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How do you make a determination of favour or disfavour under a statute?

The statute under examination is the disability discriminations Act, 2005.

Section of interest is Disability Discrimination Act 2005 Chapter 13, extract reprinted; Fuller extract at end of page.

“the need to take steps to take account of disabled persons' disabilities, even where that involves treating disabled persons more favourably than other persons;”

Two primary kinds of judgment exists,

1. Judgments of subsumption (where a judgment is made under a rule).

2. Judgments of comparison.

The second type is required.

The claimant's contravention took place on Tue, 25 Apr 2006. (60 seconds)

These two; comparisons, took place Tuesday 28^th March. (about 5 and 16 minutes)

The timings show there was no agenda in the driving the judgments of comparison, they occurred by natural causation and sequence. It so turned out that the cancellation of these two PCNs overlapped the claimant's representations in his own case. As he was making representations he observed that for others prepared to kneel and plea, they could go free, while those who stand up for a right, would be treated to their might.

Hence the claimant was observing the use of discretion, to favour two PCNs, for overstays of about 5 and 16 minutes respectively, against the claimant's own for a stopping of 60 seconds, where discretion was being used to dis-favour, not only for the comparisons of duration, between 60 seconds and 5-9 minutes, but also dis-favour one PCN in comparison with TWO pcns cancelled.

Other differences were the self abasing, and pleading manner of the two letters by the student, as opposed to a more challenging manner in the claimant's where a complaint was being made at the remarkably prejudicial treatment towards a person with a disability badge, and in expectation of at least indifferent treatment let alone prejudice that mounted increasingly in trivializing wholesale breaches of very many statutory offences while upholding one for trivia. The make of car also probably contributed, where make and model will feed their appetite for revenue.

All in all, discretion showing favour was as found in pardon towards an appellant prepared to kneel at the alter of penal power, and punishment towards someone who; despite being disabled, exercised their right of free speech, and prepared to pay for in full, in advance, and argue their case at PATAS.

Conclusion.

Discrimination AGAINST a disabled person; for one minute, and in FAVOUR of two pcns for a student; for total of about twenty minutes.

This return to the initial conditions of the claim, will show exactly how each of the issues of the claim, trivializing multiple offense breaches of statutes, was and remains corroborated, proved unambiguously, and incontrovertible so, while upholding one contravention for trivia.

You don't have to read the exhibits unless you mistrust the foregoing synopsis.

Representation 1.

Mr. N........ Mcdowall

.................

......................

Email :..............@hotmail.com

Camden PCN representation.

To whom it may concern please.

Re: PCN, CU01859​??? VRN OU04???

Dear Sir Madam,

I profoundly apologise for having committed this offence, which as you will see from the ticket I affixed to the windscreen and paid for in good faith.

It was an offence committed accidentally since in my local town there is considerably greater tolerance, and I firmly believed that I was parked properly in a bay designated for the purpose.

I am a student, on a day visit to London to meet fellow students and enjoy the city for the day, and as you can well understand, this penalty is literally going to disable me from eating for the week when it comes to paying the penalty.

Could I please beg you to consider leniency in this particular case, as for reasons I stated above, I parked and paid in good faith not particularly familiar with the city's signs, and thinking I was correctly parked. I would also add I was not causing any congestion. On returning to the car, I met the warden who said if I visit your offices, you might be kind enough to treat this as a genuine and honest mistake.

Please could you let me know as soon as possible, so that I can arrange to ask the bank, if I have to, for additional finance to meet the bill.

Yours with many humble apologies,

Mr. N........ Mcdowall

Student

Representation 1a.

Mr. N........ Mcdowall

.................

......................

Email :..............@hotmail.com

Camden PCN representation.

Camden Council PCN representation.

To whom it may concern please.

Re: PCN CU 01889??? VRN OU04???

Dear Sir Madam,

I very much regret that I have fallen foul of the parking regulations in London during my brief visit.

I had come to town on a December pre-booked event to see ??????? ????? with my fellow students on Monday at the Albert Hall. I incurred a pcn by parking in good faith, and paying for parking space, but being in a location not designated as a bay, but in good faith buying the ticket believing the contrary. (pcn cu 01859??? )

The evening was marred by the injury sustained on the PCN I can't afford from my student income, and while I had problems on seeking a petrol station between Camden and Hyde Park, I needed to walk to find a station to fill up, that took me into the early hours of Tuesday. I parked the car correctly and entered money for 3 hours at about 8.40 on Tuesday, and went to my friend's place to sleep. I awoke from exhaustion and ran to the car at 11.40 to move it and re-park, to find the warden just writing another ticket. He advised that I might be treated with leniency if I appeal to you, which I am now doing.

