JAS Stockport (again, sorry)

beadle99 · 4 June 2014 at 8:54PM

Hello very helpful folks

Exact same situation as the one at forums.moneysavingexpert.com/showthread.php?t=4851572 which I can't paste properly as I am new

Have also read the sticky ... tiny point of clarification if you don't mind? Should I ...
1) Wait for the first letter from the debt collector (to me, as RK) before sending the template appeal directly to JAS.
2) Send the appeal now - it sounds like this just avoids the debt letters but they don't bother me and I thought it might give away the fact that I know who the driver is.

Thanks millions.

Redx · 4 June 2014 at 9:15PM

follow the advice given in the other JAS threads, and also given in the NEWBIES sticky thread at the top of this forum, where it clearly states to send an RK appeal to JAS asap and NOT wait for the NTK because they do not send them out

follow this thread http://forums.moneysavingexpert.com/showthread.php?t=4917603

and this one too http://forums.moneysavingexpert.com/showthread.php?t=4868096

and all the others I linked to in those threads

Coupon-mad · 5 June 2014 at 1:19AM

2) Send the appeal now as the template does not give away who was driving and gets you a POPLA code quicker. MUCH less hassle. You'll win anyway.

beadle99 · 5 June 2014 at 11:29PM

Thanks everyone - letter ready to go.

The sticky says to add a point 4 ... is this OK?
4) The driver was shopping (receipt enclosed)

Any use to add 'driver is pregnant and had to go off site for a wee as B&M have no loo', or is that just whinging/waste of time?

Redx · 5 June 2014 at 11:47PM

do not admit to breaking any of their rules

but yes add point 4 if you wish

bazster · 6 June 2014 at 6:43AM

beadle99 wrote: »

Any use to add 'driver is pregnant and had to go off site for a wee as B&M have no loo', or is that just whinging/waste of time?

It's worth adding if you do so in the context of the Equality Act 2010 because pregnancy is a "protected characteristic" under the Act, meaning that the store is required to make "reasonable adjustments". Since they have no loo themselves I'd have thought that allowing the driver to go off-site would be a "reasonable adjustment".

But the best thing to do with a point like that is to send it to B&M's CEO, pointing out that you are being harassed by their agent as a result of their (B&M's) failure to make "reasonable adjustments" as required by the EA 2010 and consequently the driver is considering suing them (B&M) for compensation as a result of their discrimination.

simon.arora@bmstores.co.uk

Redx · 6 June 2014 at 9:32AM

totally agree, fight fire with fire , but as mentioned above threaten the landowner and JAS with an EA 2010 counter claim as they are jointly liable under that act

but as a separate issue and separate letter to both parties, popla do not consider these issues although a lot of people think they should do so under that EA 2010 law

the trick is to use the threat of action to get the charge cancelled by one or both parties and to educate the idiots at the same time, which may be just the parking warden who isnt trained correctly by his employers

beadle99 · 9 June 2014 at 8:12PM

You guys are amazing!! Wording of second letter is below - hopefully it might be of use to someone else in future. Any problems with this wording ... thank you so much!

Dear Mr Arora

Your Contract with JAS Parking Solutions Ltd

As the registered keeper, I have received a parking invoice from your agent above alleging the driver went off-site.
I consider their action in pursuing this invoice to be harassment. The driver of the vehicle made a purchase in your store at the time of the alleged incident and despite being pregnant was denied access to the staff toilet in the store.
Under the Equalities Act 2010 you are required to make reasonable adjustments for protected characteristics such as pregnancy. In this case either allowing access to the staff toilet or allowing the driver to leave site to use another public toilet would be a reasonable adjustment. The action of your store staff and parking agent together therefore constitute a breach of the Act. I request therefore that you intervene with your agent to have the invoice cancelled. If you do not do this I will vigorously pursue a counter-action against B&M Retail and their agent, JAS, alleging the breach outlined above.

Stroma · 9 June 2014 at 8:17PM

You need to concentrate on the failings of their contractor more, you are after all complaining about that, it just seems to be an after thought to be honest. Also it's the Equality Act 2010, make sure it's correctly referenced

beadle99 · 9 June 2014 at 8:34PM

Thanks - okay I've misunderstood bazster's post as it sounded like going after the store/agent in one ... I'll have a re-draft ... :huh:

Coupon-mad · 9 June 2014 at 10:41PM

Dear Mr xxxxx

As the registered keeper, I have received an unjust parking invoice from your agent above alleging the driver went 'off-site'. The driver of the vehicle was a genuine customer who made a purchase in your store and as she was pregnant she merely needed to use the toilet before she drove home and was not allowed to use the staff facilities in store. I understand the reasons for this from the point of view of a store manager, but it is wrong for a parking firm to charge a lady for a brief call of nature when she was heavily pregnant and had no option. As you can imagine I was shocked to receive the 'PCN' after this event.

Under the Equality Act 2010, service providers must not cause detriment to members of the public with protected characteristics such as pregnancy. The actions of your parking agent in charging a pregnant B&M Customer for daring to stop briefly for a toilet break seems to me to be wholly unfair and, arguably, constitutes a breach of the Act. I request therefore that you intervene with your agent to have this parking invoice cancelled. If the charge is not cancelled the driver reserves the right to claim against B&M Retail and their agent, JAS Parking, for harassment under the Act. I have appealed to JAS and await their response but in view of the circumstances I wish to alert you to the actions of your agent in the hope that you can request an immediate cancellation in line with your contract with JAS Parking.

JAS Stockport (again, sorry)

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