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Thread: disabled still not getting there rights judge was ignorant on european regs

  1. #1

    disabled still not getting there rights judge was ignorant on european regs

    Court Failed me

    I was not provided at Blackpool airport with assistance so I took it to court today these are details of my claim
    On the 4th November 2012 at Blackpool Airport as a result of the defendants failures to abide by the regulations, this caused the claimant to suffer unnecessary anxiety and distress in that the following regulations were not abided by.

    The claimant is a registered disabled person
    In December 2011 the claimant and his wife booked a flight through Jet2 from Blackpool to Alicante for 4-11-2012
    On booking the holiday, the claimant informed the airline Jet2 that he would require wheelchair assistance through the airport and assistance to board and disembark the aircraft.
    Jet2 took the details of his assistance needs and confirmed that they had done so
    Unfortunately, when the claimant arrived at the airport for his outward flight on the 04 November 2012 he encountered various difficulties in obtaining the assistance that he required.
    These being, that procedures were not adhered to, with regard to European regulations, (EC) 1107/2006. In that designated points were not staffed and no wheelchair assistance was available.
    Breach of
    Article 5 Designation of points of arrival and departure
    Article 7 the Right to assistance at airports

    Article 5 states the managing body of an airport duty to designate points of arrival and departure within the airport terminal building. People with reduced mobility should proceed to these areas to receive assistance.

    Blackpool Airport failed to provide wheelchair assistance for the claimant and as a result became dependant on Jet 2 ground staff who assisted the claimant to check in, lifting his luggage on to the conveyor and then taking him to the security gate.
    At security the claimant was left to fend for his self without any assistance from Blackpool airport staff after going through the security checks and leaving the security gate it was left to the claimants’ wife who suffers with her back to propel the wheelchair as no assistance was available.
    The claimant was aware that the defendant’s airport staff who handled disabled staff would have had to have disability awareness training before handling PRMs but felt although Jet2 staff were helpful, by the way they assisted the claimant, the claimant felt uncomfortable by some of the methods used by them.
    The only assistance provided by the managing body of the Blackpool airport was in moving the claimant on to the ambi lift which he feels was then not carried out correctly.

    Blackpool airport by their actions disregarded Article 7 of (EC) 1107/2006 ~ Right to assistance at airports
    Article 7 states
    When a disabled person or person with reduced mobility arrives at an airport for travel by air, the managing body of the airport shall be responsible for ensuring the provision of the assistance specified in Annex I in such a way that the person is able to take the flight for which he or she holds a reservation, provided that the notification of the person's particular needs for such assistance has been made to the air carrier or its agent or the tour operator concerned at least 48 hours before the published time of departure of the flight. This notification shall also cover a return flight, if the outward flight and the return flight have been contracted with the same air carrier.

    Attempts to resolve:

    The claimant has sent correspondence to Blackpool Airport complaining about the treatment that he received. But as been unable to resolve the matter

    Desired outcome:

    In order to resolve his complaint the claimant would like Blackpool Airport to do the following:

    1. Provide a written apology for the treatment that he received;
    2. Amend their practices in respect of providing assistance to disabled and PRM passengers;
    3. Have more vigorous checks in place to ensure that the needs of disabled passengers are categorised correctly;
    4. Provide compensation for the treatment received.

    The outcome was that the judge dismissed my claim all the way through the hearing I was trying to explain (EC) 1107/2006 to him but he was totally ignorant of the law
    The judge kept saying thing like well I never was aware of that, however he found for the airport, this despite being made aware there were staff shortages due to cost cutting
    As I left I let him know of my disaffection and told him he had done every European disabled person an injustice

  2. #2
    Account removed
    Sad to hear of this, but not at all surprised to be honest. We have been fighting our local bus service which has 30 buses and all thirty have a sign saying sorry no disability lift, broken out of service.

    We all know the drivers have refused to take responsibility for the lift or the disabled person, so they stuck the signs up, so if your disabled in a wheelchair the buses will not stop for you.

  3. #3
    Senior Member sea queen's Avatar
    Join Date
    Nov 2011
    We also have a void in our area for the lack of training of bus drivers and yes some have left my daughter and support worker at the bus stop saying they hadn't a ramp (when they had) others didn't know how to use the ramp whilst other wouldn't pull up close enough to the kerb once bus dropped - I averted an accident not so long ago.

    Daughter repeatedly phoned local bus company to complain.

    I think it needs taking up with local council for transport.

    Problem is here - as well as poor training the drivers are working to such a tight schedule that they get stressed and don't want to spend the time messing with ramps (some are manually put down)

    This is the only form of public transport where the driver or someone else working for the company do not take charge of a wheelchair user getting on/off and taking up their place.

    I have seen ONE driver who - put down the ramp and made sure the w/chair user was safely positioned in the provided space. he did the same when she wanted to get off by seeing her out of the space and off the bus.

    This is how I think it should be done as people already on the bus don't want to move their bags/feet and expect the w/chair user to be able to navigate around them - in a tight space this is not always possible.
    Sea Queen

  4. #4
    Senior Member beau's Avatar
    Join Date
    Nov 2010
    Tell me about it! The number of times I have fallen on and off buses in the same area is unbelievable. No use ringing and complaining, you need to write. I always send a copy to our area manager in Barnsley as well. It is DCC who deal with our transport but they don't do anything about it. Complain to our MP as well.
    I have almost always found the drivers in our area to be useless and unwilling. Too much trouble to push a button or pull up to the kerb correctly. They don't like me because I now stand there and will not even attempt to board until it is safe. Very rarely do you get one who will bend over backwards.

  5. #5
    Senior Member sea queen's Avatar
    Join Date
    Nov 2011
    Yes daughters had the same problem - when she phoned they knew her straight away by name as she was always calling them - one driver had a go at her after she had reported him - I told her to report him again for that!

    Must admit I have been toying with the idea of contacting the public transport dept for our area.

    Years ago daughter did a campaign for safe transportation of wheelchair users in taxis - it took awhile but eventually the transport section did something about it - mind you daughter wasn't very popular with some of the taxi drivers who had to then conform to the news regs.
    Sea Queen

  6. #6
    Account removed
    The problem is of course to get anything done now we have to do it our selves we cannot get legal aid bus companies know this and since they are mostly paid by the council nobody gives a toss.

    The best think the Labour party did was bring in the DRC it was so good I used it twice to get things down, that's why labour closed it down

  7. #7
    Senior Member
    Join Date
    Dec 2012
    Have given up on public transport completely!!!
    What lies behind us and what lies before us are tiny matters compared to what lies within us.

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