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Your Thoughts?

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Comments

  • bod1467
    bod1467 Posts: 15,214 Forumite
    I agree completely - I was just wanting to make sure you were clear on all the options, and on the effort you'd need to expend. :)
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    plus I think you have a counter claim under the EA2010, in which case you receive more than you lose , plus you can dispute this charge AND issue an LBC stating you will consider a claim under the EA2010 against this council, if as you say there are no disabled spaces on that car park
  • MrRee_2
    MrRee_2 Posts: 2,389 Forumite
    There are no Disabled Parking Spaces in this Car Park.

    They 'may' have a defence in that, between Monday and Friday the 349 spaces are allocated thus:- 25 Pay and Display and 324 Permit Holders.

    At the weekends all 349 spaces are Pay and Display.

    I wonder if the Permit Holders thing can excuse them their obligation to make the Car Park 'inclusive'? ie. Disabled friendly?

    There is quite clearly discrimination going on as the space widths are so narrow that a disabled could not use the Car Park without risking a PCN.

    What is a LBC in relation to the EA2010?
    Bringing Happiness where there is Gloom!
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    acronyms are explained in the NEWBIES sticky thread (the one everybody should read) ;)
  • bod1467
    bod1467 Posts: 15,214 Forumite
    It'll likely be written as LBCCC in the NEWBIES thread. ;) (Also usually known as a LBA, but Parking Eye tend to use the LBCCC definition to try and confuse people into thinking it's an actual court claim).
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    MrRee wrote: »
    There are no Disabled Parking Spaces in this Car Park.

    They 'may' have a defence in that, between Monday and Friday the 349 spaces are allocated thus:- 25 Pay and Display and 324 Permit Holders.

    At the weekends all 349 spaces are Pay and Display.

    I wonder if the Permit Holders thing can excuse them their obligation to make the Car Park 'inclusive'? ie. Disabled friendly?

    There is quite clearly discrimination going on as the space widths are so narrow that a disabled could not use the Car Park without risking a PCN.

    What is a LBC in relation to the EA2010?

    they provide a service to the public, therefore they have to abide by the EA 2010

    the EA 2010 requires service providers not to discriminate against someone on the grounds of disability, so a car park operator cannot refuse to let someone use their car park because they are disabled. The Act also requires a service provider to make 'reasonable adjustments' necessary for disabled people to use their service.

    This duty to provide 'reasonable adjustments' is an anticipatory duty, so if a service provider can reasonably foresee a need to accommodate certain groups, such as mobility impaired people who cannot walk far or who might need an oversize parking space, they must make that provision available on their own initiative rather than waiting to be asked for it.
  • MrRee_2
    MrRee_2 Posts: 2,389 Forumite
    They expect disabled persons to use this car park, I can prove that as their big sign says that parking is free if you have a blue badge!

    The space sizes also make it impossible for the disabled to use it.

    I have made representations, I will deliver these tomorrow to the council offices. If this fails I shall pay the fine and then take up a discrimination claim.
    Bringing Happiness where there is Gloom!
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