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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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A customer has complained to Croydon Council regarding right

Customer Question

A customer has complained to Croydon Council regarding right to access a building due to my car being parked and not being able to give access the building. We are a tutoring centre based in Croydon.
This is there complaint:
23rd September 2016
Parch Hill Academy
Challenge House
Mitcham Road
Croydon CR0
To the employees of Parch Hill Academy
FORMAL COMPLAINT
I am the wheelchair user who came to collect his daughter from Parch Hill Academy, based at Challenge House in Croydon on Wednesday, 21st September 2016. I could not gain access to the premises a few weeks ago for the introduction and complained bitterly to all Challenge House staff and to Parch Hill Academy staff who were in attendance. Wednesday, 21st September, I was denied access for the second time. I had to sit in the chilly evening air, breathing in car fumes of other parents, and other members of the public sat in their warm vehicles with their engines running. As a person with multiple medical conditions I am disgusted with the way I have been treated, especially by the driver of a silver Mercedes Benz car, licence plate number LG51ZXS, as the car, yet again, blocked the ramp that allows disabled people access in and out of Challenge House.
On that Wednesday afternoon, my wife dropped our daughter off at Challenge House and specifically, asked a member of staff (Danny, Operations Manager) of Parch Hill Academy, to allow access to the building via the ramp so I could get into the reception area and collect my eight year old daughter. My wife was given a telephone number and told that I should call Danny to inform him when I was leaving home, which would allow him time to get the driver of the silver Mercedes to move the vehicle. According to Danny the driver is named Oscar and is the Director of Parch Hill Academy and he repeatedly leaves his car parked blocking the disabled ramp to the building, even though he has been told on numerous occasions by Challenge House staff and others not to park there.
Approximately 18:10 hrs on the 21st I telephoned Parch Hill Academy, asking the lady on the telephone to contact Danny requesting access to Challenge House. She informed me that the message would be passed on to Danny and assured me that everything would be done to ensure my access. However, upon my arrival the same vehicle as in August was blocking access to the disabled ramp. I couldn't get past the offending vehicle, nor could I just leave my wheelchair and walk up the steps to the building. No-one came out of the building to talk to me and I was left in the cold for over thirty minutes in a state of anger and frustration concerning the situation. Eventually, my daughter came out of Challenge House but by then I was suffering because of my predicament directly caused by the driver of the silver Mercedes Benz blocking the disabled entrance and indirectly by the staff of Challenge House for not enforcing any policy concerning the right to access for all disabled people in the community.
My medical conditions are quite extensive and during the period I was sat in the car park I was suffering from acute pain and discomfort all over my body. Although I was wearing gloves that evening the cold still permeated into my hands, wrists and forearms making movement difficult due to the pain. I also suffered acute pain in my ankles, feet and toes, despite wearing shoes and socks. Sitting in one place for any length of time is usually difficult for me but sitting in a cold environment for over thirty minutes proved too much. I experienced nerve pain emanating from my spine into my hips, legs, neck, head and other areas of my body. My muscles ached because of lack of movement and the whole pain and discomfort lasted many hours in varying degrees. Furthermore, I have cognitive problems and extreme fatigue, often brought about by various levels of stress. The anger and frustration that I experienced that evening brought on a high level of fatigue later that evening, leading to higher levels of cognitive dysfunction and stress over the next day or so.
Unfortunately, being disabled means that many obstacles needs to be overcome, most of which are relative to ones condition. But the inconsiderate and deliberate behaviour of others, like the driver of the silver Mercedes Benz (licence plate number LG51ZXS) only serves to worsen ones condition, as I have pointed out above. One thoughtless action can and does impact upon the lives of the disabled in various ways. But for those people who repeatedly offend against the disabled there is no excuse to hide behind. 'Sorry' just doesn't cut it anymore. We are not stupid, we're simply disabled and deserve to be treated with some semblance of respect, not as third class citizens.
My wife and I have notified Parch Hill Academy that our daughter will not be attending their classes in the future. The fee for one child is £120 per month, £1,440 per year.
How would I be able to deal this?
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Are you entitled to park there?