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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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I am disabled and have recently purchased a motorised mobility

Resolved Question:

I am disabled and have recently purchased a motorised mobility scooter, which I have stored just off the driveway at my property.
I am a first floor flat with a garage to the rear with no access other than to walk around a whole block of properties to reach it - this would take considerable time.

I have been advised this (by another leaseholder/ Director of management committee) morning that I must move the scooter, by the end of the day 18/6/14, or else he will move it.

Is he discriminating under Chapter 50 part III (premises) of the DDA 1995?

Please answer soon, or I'm not sure what I will do.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

In what way do you feel you are being discriminated against please?
Customer: replied 3 years ago.

Neighbour has asked that I remove my motorised mobility scooter from the driveway, it is not causing any issues with access for anyone else. I have a garage which is not accessible to me, it is at lease a 20/30 minute walk with my disability, it would be less for a more able bodied person.

 

Is he discriminating against me in the way he permits me to use the facilities 22 3 (a) (b) DDA 1995?

 

I need resolution by the end of 18/6/14 please - this is an urgent matter. He advises that if this scooter is not moved by the end of the day he will move it.

Expert:  Jo C. replied 3 years ago.
In my opinion he is discriminating against you under that section of the act.

Discrimination happens when one person, in this case disabled, is treated differently than another person.

In your particular case, they would not treat an able-bodied person in the same way because an able-bodied person would not have a disability scooter.

That makes it discrimination.

I would tell them that if they insist on moving this you will immediately called the police to report the theft of the item however it is not actually theft because they are simply removing it and their action does not fall under the definition of theft which is the appropriation of property, belonging to another with the attention of permanently depriving.

Nonetheless, I would still reported to the police because the police will have to follow it up.

The following day I would see a solicitor with a view to making an application to court for an emergency injunction, and solicitors and court costs, to have the mobility scooter returned and replaced.

The whole matter would then be referred back to the court for a future hearing to decide whether this is a breach of the act or not.

Can I clarify anything for you?

Jo
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