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  • http://forums.moneysavingexpert.com/showpost.php?p=74076010&postcount=19


    That's a sample letter about harassment/DPA breach. You need to add in reference to the EA breaches, their obligations to make allowances for a disabled driver under both the EA and their own CoP, and the contractual defence. And also add about the disgraceful untruths and threats told/made by their own attendant, for whose actions they are vicariously liable.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • ellaro
    ellaro Posts: 26 Forumite
    WOW many thanks for this, Im almost hoping they do do court.
  • ellaro
    ellaro Posts: 26 Forumite
    Ive been talking to Helen Dolphin and everything that has been said about her is true!
  • Ralph-y
    Ralph-y Posts: 4,701 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    sad :mad:

    Ralph:cool:
  • Coupon-mad
    Coupon-mad Posts: 152,071 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ellaro wrote: »
    Ive been talking to Helen Dolphin and everything that has been said about her is true!

    She should be deeply ashamed, IMHO.

    We have NEVER heard her criticise a private parking scam merchant, ever.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • ellaro
    ellaro Posts: 26 Forumite
    edited 29 March 2018 at 7:35AM
    She seemed all for them to me, describing not leaving a blue badge as "abuse which causes more abuse".
    Neither did she understand what LOADSOF CHILDERN said about how contracts work, she couldnt understand why I went to look at the sign.
    I told her that the booklet that accompanied my badge states that they dont apply on private land.
    She said blue badges do apply on private land if the contract says they do, so I asked her that until Id read the contract how could I be expected to know that.
    She went on to say "I think you would have a job explaining that you didnt realise you needed to display a badge in a disabled bay but I dont know all the facts in your case"
    I told her that the bays are there to comply with the Equalities act and that you can qualify as disabled under that act and not have a blue badge, then she said the Equalities Act was a different argument.
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 March 2018 at 9:32AM
    Further information concerning the blue badge scheme can be found here: -

    http://researchbriefings.files.parliament.uk/documents/SN01360/SN01360.pdf

    This is a House of Commons library note, generally referred to as a "white paper" I believe. It quite clearly states on the front page,

    "The blue badge scheme does not apply to off-street car parks, whether local authority- or privately-owned."

    and further down the document,

    "The scheme does not apply on private land; this includes the road systems at some airports, such as London Heathrow"

    "Off-street parking

    The blue badge scheme does not apply to off-street car parks whether local authority or privately owned. However, the Equality Act 2010 does require parking operators on private land to make reasonable provision for disabled people."

    There's more,

    "The position is more complicated in the case of private car parks or privately operated car parks for instance those at supermarkets as the disabled parking spaces are generally not designated by Order and therefore no offence is committed by non-disabled people parking in these spaces."
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • The arguments you gave Helen about private land, not knowing that the contract offered free parking to blue badge holders (normally they require full payment in private car parks, in council ones it's a reduced fee, or at least it is where I live), were all sound. You've tried her. Now move on and focus on the PPC.


    When you send that letter, deal with their claims about Helen setting out exactly what you said to her about the contract and having to go and find a sign. And say that she is clearly not impartial because of her involvement with the IPC and the fact that she has a private parking company herself.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The arguments you gave Helen about private land, not knowing that the contract offered free parking to blue badge holders (normally they require full payment in private car parks, in council ones it's a reduced fee, or at least it is where I live), were all sound. You've tried her. Now move on and focus on the PPC.


    When you send that letter, deal with their claims about Helen setting out exactly what you said to her about the contract and having to go and find a sign. And say that she is clearly not impartial because of her involvement with the IPC and the fact that she has a private parking company herself.

    ... and that she should be ashamed of herself.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • ellaro
    ellaro Posts: 26 Forumite
    Ive been reading up on Ms Dolphin, my gosh, she really should be ashamed of herself!
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