Asda / Vars Technology - Equality Act 2010 breach

Agitated101

Hi Folks

I have searched the forum for advice and read numerous threads including the newbie thread, whilst these are extremely helpful, it can become a little overwhelming and confusing which advice applies to my specific situation so I decided to create a thread, not only to help me but also help others in similar situations.

 

What Happened

• While driving, I experienced acute fatigue and drowsiness caused by my health condition and prescribed medication and was forced to stop at a petrol station to avoid continuing while impaired. Due to my fatigued state I did not notice any signs & simply closed my eyes to rest. Nor did I think to look for any as I have never encountered any restrictions at a conventional petrol station before.

• I overstayed the 45-minute parking limit by only 12 minutes, solely due to my medical condition and the need to comply with Rule 91 of the Highway Code (do not drive when fatigued). Once the 10-minute grace period is applied, my overstay is just 2 minutes.

• I suffer from chronic insomnia, a long-term medical condition classed as a disability under the Equality Act 2010, Section 6. The hospital specialist is also investigating the possibility of obstructive sleep apnoea
• My condition affects me to such an extent that I was forced to resign from my job and I am currently unable to work.
• The journey was to help a friend whose transport arrangements had fallen through at the last minute. I do not normally undertake longer journeys currently but felt obliged to help as I did not want to let him down.
• Received PCN 8 days later from Vars Technology with photos from the ANPR cameras

 

Action Taken So Far

1. Initial Appeal to VARS Technology – I provided medical evidence of my condition and explained that the overstay was medically necessary. They rejected the appeal but offered the £20 reduced Penalty Fee instead. They claim to have complied with Annex F of the Private Parking Code of Practice by offering a reduced charge, however, this is not a substitute for considering whether the charge should be cancelled altogether on legitimate medical grounds and under the Equality Act 2010. The offer to reduce the charge does not mitigate the fact that my stop was necessitated by a medical condition that constitutes a disability under the Act, which places obligations on service providers to make reasonable adjustments. Also once I exercised my statutory right to appeal to POPLA, Vars immediately withdrew the reduced offer — which again could be argued as unfair and discriminatory

2. POPLA Appeal – I appealed to POPLA. However, this was a complete waste of time as POPLA’s policies do not allow appeals on the basis of “mitigating circumstances”, a policy that also unfairly excludes disability-related needs. They do not make this clear before you go through the time consuming process.

3. Complained to site owner - I have complained to the owner of the site (Asda) and they’ve informed me that they can cancel PCN’s from their other parking contractors but NOT Vars for some strange reason but do not explain why. This inconsistency further discriminates and leaves me without recourse that other customers may have.

4. Contacted EASS (Equality Advisory Support Service) – They confirmed that my condition would constitute a disability under section 6 of the Equality Act 2010 and provided a template letter based on Asda’s failure to make a reasonable adjustment. This was sent via their FB messenger service as this is the only means of contacting Asda customer support. Again they replied and said they can’t cancel PCN’s issued by this particular operator. I have also posted this template letter to the head office by signed for royal mail and am yet to receive a reply.

5. Vars formal complaint -  I also sent the same EASS letter to Vars and am yet to receive a reply.

6. Received debt collection letter – I question the legality of the wording of this as it contains the words bailiffs.  I understand private parking debt collectors cannot enforce judgments or seize goods. It’s designed to intimidate people in to paying up as it contains the statement regarding the decision by the SupremeCourt that it's lawful for parking operators to pursue 'correctly issued' unpaid parking charges through the County Court. It also includes an 'Advert style' banner at the bottom of the page bragging about the fact that this debt collection agency was featured on a TV show called 'Can't Pay We'll Take it Away'. (Company is DCBL which I understand is Vars own debt collection company which raises questions regarding a conflict of interest). 

7. Complained to local MP - Sympathetic but of no real use.

8. Completed Government Private Parking Code survey – a most enjoyable experience which helped disperse my rage;)

My research suggests the following sections of the Equality Act have been breached

1. Section 6 Equality Act 2010 – My condition constitutes a disability as it is a long-term impairment with a substantial adverse effect on normal activities.
2. Sections 20–21, Schedule 2 – Asda & it’s agent (VARS Technology) failed to make reasonable adjustments to your 45-minute limit (a “provision, criterion or practice”). A reasonable adjustment would have been to allow a short extension in circumstances of medical necessity.
3. Section 15 – Asda & it’s agent (VARS Technology) treated me unfavourably (issuing and pursuing the PCN) because of something arising as a consequence of my disability (needing to rest due to fatigue). This is not a proportionate means of achieving a legitimate aim, especially where my overstay was minimal and supported by medical evidence.
4. Section 19 – The rigid 45-minute cap is a provision that puts disabled motorists (who may need unplanned rest) at a particular disadvantage compared to non-disabled motorists. Applying it without adjustment amounts to indirect discrimination.
5. Section 29 – As a service provider, Asda is liable for discrimination in the provision of services. Section 109 extends liability to acts of its agents (VARS Technology).

