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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Is this legal?


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Hi, I just wondered if anyone had any idea if this is legal... it doesn't feel like.

 

I am disabled, I have a host of health problems including cerebellar ataxia, hypothyroidism, ezcema, asthma, diabetes, sleep apnoea... and so on. I walk but I need someone with me to help with my balance and I get very fatigued very easily.

 

I have a Merlin annual pass (london theme parks). For all of them I have always had an access/exit pass so that I don't have to queue. I never expected it, it was just how they helped their disabled customers to access rides.

 

In August I went to Legoland in Windsor and basically got screamed at by the girl at customer services because I am not entitled to an exit pass, it's only for autistic people who cannot understand the concept of queuing.

 

The options I have are to try and queue, sit at the exit while my carer queues or they will lend me a wheelchair for the day. I can't do the queuing, nothing more than 5-10 mins standing is any good for me. I can't sit at the exit while my carer queues because I faint fairly often (especially in nicer weather, sunlight really affects me) and it kind of eliminates my taking a carer if they're away from me for extended periods of time. That leaves me with the wheelchair option.... I will probably, eventually, be a wheelchair user full time. I have to live with that and enjoy every day that I'm not. I find the idea of going in a wheelchair humiliating. Its as though I have to wear a badge saying "I'm disabled". I appreciate that some people don't have the choice, and one day I will be one of them. But how can they insist that this is what I HAVE to do? Its also impractical as I have an irritable bladder and irritable bowel so dashes to the loo are frequent and I would need my carer with me, so we'd lose our place in the queue.

 

The last option is to pay for a "Q-Bot" system (which basically electronically queues for you and lets you know 5 mins before your place in the queue is at the front) but it works out at around £70 for the day, which is a huge amount of money.

 

I feel as though they're holding me hostage - it's either my dignity or my cash I have to hand over.

 

I have complained several times, only to be met with the same answer - it's money or wheelchair. Neither of which make the park accessable to me.

 

Can I do anything? :|

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Are they complying with the disability discrimination act (DDA) 1995.... Doesn't sound like.

I remember reading an article where Dame Tanni Grey Thompson had to crawl off the train on to the platform as it was late at night (she was returning from Westminster I think where she had been undertaking her duties as disability champion) and no staff were available to help her.... It's disgusting isn't it

You say you've complained... But have you actually written to the Managing Director or Chief Executive of the company?

Gbarbm

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Here are the Chief Executive Officers contact details ;

 

Mr Nick Varney CEO

Merlin Entertainments Group Ltd.

Corporate Headquarters

3 Market Close

Poole, Dorset BH15 1NQ

 

United Kingdom

 

Phone: 44 1202 666 900

Fax: 44 1202 661 303

Gbarbm

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Thanks, I'll try writing a letter. When I've mentioned all of this to the customer service staff they tell me that the policy has been checked by several disability agencies and deemed a good one. I find that hard to believe because of the fact that it makes me feel so uncomfortable that I won't visit the park... and surely that's wrong?

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Well, I'd say it's not the intent of the company but the impact it has on you. When you write to the CEO tell them how uncomfortable and demeaning you have found the treatment of you.

Gbarbm

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It's only legal if it's justified. I can't see how they can justify it.

 

I've heard this before - a lady took her deafblind son to a theme park and was told they couldn't use the exit for queuing - because he's not disabled. She even took evidence in the form of a DLA letter (I think - either that or it was his card from social services stating he's registered as deafblind) and that was ignored.

 

All I've found on the Legoland Windsor website is:

 

LEGOLAND Windsor’s exit pass policy has been designed to assist Guests’ who do not understand the concept of queuing, have difficulties with everyday social interaction, have a limited capacity to follow instruction or to understand others emotional feelings or expressions, and may become agitated or distressed having to wait for periods of time. The scheme is in place to assist families to enjoy their day in the maximum way and to relieve pressure on the family. For specific disabilities this policy applies to, please enquire at Guest Services or send an email in advance to [email protected].

 

Source - http://www.legoland.co.uk/GWD-Container/Exit-Pass-Policy/

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Nystagmite - that is the whole policy, it seems. Only people who have autism or similar are given an exit pass. The only thing they offer someone with a physical disability is the "complementary" wheelchair.

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That makes no sense. If (using the example I posted) you're sensory impaired, what use is a wheelchair?

 

When I've mentioned all of this to the customer service staff they tell me that the policy has been checked by several disability agencies and deemed a good one.

 

I'm curious as to which charities now. Can't imagine that they've contacted many related to physical disabilities.

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Their justification is that they offer a wheelchair, they let you bring a carer in for free (I have a disabled annual pass which lets a carer in free to all attractions) and some of their rides have some seats at some points in the queue...

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I wonder if a sensory disability would be covered under the description... but I suspect not.

 

Its also very strange because if you compare it to other Merlin attractions such as Sea Life and Chessington, they have a very disability-friendly attitude (they also don't offer a pay-for-shorter-queues service).

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In August I went to Legoland in Windsor and basically got screamed at by the girl at customer services because I am not entitled to an exit pass, it's only for autistic people who cannot understand the concept of queuing.

 

This is tosh, she appears to be spouting opinion on a certain disability, with no facts to back it up.

 

What’s to say autistics don’t understand the concept of queuing? Not only is that patronising, but autism is not a one size fits all condition.

 

Some (not all) autistics are absolute sticklers for rules, it’s a classical symptom, and I know of people who would quite happily queue for hours, because it’s a ‘rule’!

 

Put a nice big fat complaint in.

 

Good luck!

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I was thinking the same thing about autism. I have a friend whose son is autistic and rules are set in stone for him. It was not only the girl at the booth who mentioned autism but also the lady I spoke to on the phone. So clearly this is part of their training. They're very righteous about the whole thing, which I find strange, as I am a disabled person who is telling them how I feel, yet they argue with me because they think they're "right".

 

I have spoken to other disabled people about this today and two of the four mentioned that they just won't go there. One had been before and had a similar experience, and the other had called and asked about the policy and had decided that the policy made it off limits to her disabled daughter. I will try to encourage them to write in also but if they decide not to, it feels good to know that I am not alone in finding this policy to exclude me.

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I wouldn't go there either.

 

There's a high chance I'm Autistic and do understand the concept of queueing. Given that it's a spectrum disorder, (therefore, what I experience isn't the same as the Autistics I know) I'm surprised they can have rules like this.

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Have you enquired about an evaluation for austism? Or is it something you would rather not persue?

 

I wouldn't like to go back but my daughter would love to. She knows about the annual pass and also knows that it's "Mummy's Illnesses" that stop us going.

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I'm in the middle of getting a diagnosis.

 

I would be tempted (if you can) to find which disability agencies they spoke to - my guess would be only a few related to learning / mental disabilities and very few / none related to physical disabilities.

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  • 1 month later...

The legoland policy sounds awesome for families like mine with autistic children! Unfortunately I can't deem it fair if it favours 1 disability over another which it clearly does reading that statement! As for the complimentary wheelchair well, aren't these policies supposed to promote equality and independance? I can't see how giving someone a wheelchair and making them rely on someone to push them around promotes either! I can see the point where if you have a wheelchair bound disability it may not be an issue if you need to wait but no one should be forced into a wheelchair where the company claims to disability friendly!

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Jippity, how did you get on with your complaint?

 

The only thing I would add to the above is the DDA was mentioned which of course has now been surpassed and taken over by the Equality Act 2010 so it's that that you would need to base your complaint on.

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