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Equality descrimination

Hi
Thank you for all the info on the Newbie thread. I'm just writing my appeal to Britannia but wanted to ask something.
The driver was breastfeeding their child and changing a nappy at the time the ticket was issued (ticket states an overstay of 17 mins)
a) can this be used as an argument/reason? The driver was unaware of the time limit, as sign was across the carpark and no legible from the space they parked in
b) if so should it added to the appeal or the POPLA?

thank you

Comments

  • Fruitcake
    Fruitcake Posts: 59,467 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 March 2019 at 3:37PM
    It should make a difference but sadly it won't, at least not to the scammers or PoPLA.

    Concentrate on the initial template from the NEWBIRS and all the template appeal points that are relevant from post 3 of the NEWBIES.

    By all means include an EA 2010 breach regarding a breastfeeding mother, but don't expect it to get anywhere at this stage.

    Including it now though may help later if the PoPLA appeal fails and the scammers try court.

    Please complain to the landowner and also your MP about this unregulated scam. The NEWBIES has all the information you need about what our MPs think and have said about these cowboys.
    I married my cousin. I had to...
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  • Umkomaas
    Umkomaas Posts: 43,484 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You ratchet up the EA-related pressure on the landowner/retailer (or whoever's car park it is) by writing to them and requiring them to get their agent to drop the charges, on the back of making reasonable adjustment for a breastfeeding mother as enshrined in law within the Act. Additional time, beyond that available to the general motorist, would be such a 'reasonable adjustment'.

    I'd lay out the legal remedies available to to, by quoting those from the Act (which includes the possibility of a £500 claim against them).
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • Thank you for your replies. The driver has written to Waitrose about the ticket but they have replied to say they are unable to cancel the ticket and they should appeal to Britannia. Waitrose are closing the store in the next few months so I'm assuming they don't care!
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
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    Did you write to the CEO? I would point out how much you spend in Waitrose per year. John Lewis are not in such a good financial position that they can afford to be upsetting regular customers.
    You could also send a PM on their Facebook page.

    Nolite te bast--des carborundorum.
  • Umkomaas
    Umkomaas Posts: 43,484 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 15 March 2019 at 1:39PM
    Thank you for your replies. The driver has written to Waitrose about the ticket but they have replied to say they are unable to cancel the ticket and they should appeal to Britannia. Waitrose are closing the store in the next few months so I'm assuming they don't care!

    Issue them with a Letter Before Action for £500, quoting the relevant section of the EA 2010. It costs you nothing and there's no necessity for you to follow it through. But it may well be enough in its own right to get them quickly on the phone to Britannia.

    LETTER BEFORE ACTION TEMPLATE

    This might help too - perhaps send it before the LBA.

    EQUALITY ACT COMPLAINT
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Thank you for your replies. The driver has written to Waitrose about the ticket but they have replied to say they are unable to cancel the ticket and they should appeal to Britannia. Waitrose are closing the store in the next few months so I'm assuming they don't care!

    Is this a self-contained Waitrose store and car park or part of a larger retail centre? If the latter you may need to badger the centre management or managing agents.
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