I’m prepared to go to court and fight this out of principle as I am not the sort of person to cave into parasites like this.

I would appreciate any advice from any of the valuable experts here.

My main question is: Does the Equality Act 2010 overrule any implied contract when parking on private land?

Thanks in advance of your support

 

Gr1pr

I suspect that Asda are not the landowner,  because Asda contract with Parking Eye,  not VARS Technology 

Whilst I understand why the driver went onto private property,  I think that you need to wonder why the driver didn't stop on a public highway in a suitable space,  instead of using a petrol station 

Good luck 

James_Poisson

You won't get any sympathy from a PPC there's no profit in it.

VARS who tend to specialise on forecourt drive aways, are following their ATAs COP to the letter which is also in support of their quest for profit over fairness:

F.3 Appeals where the charge should be reduced to £20 for a period of
14 days

In considering appeals parking operators must recognise the below case types as
mitigating circumstances warranting a reduction in the amount of the parking charge to
£20 for 14 days, subject to appropriate evidence being provided. This reduction applies
only for the first parking charge issued to the vehicle for the specific contravention, where
payment is made within 14 days and where no independent appeal is lodged.

b) where the driver or a passenger in the vehicle suffers the onset of illness, is delayed by
an overrunning medical appointment, or as a result of delay resulting from childcare
arrangements;

I won't comment on your illness but your decision to take a chance if they punt this to court is yours of course.

Car1980

You need to think contract law. "Mitigating circumstances" isn't relevant to contract law (as you discovered with Popla) and is just a sap to try and get twenty quid out of you.

Google:
- frustration of contract
- doctrine of impossibility
- doctrine of impracticality

But you're correct that penalising you directly because of your disability is a breach of the EA. Careful though, as the argument that you shouldn't be driving at all may crop up as a defence on their part.

MothballsWallet

@Agitated101 - I'd also suggest waiting for @Coupon-mad's advice as she's very knowledgable on the Equality Act 2010.

Agitated101

Gr1pr Esso, who I wrote to initially, informed me that Asda are responsible for the full management of the site. The petrol station was the first safe place available to stop

Agitated101

@Car1980 the contract law info is interesting and helpful, I'll investigate that, thanks

Gr1pr

Esso tend to have fuel contracts with MFG , so Esso saying that it's ASDA proves nothing,  because its a petrol station forecourt,  so could be MFG overseen by VARS Technology 

Asda use Parking Eye,  as I mentioned earlier. I don't understand why you complained to Esso,  a petrol company 

Why was the actual petrol station used instead of the Asda car park ( or a public road  ?  , as a place of safety   )

Where is the location of this Asda and petrol station   ?

Coupon-mad

I’m prepared to go to court and fight this out of principle as I am not the sort of person to cave into parasites like this. I would appreciate any advice from any of the valuable experts here.

My main question is: Does the Equality Act 2010 overrule any implied contract when parking on private land?

100% yes. The Equality Act trumps cardboard signs & t&cs.

Let it go to court.

Tell them if you move house within 6 years.
I am so glad you did the Public Consultation!

I agree with everything you say except this because I am unaware of a connection?

"Company is DCBL which I understand is Vars own debt collection company which raises questions regarding a conflict of interest."

35har1old

Agitated101 said:

Hi Folks

I have searched the forum for advice and read numerous threads including the newbie thread, whilst these are extremely helpful, it can become a little overwhelming and confusing which advice applies to my specific situation so I decided to create a thread, not only to help me but also help others in similar situations.

 

What Happened

• While driving, I experienced acute fatigue and drowsiness caused by my health condition and prescribed medication and was forced to stop at a petrol station to avoid continuing while impaired. Due to my fatigued state I did not notice any signs & simply closed my eyes to rest. Nor did I think to look for any as I have never encountered any restrictions at a conventional petrol station before.

• I overstayed the 45-minute parking limit by only 12 minutes, solely due to my medical condition and the need to comply with Rule 91 of the Highway Code (do not drive when fatigued). Once the 10-minute grace period is applied, my overstay is just 2 minutes.

