CST Law case - Judgement made

lurpdog101

also added to the above 

2. According to the British Parking Association Code of Practice 2012, Section 16.2:

“‘Reasonable adjustments’ to prevent discrimination are likely

to include larger ‘disabled’ parking spaces near to the entrance

or amenities for disabled people whose mobility is impaired. It

also could include lowered payment machines and other ways

to pay if payment is required: for example, paying by phone.

You and your staff also need to realise that some disabled

people may take a long time to get to the payment machine.

I would argue that in this particular car park, this is not the case as no reasonable adjustments have been made, there are no designated disabled spaces or mobility access areas. The signs are all at one level. As per the timings on the alleged PCNs in paragraph 10, it can be seen that there is no provision for disabled persons taking time to get to a payment machine, being able to get out of the car, when there are other cars parked next to one. Therefore these claims should be struck out on the clear basis of disability discrimination.

lurpdog101

also added

13. As seen in the attached photographs in Exhibit 1 of this document, some of the signs are purely in Welsh. For any non-Welsh speakers, which are plentiful in a holiday resort such as this, it is not acceptable. Welsh law does dictate bilingual signs, which is valid and correct, however, for anyone with mobility issues who has taken extra time to leave their vehicle to go close to read one of the signs, then finds it written in Welsh, will have to incur extra time to walk to another sign that is written in English, before then making their way back to the car. I declare these PCNs also be dismissed on this basis of disability discrimination.

lurpdog101

this is the sign in Welsh - every other sign in Welsh, then English etc

lurpdog101

LDast said:

lurpdog101 said:

I have also removed the section about the trading name, as I have reviewed their sign again and in very small print it does say Ocean Parking is a trading name of Anchor Security. Damn

Also the signs do state if charge not paid, then it will be passed to a Debt Recovery Agent where extra charges may occur.

Does the sign also state their company number and registered in England and Wales?

Yeah it does - right at the bottom, last entry on their tiny T&C part.

lurpdog101

here it is on sign

lurpdog101

Also - they denied appeal originally and have put this in their statement too...so I am adding this to fight also on disability discrimination

12. As per the above disability discrimination act, the Claimant refused to acknowledge a copy of the blue badge and disabilty within the appeal. They cited that no proof was provided. I say this claim should be struck out on the basis of disability discimination as it is demeaning and unlawful for a parking company to demand proof of a disability, in particular a burst urostomy bag.

LDast

lurpdog101 said:

here it is on sign

Doesn't say it on the signs in Welsh.

lurpdog101

LDast said:

lurpdog101 said:

here it is on sign

Doesn't say it on the signs in Welsh.

it does - just checked their WS and the Welsh does too - there are 2 different signs, one detailing the T&Cs where says and then the other with the details on charges etc - so again makes it harder for disabled person as 2 signs needed to be read!!

lurpdog101

the T&C sign and charges signs are not next to each other - these are also sporadically posted every other sign...one for charges, one for T&Cs, one in English, one in Welsh. So takes even more time for someone to read both.

lurpdog101

the fact they completely dismissed the disability side of things, when the BPA CoP states reasonable adjustments need to be made and there are none and they have stated clearly that there are none, by saying disabled have to folow same rules and my photos show how narrow the spaces are