can't decide on EA10 issues.

What is the best way to complain? Email them or update my appeal?

Coupon-mad

Email them but they won't listen because it was their Scrutiny Board which decided in their infinite wisdom, that the E/Act is somehow outwith POPLA's remit.

Fergie76

I have just emailed POPLA with the following:

I write in reference to the above POPLA code. My POPLA appeal is due to be heard on Tuesday 25 November 2014 and as yet I have not received any evidence pack from the APCOA. POPLA and the BPA AOS Code of Conduct requires that this is sent by the operator to both the appellant and POPLA in good time. This has not happened in this case.

I am also concerned with the way in which POPLA adjudicate appeals. My appeal is based on discrimination, breach of the Equality Act 2010 and breach of the BPA AOS Code of Conduct. The POPLA website quite clearly states:

The Assessor considers all of the evidence from you and from the operator but cannot allow an appeal because of mitigating circumstances.

So if mitigating circumstances are not allowed, that must mean all appeals must be based on points of Law. However the Lead Adjudicators annual report states:

[FONT=&quot]Operators do have responsibilities under the Act, however, the Act itself specifically provides for resolution, in England and Wales, through the County Court.[/FONT]

and

[FONT=&quot]However, it is not for POPLA to enforce the requirements of the Act, when the Act itself clearly makes provision for this to be done elsewhere.[/FONT]

Is it not also true, that the County Court also provides resolution for all Private Parking Tickets and therefore making POPLA redundant? Especially, as the County Court decision is binding on both parties, rather than just the parking company like what POPLA is? Indeed Parking Eye are issuing thousands of County Court claims each and every week, which reinforces this point.

If POPLA want to remain a credible independent resolution centre, then surely you cannot pick and choose the points of law you are going to adjudicate on, especially when you are not allowing what can be very credible mitigating circumstances? Either you adjudicate on all points of law or none at all.

And also my MP:

[FONT=&quot]I am extremely disappointed that you are refusing to help me in this case. I thought the whole point of an MP was to represent their constituents? What was the point of asking me, what I wanted you to do for me, when you had no intention of doing it anyway?[/FONT]

[FONT=&quot]Disregarding the point of discrimination, what are your views on Private Parking Companies ripping off the general public and charging them penalties and fines? I have supplied you with two links in previous emails, where people are being ripped off all the time, did you even bother to read them?[/FONT]

[FONT=&quot]In my last email to you, I asked if you could tell me what legislation it was that allowed private companies to fine private citizens, but you have failed to answer my question, can you please provide me with answer? I also asked for your opinion on APCOA breaching their own Trade Associations Code of Practice, again you seemed to have ignored this.[/FONT]

[FONT=&quot]Under the Freedom of Information Act, can you provide me with copies all of correspondence, telephones calls, people you have spoken to about my case and any other sources of information you have used? Where there is no transcript of telephone calls or of people you have spoken to in person, can you provide a summary of such conversations.[/FONT]

Umkomaas

I bet APCOA won't contest this at POPLA, giving you a default win! If that happens, you can then concentrate your energies into holding your MP to account.