Smart parking fine for 2 disabled children

lia254

Half_way said:

Where is this site?

 is it the bowling alleys site, or a site with other retailers

odds on the car park has ANPR ( automatic number plate recognition) cameras on a pole that give people 10 minutes or so before logging the vehicle as an overstay and issuing a parking charge notice.

These systems make no provision or any other adjustments for those with disabilities, the landowner will be jointly liable for the actions of its agents

Site with other retailers.  Complained to bowling alley but suspect they will do naff all.  Yes I have a hunch you're correct - ten minutes sounds about right.  That's why I'm upset - if I'd taken a chance to save a few quid, fair enough, but this is just plain discrimination.  

Half_way

where is it?

Grizebeck

lia254 said:

Fruitcake said:

lia254 said:

Fruitcake said:

Plan A is always a complaint to the landowner and your MP. In your complaint, you should point out that the landowner and their unregulated parking agent failed to make reasonable adjustments (allowing extra time) for two disabled passengers.
This is a breach of the Equality Act 2010, and a criminal offence.

Yes given how disgusting this is I think I might.  Thank you!

Given how disgusting this is, your "I might" should be replaced with "I will" in my opinion.

If it happened to me, I would be enraged. I have been complaining to the government and the unregulated parking industry for years to get them to comply with the law, the EA 2010, but the government don't seem to understand, and the parking companies just want to continue ripping off disabled motorists or disabled passengers because it makes them money.

You are right.  I will write to my MP and I really appreciate your advice.  I am enraged.  I submitted the appeal on POPLA today - felt a bit strange writing a one liner in the comments section.  I'll let you all know if that works.

Thank you for everything you do to advocate equality for all.  Were the appeal to fail, I would sooner go to court than pay them a penny - but for many people, vulnerable or otherwise, it is an extremely stressful process for them.

Of course it will work, if you did "what happened on the day" you would lose

Fruitcake

lia254 said:

Fruitcake said:

lia254 said:

Fruitcake said:

Plan A is always a complaint to the landowner and your MP. In your complaint, you should point out that the landowner and their unregulated parking agent failed to make reasonable adjustments (allowing extra time) for two disabled passengers.
This is a breach of the Equality Act 2010, and a criminal offence.

Yes given how disgusting this is I think I might.  Thank you!

Given how disgusting this is, your "I might" should be replaced with "I will" in my opinion.

If it happened to me, I would be enraged. I have been complaining to the government and the unregulated parking industry for years to get them to comply with the law, the EA 2010, but the government don't seem to understand, and the parking companies just want to continue ripping off disabled motorists or disabled passengers because it makes them money.

You are right.  I will write to my MP and I really appreciate your advice.  I am enraged.  I submitted the appeal on POPLA today - felt a bit strange writing a one liner in the comments section.  I'll let you all know if that works.

Thank you for everything you do to advocate equality for all.  Were the appeal to fail, I would sooner go to court than pay them a penny - but for many people, vulnerable or otherwise, it is an extremely stressful process for them.

The appeal shouldn't fail, but the decision is not binding on the motorist so there is no requirement to pay even if you lose.
Smart don't do court as far as I am aware.
I would love to see a court case defence based on a breach of the EA 2010, but the unregulated parking industry would not want this anywhere near a judge.

Do complain to the landowner and your MP, even if you win at PoPLA. It will keep happening until landowners understand the consequences of their actions. I find this site useful for the latter,

WriteToThem - Email your Councillor, MP, MSP, MS, MLA or London Assembly Member for free

Do point out that failing to make reasonable adjustments for disabled persons with protected characteristics is a breach of the EA 2010, and a criminal offence, and that the landowner is jointly liable for the crimonal actions of their agents.
Do point out that ANPR scameras are not fit for purpose, which is why the UK Government prohibits their use in council and local authority car parks. They cannot possibly tell if a vehicle has a disability and needs extra time, and are therefore unfit for use in private car parks as well, but unregulated private parking companies love them because their flaws generate income, and are much cheaper than foot patrols.

Grizebeck

hey @Fruitcake £100 it will win 

lia254

Appeal withdrawn today - parking charge cancelled.  You guys are legends.  Waiting on MP.   If I had few thousand quid spare I would sue them anyway.  No wonder the country is skint with this level of corruption!

Coupon-mad

lia254 said:

Appeal withdrawn today - parking charge cancelled.  You guys are legends.  Waiting on MP.   If I had few thousand quid spare I would sue them anyway.  No wonder the country is skint with this level of corruption!

Well said and well done.

Easy when you know how!

Belenus

lia254 said:

Appeal withdrawn today - parking charge cancelled.  You guys are legends.  Waiting on MP.   If I had few thousand quid spare I would sue them anyway.  No wonder the country is skint with this level of corruption!

Well done. That is good news for you and also for me as I am currently awaiting a response from Smart and I plan to use that one liner with POPLA if Smart reject my appeal.