Will they go to court or not?

Coupon-mad

Just to throw in, when PE reply to the drop hands offer, they will almost certainly re-offer the £60 'offer' or similar, as I posted to you on pepipoo as SRM.

So, what she then does is she replies to them again, telling them that not only are the signs there so sparse as to be unfit for purpose, but their ANPR camera system is also unfit, because she meets the definition of disability due to the fact she is fighting cancer. This is regardless of Blue Badge or not (you are both considered protected disabled people by virtue of your medical conditions - 'protected characteristics' - Blue Badges or not). This is true from the moment of diagnosis.

As such, this means the issue of the PCN in the first place was conduct that was unlawful and discriminatory, whether the car had been moved and the driver was in the KFC, or not. To charge a consumer for the added time that MUST be offered as a 'reasonable adjustment' to the disabled population at large, is indirect discrimination.

And it is no excuse to answer to an accusation of INdirect discrimination, that a service provider says 'waaah, we didn't know this, you didn't tell us about your condition/wave a red flag in front of your car!'

If she is happy to do so, attach proof to the second email, about her diagnosis. This will help her later, as she's shown them.

PE will spout their usual crap ignoring the above and saying 'waaah, we didn't know, you didn't tell us' and they'll spout some old tosh that because of them not knowing, there was no discrimination.

They'll say that because they've got away with it in front of a Judge before, because not many people realise the difference between direct discrimination (when a condition is known) and INdirect discrimination: (i.e. completely different - this is PE's LEGAL duty to make anticipatory adjustments available to the disabled population at large, without knowing who is who, to offer them terms that make the location more accessible including extended time, which is entirely reasonable to expect).

You WILL get there in the end.

rizla01

Aha. so it was YOU? Lol. Bless you CM.
She will NOT use the sick card at all.

I think other sufferers will get this but she absolutely refuses anything is amiss. She even joined a WAMMA class and is doing really well but to admit an illness for her would be defeat and if she knew I'd mentioned it I would be sent to Coventry (why i deleted it lol)

Lets hope that the other facts are all thats needed but after all the time I have wasted on this I might just be inclined to pay the £40- £60 for her.(If my principles would permit that. )

Thanks CM YOU have been a tremendous help as too, have one or two others. x

And sadly although I have a chronic illness, I am NOT disabled - I.e.Nigh on impossible to get a blue badge round here even though I get breathless in a short distance.

Will get back to you when i hear - either here or via the other site.:)

rizla01

The BPA CoP V 6 section 18/3 Specific parking-terms signage. clearly states that parking notices must be easy to read and see.

So a set of signage 8 ft above ground would fail these conditions, right?




And this is what someone who is 6'4" can see standing below it.

[Deleted User]

Sure. But I prefer the argument that you had already left and were queueing (ie not parked) at KFC if you can run that.

You are where you are. I hope you do a good witness statement.

rizla01

Hi John.
I will be leading with the KFC (Non-car park) argument as you mentioned but thought that the inadequate signage and ALSO the improper signage (Where any is provided) would cast PE in a bad light and surely the more muck thrown in their direction the more likely the judge would discount any defence by them.

Is that not better than to rely on the one argument that the judge on the day may or may NOT accept as a valid argument?

[Deleted User]

By all means run more than one argument, I often do. My thought is that an argument that signs weren't seen may be tricky in that particular car park. You are the one that has been able to visit it, though. As such, only you can form a view on that.

rizla01

How long are PE likely to take in responding to an eMail roughly?
Sent over a week ago now. Should I repeat the send?

Coupon-mad

although I have a chronic illness, I am NOT disabled - I.e.Nigh on impossible to get a blue badge round here even though I get breathless in a short distance.

If it affects your daily life and is expected to last for (or recur over a period of) more than 12 months, then you are disabled. The question had nothing to do with Blue Badges, and everything to do with the definition of disability in law.

You could re-send the email, yes.

[Deleted User]

+1 coupon mad, the definition of disability is not defined by entitlement to a blue badge. Far from it. If you have a diagnosis for your ailment(s) that may be sufficient for your witness evidence.

Be that as it may, I note what you say.

Dont expect prompt replies to correspondence, they have shed loads of these cases and anything out of the ordinary (like a decent defence) may require senior supervision.

rizla01

Johnersh wrote: »

+1 coupon mad, the definition of disability is not defined by entitlement to a blue badge. Far from it. If you have a diagnosis for your ailment(s) that may be sufficient for your witness evidence.

Be that as it may, I note what you say.

Dont expect prompt replies to correspondence, they have shed loads of these cases and anything out of the ordinary (like a decent defence) may require senior supervision.

Thanks John. That does make sense - I shall wait till end of this week and send again if I have heard nothing.

Coupon-mad wrote: »

If it affects your daily life and is expected to last for (or recur over a period of) more than 12 months, then you are disabled. The question had nothing to do with Blue Badges, and everything to do with the definition of disability in law.

You could re-send the email, yes.

Thanks CM - Interesting stuff re my disability.
Yep, i AM disabled . - Its with me forever and as more holes appear in my lungs every year it just gradually worsens till it sees me out.

I would be interested to see how else my new found legal status might affect things.