Appeal dismissed by IAS

Snakes_Belly

They are not paying the rates, I checked. Whoever has the lease on the Travelodge are paying the rates. The land does not belong to Travelodge but to a Limited Partnership (some kind of investment company).


Whoever has the lease on this particular Travelodge are not the same as the company (Travelodge) that initially took out the contract with Excel. The contract with Excel was initially taken out with Travelodge when it was leased by Travelodge but it's a different set up now. More of a franchise which still retains the name. It may be worth my while getting information on the lease from Land Registry (there is some information on the lease).


Online there is particulars from Savills of the sale of the lease and it includes income from Excel. It's a set amount per annum.

Snakes_Belly

Thank you for your comments I will remove professionalism stuff and perhaps bring it into the WS.


I was intending to write a separate piece about the migraines to add to the WS with some illustration to show what an aura is like. A migraine is a neurological disorder of which a symptom can be a headache but the word is often used to describe a tension headache. What happens is the veins in the head expand and this causes different symptoms. After a migraine everything can seem very bright and some people have to go into a darkened room. After a migraine eyes will feel strained. Some years ago I went through a very bad spell and I was given permanent medication which helped a lot however occasionally I get a break through. It would be considered a disability because of how I am likely to be without medication.

Snakes_Belly

The options available to me were RingGo. Not actually mentioned on the signs as far as I can see and I did not have a mobile phone.


The other machine had no signage at all. Just the actual meter attached to a wall between two bins of the same colour. It is situated near the fire door and there are sometimes people standing outside having a cigarette break. I only knew that it was there after I went back after seeing Excel's plan. In the appeal to IAS Excel did not make issue of the other machine they took the view that I should have moved my car. There would have been little point in moving my car as by that time I would have missed the train and I had business to conduct that was time critical.

Snakes_Belly

Thank you both for your help. I will remove the professional stuff and perhaps mention some elements of this in the WS.

Coupon-mad

Snakes_Belly wrote: »

Thank you for your comments I will remove professionalism stuff and perhaps bring it into the WS.


I was intending to write a separate piece about the migraines to add to the WS with some illustration to show what an aura is like.

A migraine is a neurological disorder of which a symptom can be a headache but the word is often used to describe a tension headache. What happens is the veins in the head expand and this causes different symptoms.

After a migraine everything can seem very bright and some people have to go into a darkened room. After a migraine eyes will feel strained.

Some years ago I went through a very bad spell and I was given permanent medication which helped a lot however occasionally I get a break through. It would be considered a disability because of how I am likely to be without medication.

Your case sounds in that way, like Vine v Waltham Forest - Miss Vine was ill when she drove into the car park, and she won her case on appeal:

https://padi.zendesk.com/hc/en-us/articles/211744405-Vine-v-Waltham-Forest-London-Borough-Council-2000-

And yes, your sort of chronic migraine does meet the definition of disability in the Equality Act 2010, meaning that a service provider must make a reasonable adjustment to cater for people with protected characteristics whose condition causes them to take longer to go about daily life.

I say put a section into your defence about the fact the Defendant arrived with a migraine, took time to orientate himself (herself?) and read the minuscule parking terms near a machine, only to find it was broken. So, given the circumstances, it was reasonable to put a note on the dashboard, since the car park was not closed and yet there were no other machines visible. And the D did take steps to have a good look around to try to find one.

Then add in a short para about indirect discrimination and that the Claimant's suggestion that everyone can use a Smartphone to pay discriminates against the older members of society 'at large' and that a service provider has legal duties to make reasonable adjustments in this case for a driver suffering from sever migraine symptoms, who found themselves faced with a broken machine and no other possible/accessible method to make payment, yet who offered to pay the tariff in the note, and also in the appeal.

Snakes_Belly

Thank you CM.


This is not the actual sign below but similar. I could not read all that. I argued with Excel about RingGo and they were quite scathing. After all the arguing about it I don't think that it is on the main board.

https://imgur.com/a/rKuqKhd

Coupon-mad

Typical wordy Excel sign. They have not improved them in YEARS.

You've found & read Martin Cutt's 'dodgy signs' article for the Plain Language Commission?

https://irp-cdn.multiscreensite.com/aaf9e928/files/uploaded/DVLA-BPA-Cutts12June2012_v2_mf.pdf

Here's an overly long 2017 defence that mentioned that article to rubbish Excel signs. You should also use it in defence and the Plain Language Commission article as a piece of evidence later with your WS:

https://forums.moneysavingexpert.com/discussion/comment/72343576#Comment_72343576

Annoyingly, that poster never returned last year to tell us his outcome!

Snakes_Belly

Thank you CM. I am in the process of finalising my defence but posting it on the site is causing a problem which locks me out. So I will not post it again as it just requires some tweaking.

I am OK with sending I understand that I print off, scan in and then attach.

The image of Excel's sign is one that I took from another post but basically the same. It is interesting that it is a sign that relates to a Travelodge so Excel must have a blanket contract with Travelodge. There are issues here. The site where I was ticketed is not owned by Travelodge. They had a lease but the lease was sold to another undertaking/individual and it is now run on a franchise basis. Travelodge do not own the lease they are just letting their name be used along with marketing, advertising etc. for a fee or % of profits.

I suspect that the contract with Excel has not been updated to reflect the change in leaseholder.

nosferatu1001

Post a link to a dropbox location - you can do that as youve made enough posts - if you cant just post your defence here.

Snakes_Belly

Thank you


Will do. Still OK for time as MCOL was issued on 31/8/2018.