Parking Charge Notice - significant memory problems

ClaireLR

Unfortunately I've just received this back from the EASS:

Thank you for contacting the Equality Advisory and Support Service (EASS) regarding your issue.

The EASS can provide you with advice and guidance on the Equality Act 2010 and the Human Rights Act 1998; however, if you require a legal opinion on the merits of your case, you would need to consult a lawyer.  For more information, please see our legal disclaimer.

I can see from your email that this must be a frustrating time for you given the circumstances. Your issue being that you have received a parking fine, you have appealed this but this has been refused.

I understand that you have a disability that you say effects your memory but it is unlikely that this would amount to discrimination under the Equality Act 2010. This is because for the Act to apply the treatment has to be less or unfavourable. Everyone, regardless of protected characteristic would have received a fine for staying over there parking ticket time, therefore the treatment would not be considered less or unfavourable.

I apologise that in this occasion I cannot assist you further with your issue but I wish you the best of luck going forward.



Unsure what my next step should be now, as I've already appealed and had this rejected.

I'm also sending emails to the landowner but not the parking company.

What should I do now please? 

Coupon-mad

Just ignore that.  I'm surprised that the EASS are so wrong with that 'opinion' but then again,  the person replying to you can't tell the difference between 'there' and 'their' and wrongly calls it a 'fine' so it's not something I'd take any notice of!

Our advice hadn't changed.  Please re-read it.

We didn't suggest EASS (even though I was expecting better from them). The CAB did and we advised you not to talk to the CAB.  So none if this rubbish changes anything.

This thread already tells you what to do.

fisherjim

That sounds like just an ill-judged opinion from an individual that thinks you received a "fine" you didn't and I hope you never termed it as such, and cannot even use the correct version of "their" in their reply to you.

As for:

"Everyone, regardless of protected characteristic would have received a fine for staying over there parking ticket time, therefore the treatment would not be considered less or unfavourable".

Even the BPA COP states the following:

16.1 The Equality Act 2010 says that providers of services to
the public must make ‘reasonable adjustments’ to remove
barriers which may discriminate against disabled people.

Disregard this unhelpful advice it's just ridiculous IMHO, they, along with the CAB and many solicitors it would seem have little or no knowledge of this unregulated scammers paradise or the blatant disregard for the law, or common sense in favour of greed!

UncleThomasCobley

Writer to your MP and complain about the poor and incorrect "advice" you have received from the EASS as highlighted by @Coupon-mad and @fisherjim above.

1505grandad

"I'm surprised that the EASS are so wrong with that 'opinion' ......"  -  I'm afraid I am not in the least bit surprised!!

Coupon-mad

1505grandad said:

"I'm surprised that the EASS are so wrong with that 'opinion' ......"  -  I'm afraid I am not in the least bit surprised!!

Terrible, innit!

They are meant to understand the law.
It's basic stuff that "treating everyone the same" with inflexible policies can (in some cases) result in significant detriment for disabled persons.

Pretty sure the Government's new CoP attempts to cover that.  It also attaches both the EA 2010 and the EHRC statutory Code for Service Providers re the EA, which we regulars all know includes the 'tours' example which demonstrates that the duty to make 'reasonable adjustments' includes time flexibility in cases where there was a fixed time limit that works against disabled persons.  And not just those with mobility impairment.

ClaireLR

Thank you all.
Should I be sending any emails to the parking company or just yo the landowner, as I've only been sending them to the landowner at present. 
Thanks again, I really appreciate all the input.