PPC PCN Default judgement - paid CCJ - now want to sue them using discrimination laws...??

[Manxman in exile]

8 hours ago, Andyorch said:

 

Cant be done through MCOL...tribunal and normally employer> employee

 

But if somebody wanted to make a disability discrimination claim against somebody other than their employer (eg a shop or a public body - or a private parking company) is that still the same route?

[Manxman in exile]

On 06/05/2023 at 09:07, honeybee13 said:

I'm not clear what 'reasonable adjustment' you think they should have made.

 

HB

 

I'm not entirely sure what the OP is claiming has happened, but I presume it would be something along these lines.

 

1.  The OP suffers from diabetes

 

2.  Diabetes is recognised as a disability

 

3.  The OP was parked in a car park.

 

4.  The OP (I presume) suffered some sort of hypoglycemic episode while in the car park which temporarily incapacitated them to the extent that they overstayed and got a parking charge.  (OP - I don't think this is an example of "automatism" in law)

 

5.  The OP notified the PPC of her disability in the expectation that - as the overstay was a direct result of her disability and outside of her control - that the PPC would cancel the charge, or at least consider cancelling it, but they did not.  [Edit:  Thiswould have been the reasonable adjustment - cancelling the charge]

 

6.  The OP believes she has been directly discriminated against as a result of her disability.

 

Whether or not that argument would amount to a viable claim in law, I don't know, but I'm not necessarily sure it can be dismissed off-hand as "bunkum" either.

 

Of course, if such a claim did get off the ground, the PPC might possibly argue that cancelling the charge was not a "reasonable adjustment" in all the circumstances.

 

Assuming the OP did have a potential discrimination claim, I'm not sure that the fact(?) that the OP didn't follow the correct procedure in defending the parking claim would be relevant.  Any alleged discrimination by the PPC is a separate issue from the OP having judgment against her on the parking charge.

 

On 06/05/2023 at 12:43, Ethel Street said:

If you already have a barrister acting for you would be better off asking them these legal questions, rather than ask them here on a forum where no-one is a qualified lawyer.

 

Quite - although I'm not sure if the OP has actually retained counsel or is just putting forward some hypothetical "what ifs"

 

I think the other thing is that the question the OP is asking isn't a private parking issue.  It simply arose from a parking charge.

Edited May 6, 2023 by Manxman in exile