PCN for breastfeeding - Appeal lost with Premier Parking

Half_way

Guys_Dad wrote: »

I have read many, many posts advising using the EA 2010 defence in parking cases but have yet to see one case in which this was a winning argument.

Is this at POPLA or beyond?
it's known that POPLA don't give a stuff about equality issues, however it should always be bought up, even with POPLA as it opens the doors to the possibility of further action.
however, the parking company, and landowner should cancel upon becoming aware of an EA issue.
Being up the EA issue at every stage, and when/if you decide to pursue further, you have evidence of being reasonable in trying to get things sorted out.
You should also demand that they remove any ANPR equipment that they use for enforcement, as this by default discriminates. One of the reasons councils can't use ANPR.

The_Deep

I have read many, many posts advising using the EA 2010 defence in parking cases but have yet to see one case in which this was a winning argument. I may have overlooked one but I don't think so.

There probably are none, but that does not mean that parking companies/MAs/landowners have not been taken to court for this offence.

I suspect that the amounts involved would make it worth engaging a HR lawyer. I tried it on Reading Council but they cancelled the ticket on a technicality.

In some cases, (mainly emplotment), the EHRC have been known to fund discrimination cases bought to court.

I only needs one stroppy individual.

Guys_Dad

The_Deep wrote: »

I have read many, many posts advising using the EA 2010 defence in parking cases but have yet to see one case in which this was a winning argument. I may have overlooked one but I don't think so.

There probably are none, but that does not mean that parking companies/MAs/landowners have not been taken to court for this offence.

I suspect that the amounts involved would make it worth engaging a HR lawyer. I tried it on Reading Council but they cancelled the ticket on a technicality.

In some cases, (mainly emplotment), the EHRC have been known to fund discrimination cases bought to court.

I only needs one stroppy individual.

I agree with you. My last post agreed with you. My point was that it is unlikely in a pure parking/ commercial contract case, OP would win on EA grounds. A subsequent case brought by the OP on EA grounds would stand the best chance of a win or, as you suggest, the threat of such an action with full publicity might get the other side to back down.

I just feel that in many threads on here that the point you made above and that a 2nd case on EA grounds would be needed and that in a pure parking case either in court or at POPLA, then EA2010 would not be a winning point.

Regulars need to be specific when helping newbies and not mislead by omission.

damargil

Thank you all for your help/support.

I am going to send a letter before action to Premier Park and I would like to follow the structure suggested in the link by The Deep. However, at this point in time I still don't know about point 3, i.e. how or why they have discriminated against you, including reference to the Equality Act. Any help on that?

I will post the letter here for review before I send it, hopefully sometime tomorrow, if I get to understand the discrimination bit.

Cheers

Umkomaas

Have you bottomed out who the landowner is yet? It's the landowner who is likely to respond (jump) to a LBA, the PPC is too thick-skinned.

damargil

Umkomaas wrote: »

Have you bottomed out who the landowner is yet? It's the landowner who is likely to respond (jump) to a LBA, the PPC is too thick-skinned.

Not yet, I am on it too. I contacted a newspaper on Facebook and they have given me a phone number for the council, I will ring them tomorrow.

The_Deep

I just feel that in many threads on here that the point you made above and that a 2nd case on EA grounds would be needed and that in a pure parking case either in court or at POPLA, then EA2010 would not be a winning point.


I agree. It would have to be brought on discrimination grounds. A disability charity might help, or a pressure group. A HR lawyer might take it on a contingency basis or pro bono. I am sure that it would shake the landowner rigid.

damargil

We have found the landowner, we have got a telephone number, should we try to talk to him or to find an address and send a formal letter?

Thanks

MothballsWallet

I'd go with a letter over a phone call every time: with a letter + free certificate of posting (COP) from the Post Office, you have a paper trail.

Not so much with a phone call as you have no record, unless you record the call but you need to get the other person's permission to do so and using it as evidence in a court case in the future (if things got that far) is down to the judge's discretion.

Can any of the other regulars see any flaws in my thinking here?

Umkomaas

Can any of the other regulars see any flaws in my thinking here?

Nope, provided the letter is worded politely, yet assertively, and doesn't either ramble on, or turn into a mini rant. It looks more businesslike and it will not be as easy a job pull off as a telephone fob-off.