@asdaserviceteam Disabled Parking Overstay

[sean110869]

This is POPLA's decision http://static.consumeractiongroup.co.uk/forum/images/smilies/mad2.gif

 

I think I should just let it go to court and cite the Equality Act 2010 and reasonable adjustments but your advice and comments would be helpful

 

The Operator issued parking charge notice number .......

arising out of the presence at Asda, on 12 May 2015,

of a vehicle with registration mark .......

for exceeding the maximum permitted stay of 2 hours.

 

It is the Operator’s case that the Appellant parked their vehicle at the site

in excess of the maximum permitted stay of 2 hours

and this was a breach of the terms and conditions of parking as set out on signage at the site.

 

It is the Appellant’s case that they overstayed as they were shopping with their 16 year old brother

who is autistic and suffers from a muscular syndrome,

which makes it difficult for him to walk and he therefore requires regular breaks.

 

 

The Appellant states that the landowner has informed them that it is their policy

to cancel parking charge notices issued in circumstances such as these.

 

I note the Appellant’s submissions,

 

 

however, these amount to mitigation.

The Assessor is only able to decide an appeal by making findings of fact on the basis

of the evidence produced by the parties and applying relevant law.

 

 

As in the statutory schemes, the Assessor has no power to consider mitigating circumstances of any description.

This discretion rests solely with the Operator who issued the parking charge notice.

 

Having reviewed the evidence,

I am satisfied that the terms and conditions of parking were clear on a number of signs at the site

and would have been visible to the Appellant.

The signs made it clear that the site has a maximum permitted stay of 2 hours.

 

 

I find that the Appellant breached the terms and conditions of parking

by parking at the site in excess of 2 hours.

 

 

The onus is on the Appellant to ensure compliance with the terms and conditions of parking

as set out on signage at the site and on this occasion,

they did not do so.

 

Accordingly, this appeal must be refused.

[dpick]

Load of rubbish its disability discrimination not allowing a disabled person more time than an able-bodied person.

 

dpick

[obiter dictum]

I must agree

 

This is tantamount to direct discrimination of a protected characteristic

[armadillo71]

This relates to this thread I take it;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?447998-Disabled-Parking-Overstay

 

You did not follow the advice given then?

[ericsbrother]

The adjudicator may be correct in what they say about the limits of their powers but that does not mean the parking co is right as they have to make adjustments and they havent. the adjudicator says that the discretion is there to be made by the parking co and they have chosen not to. Again, this points to the parking co being in bother if they want to progress things or argue against any discretion under the EA so your next move is 10 do nothing and wait for them to try their luck at collecting the money or 20 fire off a statutory questionnaire to both Asda and the parking co demandingto see their equalities statements regaring parking for people with disabilities and what adjustments they have made to enable equal access to their facilities. In the event of the parking co not answering then should they want to use the courts to collect money they will find themselves haing to put their case to a judge who is qualified to deal with EA matters and a costs order to boot evne before they get their words across. There is a government agency that deals with such matters, they arent really much help but will give you the exact wording for a SQ and what to do next.