What if you don’t have a mobile phone to pay for your parking? They have no right to force everyone to have a mobile phone simply because they have decided to use the mobile phone technology as a method of charging for motorcycle parking. This is discrimination against those who don’t have a mobile phone. Discrimination is illegal in this country. Equal opportunities must be given to everyone, i.e. there must be a charging/paying method that is accessible by everyone. Westminster is not above the law or exempt from following the UK legislation.
Much as I agree with you, it’s your turn to start the test case.
While your there, pick up on the organisations that can only be contacted by email.
This is a different issue. Those organisations which can only be contacted by e-mail do not force you to contact them. They don’t provide a compulsory service. You are free to contact a competitor which offers a similar service and accepts to be contacted by post.
In the case of Westminster parking charges, you have no choice but park in their bays while in the borough and you must pay by mobile phone as they don’t offer you an alternative. There is no other council/office you can contact to pay for your parking using a method other than mobile phone.
I’m sure they’d accept a cheque or come to think of it a pound of flesh- as long as you get it to them before 1st September.
By looking into their website, they do offer 2 alternative ways of paying:- 1. By leaving a ticket issued by a pay machine on your motorbike. This is not a good one as a ticket can go away with the wind, be stolen by someone or get wet by the rain. 2. Parking cards for cars only (per the website) and even if they could be used by motorcyclists, the same difficulties as for tickets would apply. So based on the above, you are forced to use a single payment method which is by mobile phone and this is discrimination against those who don’t have one. We are going round in circles.
Ah… I forgot… you can’t use pay machines for motorbikes as the tickets they issue are based on the prices for car parking, not motorbike parking… SO, mobile phone is the only payment method motorcyclists can use to pay the correct fare.
I don’t think they thought this through properly.
I am not sure I understand this thread - all Westminster parking is pay be phone and has been for some time - it is not motorcycle specific.
Suggest you write to them. Might be worth a shot.
“I am not sure I understand this thread - all Westminster parking is pay be phone and has been for some time - it is not motorcycle specific.”
I tend to agree with guylondon. Just because Westminster use the mobile phone service for car and bike parking it does not axiomaticaly mean that it’s fair.
To make things clear: the point is that we (motorcyclists) only have ONE way of paying for motorcycle parking and that is by mobile phone. There is no other way of paying as the pay machines only allow you to pay car fares (which are a lot more expensive) and we cannot display the ticket issued by the machine on a bike (for obvious reasons such as theft, rain and wind). The parking cards (which are another way of paying for cars) are not applicable to us, again because they would make us pay the car parking fare and may be stolen, wet etc if left on a bike.
Car drivers have 3 ways of paying: by mobile phone, cash at a machine or parking cards. So Westminster council are not discriminating against those car drivers who do not have a mobile phone. Car drivers have 2 other ways of paying available to them. BUT motorcyclists only have ONE AND ONLY ONE way of paying for their parking and that is by mobile phone. Motorcyclists who have not got a mobile phone are therefore unable to pay for their parking and this is called discrimination against those who don’t have a mobile phone. Because they don’t have a mobile phone, they are automatically exposed to being fined and the law does not in any way force them to own a mobile phone. I am sure that if a motorcylist who doesn’t have a mobile phone (hence is unable to pay for their parking) receives a fine and takes Westminster council to court for discrimination against them will win the case.
Charging by discriminating against some motorcyclists who don’t own the technology required to pay for their parking due to the presence of only 1 payment method is illegal.
In most of Westminster now car drivers have no choice but to pay by mobile phone either - they have taken the ticket machines out
That’s my point - Westminster got rid of the machines well over a year ago they only do pay by phone now so why are bikes being discriminated against? Whether pay by phone discriminates against people with hearing or speech problems is a different matter, but that is true whether you are a biker or not.
And one can even argue that if they didn’t carry their mobile phone with them at the time they parked their bike in Westminster and received a fine for not paying had been subject to discrimination. This is because the law doesn’t require you to carry your mobile phone with you. So because there is only 1 payment method available to motorcyclists, one that forgets their mobile phone at home is unable to pay. And leaving your mobile phone at home while you are away from home is perfectly legal. If you are issued a fine because you left your mobile phone at home (or anywhere else) making you unable to pay, you can raise your case as having been discriminated against those who were able to pay because they had their mobile phone with them.
The key thing that Westminster must do in order to comply with the discrimination policy in force in this country is to find a payment method that is accessible to every single person (like for car drivers put coins in a machine… and this is acceptable because everyone needs money hence cash to live. You don’t need a mobile phone to live). I wish them good luck.
It is discrimination because the law doesn’t oblige you to have a mobile phone. The payment method available to us is to pay by mobile phone. So if you don’t have one, you are unable to pay and hence are exposed to a fine. The payment method clearly gives advantage to those who possess a mobile phone and disadvantages those who don’t. That’s where the discrimination is.Your point about the people with hearing or reading difficulties is also valid, as their difficulties prevent them from using a mobile phone. So they are disadvantaged, hence subject to discrimination.
The trouble is couldn’t you call from a landline and just give them your registration number- so you don’t need a mobile. You have to have registered with them in advance anyway so they have your details. I guess this is what car drivers who forget their mobiles do- rush to the nearest landline and call them… probably??
Good point but what landline would you use in the middle of the street? A pay phone maybe although there aren’t that many of these any more. The guidelines say that you should text to pay and you can’t do this from a landline anyway.
Think you can pay online if you register, especially for the year or weekly passes. But this does mean you have to know that you will park in westminster that day.
I agree with guylondon though, it is a bit crap not having an alternative, but then what can they do?
Its actually pretty nice now, there are quite a few people that have stoppde using the bays, so spaces are really easy to get in westminster…
Case law makes it clear that the law does not require you to drive or park in Westminster so the point about the law not requiring you to have a phone is mute. Indeed, case law makes it clear that by driving or being the owner of a vehicle you choose to comply with the various restrictions in force relating to vehicles and choose to surrender several rights as a consequence.
Well, no, not really. If you’ve not got your mobile with you and for some reason you can’t phone from a land line, don’t park. Simple as that.
In the old days, when you bought a ticket for a car, if you left your money at home you wouldn’t park would you?
It’s probably easier to find a phone to borrow than someone who’ll give you a bunch of cash.
Don’t get me wrong, I am against the parking charge, I just don’t agree that there’s any discrimination involved.
I cannot see any case to claim discrimination, but I agree that it is at least unfair if you do not have a mobile. What Westminster says:5. Isn’t Pay by Phone discriminatory against people who don’t own or use a mobile phone?
Pay and Display bays and machines are handily located throughout the city. You can also use one of our Westminster City Council Car Park where cash and card payments are also available.
We are in the process of investigating alternative options that will make it easier for customers who do not have a mobile phone and/or debit/credit card.
So presumably you park in one of their carparks instead of an on-street bay. The price is the same, just you probably won’t be only a few yards from your destination.
EDIT: direct link to carparks with m/c bays: http://www.westminster.gov.uk/transportandstreets/parking/wheretopark/vehicletype/motorcycle/carparks.cfm