• I suffer from chronic insomnia, a long-term medical condition classed as a disability under the Equality Act 2010, Section 6. The hospital specialist is also investigating the possibility of obstructive sleep apnoea
• My condition affects me to such an extent that I was forced to resign from my job and I am currently unable to work.
• The journey was to help a friend whose transport arrangements had fallen through at the last minute. I do not normally undertake longer journeys currently but felt obliged to help as I did not want to let him down.
• Received PCN 8 days later from Vars Technology with photos from the ANPR cameras

 

Action Taken So Far

1. Initial Appeal to VARS Technology – I provided medical evidence of my condition and explained that the overstay was medically necessary. They rejected the appeal but offered the £20 reduced Penalty Fee instead. They claim to have complied with Annex F of the Private Parking Code of Practice by offering a reduced charge, however, this is not a substitute for considering whether the charge should be cancelled altogether on legitimate medical grounds and under the Equality Act 2010. The offer to reduce the charge does not mitigate the fact that my stop was necessitated by a medical condition that constitutes a disability under the Act, which places obligations on service providers to make reasonable adjustments. Also once I exercised my statutory right to appeal to POPLA, Vars immediately withdrew the reduced offer — which again could be argued as unfair and discriminatory

2. POPLA Appeal – I appealed to POPLA. However, this was a complete waste of time as POPLA’s policies do not allow appeals on the basis of “mitigating circumstances”, a policy that also unfairly excludes disability-related needs. They do not make this clear before you go through the time consuming process.

3. Complained to site owner - I have complained to the owner of the site (Asda) and they’ve informed me that they can cancel PCN’s from their other parking contractors but NOT Vars for some strange reason but do not explain why. This inconsistency further discriminates and leaves me without recourse that other customers may have.

4. Contacted EASS (Equality Advisory Support Service) – They confirmed that my condition would constitute a disability under section 6 of the Equality Act 2010 and provided a template letter based on Asda’s failure to make a reasonable adjustment. This was sent via their FB messenger service as this is the only means of contacting Asda customer support. Again they replied and said they can’t cancel PCN’s issued by this particular operator. I have also posted this template letter to the head office by signed for royal mail and am yet to receive a reply.

5. Vars formal complaint -  I also sent the same EASS letter to Vars and am yet to receive a reply.

6. Received debt collection letter – I question the legality of the wording of this as it contains the words bailiffs.  I understand private parking debt collectors cannot enforce judgments or seize goods. It’s designed to intimidate people in to paying up as it contains the statement regarding the decision by the SupremeCourt that it's lawful for parking operators to pursue 'correctly issued' unpaid parking charges through the County Court. It also includes an 'Advert style' banner at the bottom of the page bragging about the fact that this debt collection agency was featured on a TV show called 'Can't Pay We'll Take it Away'. (Company is DCBL which I understand is Vars own debt collection company which raises questions regarding a conflict of interest). 

7. Complained to local MP - Sympathetic but of no real use.

8. Completed Government Private Parking Code survey – a most enjoyable experience which helped disperse my rage;)

My research suggests the following sections of the Equality Act have been breached

1. Section 6 Equality Act 2010 – My condition constitutes a disability as it is a long-term impairment with a substantial adverse effect on normal activities.
2. Sections 20–21, Schedule 2 – Asda & it’s agent (VARS Technology) failed to make reasonable adjustments to your 45-minute limit (a “provision, criterion or practice”). A reasonable adjustment would have been to allow a short extension in circumstances of medical necessity.
3. Section 15 – Asda & it’s agent (VARS Technology) treated me unfavourably (issuing and pursuing the PCN) because of something arising as a consequence of my disability (needing to rest due to fatigue). This is not a proportionate means of achieving a legitimate aim, especially where my overstay was minimal and supported by medical evidence.
4. Section 19 – The rigid 45-minute cap is a provision that puts disabled motorists (who may need unplanned rest) at a particular disadvantage compared to non-disabled motorists. Applying it without adjustment amounts to indirect discrimination.
5. Section 29 – As a service provider, Asda is liable for discrimination in the provision of services. Section 109 extends liability to acts of its agents (VARS Technology).

I’m prepared to go to court and fight this out of principle as I am not the sort of person to cave into parasites like this.

I would appreciate any advice from any of the valuable experts here.

My main question is: Does the Equality Act 2010 overrule any implied contract when parking on private land?

Thanks in advance of your support

 

If you have reported you condition to the DVLA then I would take it to court

Coupon-mad

I get what you're saying but it is not relevant whether the OP has reported this to the DVLA. Even if they hadn't, a person with protected characteristics is entitled to more time if needed.

It's a legal right and can't be charged for.