Please would you consider that at no time, did I attempt to either frustrate, evade or seek free parking for the car during these times, paying on both occasions the proper amount, but in one case being erroneously parked, and the other, just out of time by a minute or so. I beg you to please be lenient, and cancel the penalties, for which I shall be forever obliged, and have learned a very severe lesson; or else allow me some time to either address payment, or else I may have to sell the car to raise the money, as my bank balance is at the limit, staying so for a month until my next grant which is spoken for in paying rent and very little else.

Please would you either communicate your decision to me at the above address or email me, or else contact my friend A........ on 0207 ??? ???? who will support the truth of what I have stated here. He has the PCN's and paid for Parking tickets to show if needed, while you consider the severity of this punishment, and some leniency. It will not happen again, as I have gone back home to the above address, and am unlikely to re-visit London for a very very long time, if such a hopeful and enjoyable visit turns out to be such a complete disaster for which I shall have to pay for months and months ahead.

Please, please, could I therefore ask for you to consider this request with some sympathy and understanding for my position as a student, and my awful lapse in being unfamiliar with the conditions of parking in central London.

Yours with many humble apologies,

Mr. N...... Mcdowall

Student

Representation 2. 

 -----Original Message-----
From: A.............Winter [mailto:....................@btinternet.com]
Sent: 10 April 2006 00:07
To: CamdenDirect Information Centre
Subject: VERY URGENT PLEASE

..................... Winter

....................

.................

...................

Tel: 0207??? ????

To info@camden.gov.uk

VERY URGENT PLEASE

Mon, 10 Apr 2006 00:04:01

Ref: AW / 17071926

____________

Dear Sir./Madam,

I refer to the two enclosed representations that have a deadline for payment by Monday and Tuesday from the 10^th Inst.

The young student has left the PCN's with my son who delivered the letters by hand the next day.

It appears they have not received reply, and I have been asked to request from you that the date for payment at the £50 rate be reset to account for the time it may take for a reply to come from yourselves.

I understand my son will be prepared to stand in to breach the loss in part to help his fellow student, but I would suggest that in the absence of a reply, if the payment is not reset, then I may be asked to represent the PCN's at an adjudicator's hearing, since I feel it not their fault that a reply ought to be forthcoming in the 14 day period allowed. I would please ask you for Very urgent reply as these young people are completely at your mercy, and had hoped that some leniency would be forthcoming.

I hope and trust that we may look forward to resolving this without expense.

Yours faithfully,

A......... Winter.

Reply

Thank you for your enquiry.  I have forwarded your e-mail to the relevant department who will respond directly (please see the information below).

Public desk at Environment Local office, 100 St Pancras Way, London, NW1.

PO Box 20218
London
NW1 1WR

Tel: 020-7974 4646
Fax: 020-7974 4611/4610
Email:   parking.solutions@camden.gov.uk

Website(s):  - www.camden.gov.uk/parking


Open (visits):  Mon-Fri 08.00-18.00, Sat 08.30-14.00.
Open (telephone:  08.00-22.00 seven days a week.

Parking attendants employed by contractors to Camden Council Parking Solutions are empowered to enforce parking restrictions by issuing Penalty Charge Notices, authorising clamping/removal, and arranging for suspensions and dispensations. The contractors who enforce parking regulations for the London Borough of Camden are National Car Parks (NCP), 13-15 Guilford Street, WC1N 1DW Tel: 020-7974 8116, Fax: 020-7974 8115 who have covered the whole borough from Apr 1st 2005. Reports of illegal parking can be made to the company. Clamping and removal for the Borough is contracted to NCP at the Camden Car Pound, Regis Road, NW5 3EW Tel: 020-7974 4797.

Kind Regards

G........ Ekontang
Camden Direct Information
E-mail: info@camden.gov.uk

For Hires Click here.

The cancellation of the TWO pcns.

1. Disability Discrimination Act 2005 Chapter 13, “DDA”

   1. Breach of Discrimination by public authorities consistent with part 21B – 1. and

   2. contrary to 21C with all parts of the RTA above, as well as

   3. contrary to the Meaning of "discrimination" in section 21B and

   4. contrary to 21E Duties for purposes 1. -(b), 4. (c), (d), and

   5. contrary to Duties of public authorities "PART 5A, PUBLIC AUTHORITIES, 49A General duty parts -1. (a), (b), (c), (d), (e) with particular focus on

   6. -1. (d) reprinted “the need to take steps to take account of disabled persons' disabilities, even where that involves treating disabled persons more favourably than other persons;” where the claimant will show evidence of pretextual cancellations elsewhere to ordinary people, while wilfully targeting the claimant invidiously.

   7. A list of the claimant's disabilities, loss of weight and investigative procedures in the determination of causes is at Appendix B.