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  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 15 September 2022 at 5:48PM
    Mumtomany said:
    the response said that they could not expect an anticipatory duty in this circumstance. 
    Whyever not? Was that from POPLA or the PPC?

    Avoiding INdirect discrimination (against the disabled population at large, as opposed to known individuals) is an anticipatory duty, under the law.
    We do not believe that we have contravened the Equality Act and do not believe that we discriminate against those who our protected by this Act. The Act defines discrimination at Paragraph 13 as:
    “A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.” 
    At the time the Parking Charge Notice was issued we could not have reasonably been expected to know of your circumstances and we cannot be said to have treated you unfairly at the point we issued the Parking Charge. Please note, following this appeal denial response, we will cease to respond to all further unfounded allegations of our having discriminated against yourself.

    This was from the PPC.

    I think they are wrong.

    Para 13 of the Equality Act defines Direct Discrimination, not discrimination in general.

    I am surprised they left out that word 'Direct' from their explanation because the title, in bold, of that paragraph is Direct Discrimination.

    There is another paragraph that defines Indirect Discrimination - para 19 of the Discrimination Act.

    When you reply, I am sure they will respond because this is not an 'unfounded allegation'.
  • Trainerman
    Trainerman Posts: 1,329 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    I think that is what you would expect from a PPC. Do not forget that their whole stock in trade is to convince you that they know the law ( even when they stretch thinks more than a bit), and that you had better pay up quickly.

    I believe that , as usual, they deliberately evade the point, and in this case talk about not being reasonably expected to know of your circumstances, rather than address the real point in that they should have  cancelled the ticket once they had been informed of the special needs.

    To continue to pursue is unlawful, and I would expect a Judge to back you, not them, if it ever gets that far
    The pen is mightier than the sword ..... and I have many pens.
  • Coupon-mad
    Coupon-mad Posts: 152,222 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 15 September 2022 at 6:03PM
    I'd reply pointing the above out and stating that your point is far from unfounded, but perhaps they just need an ickle wickle bit of help to read the right part of the EA because it isn't section 13.

    Tell them to read up on their anticipatory duty to avoid INdirect discrimination against the disabled population 'at large' as per Section 19.

    They should also read and adapt their policies to comply with the Services, Public functions and Associations: Statutory Code of Practice, issued by the Equality and Human Rights Commission (EHRC).  Breach of that code is an offence because in itself, it creates statutory duties.

    Finish by saying if they are still confused about how wide-reaching the protections are in the EA, you recommend they seek legal advice because harassing a disabled service user is an offence in itself under the EA, s26:
    https://www.legislation.gov.uk/ukpga/2010/15/section/26


    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
  • thank you everyone   In the response to Gladstones should I go into detail around my child’s condition? I haven’t this far in the appeal, just stated that I overstayed because of the extra care required at the time. 
  • Coupon-mad
    Coupon-mad Posts: 152,222 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes, it is better to be seen to narrow all areas of dispute to try to avoid court.
    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
  • Respond by saying:


    Dear Sirs,

    I refer to your dismissive template email which continues to demand an excessively inflated sum and utterly fails to even deal with the core disability discrimination dispute.

    I remind you of the overriding objective at this stage, to stock-take and review our respective positions, following the Practice Direction by exchanging information to see if proceedings can be avoided and to - at least - narrow the issues.

    Your continued demands for extortionate money without properly (or at all) dealing with the indisputable protection of the Equality Act 2010 which covered the driver (as carer for a disabled passenger) from day one, is deplorable.


    Thank you.  Have done so and will keep you posted.
  • Mumtomany
    Mumtomany Posts: 21 Forumite
    Fourth Anniversary 10 Posts Name Dropper Combo Breaker
    @Coupon-mad
    have received this response today, what would you advise my next steps are please?

    Thank you for your email your content has been noted and we apologise for the late response.

     Our clients position has been outlined clearly and the balance remains at £170.00.

     Please make paymentby 29th March 2023 falling which we may be instructed to commence legal proceedings without further notice.

  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 22 March 2023 at 12:43PM
    Is that their "substantive" response?  :o

    I seriously hope that you follow all the advice from @Coupon-mad and we see a counter-claim should they be so stupid as to actually issue a Claim.
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