HELP please 2 solicitors'letters already

esmerobbo

ksh123 wrote: »

Thank you. How depressing I know no one needs this sort of cr** in their life but honestly, when you are battling with a difficult mental illness it is just hideous and makes me feel so ill. Should I go to CAB or soemone now, or wait and see how things pan out?

Unfortunately CAB are normally crap at private parking issues, but if you have health issues they may well be able to appeal again to the hospital to drop it.

ksh123

Thanks. Trouble is I can already feel myself retreating - which is my psych reaction to things that threaten me. Not sensible, but hard to control....

Stephen_Leak

Don't bother with the CAB. They just pass on the advice they received from the British Parking Association, the industry body. I'll give you three guesses what it was.

As with most things legal, it depends on the judge. It's our legal system's great strength but also weakness. And cases at this low level don't set a precedent. It's a lottery, but at least the odds are better and you can try to influence them.

Stephen_Leak

ksh123 wrote: »

Good grief! They really do know how to make money out of other people's pain don't they?

The hospital or solicitors or both?

give_them_FA

You are probably in a better position than most. As you actually have a blue badge, you could argue that your actions were necessitated by the failure of the hospital to supply sufficient disabled spaces. Your argument here would be greatly strengthened by the fact they seem to have tacitly conceded this point by creating more in the meantime. You could therefore suggest to Trethowans that your actions were prompted by their Client's failure to make proper provisions under the Equalities Act 2010, a failing they have since addressed following your representations.

Also, this sounds like one you could get the local press interested in if you want to go that way.

If you want to be cheeky you could also say that if the matter goes to Court you will counterclaim for damages under the Disabled Discrimination Act 1995/ Equalities Act 2010. This is not an empty threat by any means and it may make them think again about whether it would be a good idea to press this one. Attack is often the best way of defence; solicitors hate it when things get sticky and they might lose.

sarahg1969

Stephen_Leak wrote: »

The hospital or solicitors or both?

The hospital won't car. It's not their money, is it? :mad:

ksh123

give_them_FA wrote: »

You are probably in a better position than most. As you actually have a blue badge, you could argue that your actions were necessitated by the failure of the hospital to supply sufficient disabled spaces. Your argument here would be greatly strengthened by the fact they seem to have tacitly conceded this point by creating more in the meantime. You could therefore suggest to Trethowans that your actions were prompted by their Client's failure to make proper provisions under the Equalities Act 2010, a failing they have since addressed following your representations.

Also, this sounds like one you could get the local press interested in if you want to go that way.

If you want to be cheeky you could also say that if the matter goes to Court you will counterclaim for damages under the Disabled Discrimination Act 1995/ Equalities Act 2010. This is not an empty threat by any means and it may make them think again about whether it would be a good idea to press this one. Attack is often the best way of defence; solicitors hate it when things get sticky and they might lose.

Oooohhh that sounds very impressive - I'll try and get my brain in gear and follow your advice. I just wish this sort of thing didn't make me so fatigued.......

esmerobbo

Aintree do have plenty of disabled parking but its in the wrong bl00dy places, there is a few near the main entrance but the rest are in the multi storey car parks.

The local press are not interested I have sent them loads of stuff including the FOI requests I have made regarding the costs.

If it was me I would be saying see you in court, but if I read it right the OP has mental health problems so may not be able to deal with the stress, having had my own mental health problems in the past, I know how something that would not normally bother you, can put you in a blind panic.

HO87

Stephen_Leak wrote: »

Don't bother with the CAB. They just pass on the advice they received from the British Parking Association, the industry body. I'll give you three guesses what it was.

Just to clarify the BPA likes to describe itself as the "industry body" but the truth of it is that it is simply an old-fashioned trade protection society paid for by the same companies who issue the tickets. It is not independent in any way and does not have any legal duties of oversight though constant reference to its "code of practice" could be argued to imply that it does.

As an aside, quite how a business that unashamedly makes its money from arbitrarily charging people for breaching its terms and conditions can be termed an "industry" I have no idea? Perhaps my education was too detailed but I always believed that an industry processed raw materials to produce a finished product. At best the private parking business can be described as a modern-day version of tax-farming.

vax2002

The chances of court are probably less than 1% and you have a very valid defence that they failed to provide under the disability discrimination act