HELP please 2 solicitors'letters already

vax2002

Another good point will be that if they did try court you could transfer it away from Liverpool to your own court.
Often a bit of "back rubbing" goes on in Local Law society circles, so you should be well outside that and the case defended on the charge constitutes and unlawful penalty.
Also work on the basis that they push the odd stooge case through and post up fake accounts, like admitting it in court but not paying so they can use it as a stick to frighten folk.

Stephen_Leak

These "stooge" cases are one reason why it's actually a good thing that county courts don't set legal precedents.

ripped_off_driver

Having read the OP's account I think that the chances of a claim being issued here is remote and the chances of the Hospital winning remoter. We are told that the bay was beside a series of disabled bays and the OP had a blue badge. The bay parked in did not have signage that it was an ambulance bay or anything to denote that parking was reserved solely to ambulances. I think that would be the minimum necessary for the Hospital to win any case. The OP can argue that given the adjoining bays and lack of signage they had a reasonable view that blue badge parking was allowed.

Coupon-mad

TBH I would actually write to the Head of the Hospital Trust (not Trethowans) now and state the wording mentioned by GiveThemFA:

''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 and the fact that the signage was not clear at all. 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...that your actions were prompted by the...failure to make proper provisions under the Equality Act 2010, a failing they have since addressed following your representations.''

I think I would finish by asking the hospital to explain their stance in pursuing a penalty in this instance (deliberately use the word penalty...phishing for a similar reply!!).

I would keep a copy and be ready to follow it through if need be.

At the very least you can show a judge if need be, that your actions were reasonable, supported by the Equality Act 2010 and indeed the Hospital has conceded the point and made a reasonable adjustment. Therefore for them to still be pursuing this charge is wholly unreasonable in your case and can only mean it is a penalty = unlawful.

And if they do try Court, pleeeease get the flippin' case moved anywhere except Liverpool County Court. You live in Liverpool? So, STILL get it moved, 'as you are staying elsewhere or the driver or your carer lives elsewhere'; any reason at all but get the case moved to another town suitable for you. You are allowed to, as the defendant.

Trethowans and the Liverpool County Court is generally seen to be not a good mix for some. The judge on occasions there does not get it that this is just a scam penalty - the 'Davey Weir' (pepipoo username) case lost there was one such example of an ill-prepared defendant and a shocking judge.

Finally, there have been lots of FOI requests about this scam at Aintree, here is just one interesting one:

http://www.whatdotheyknow.com/request/car_parking_enforcement

'' Amount of money paid by Aintree NHS trust to Trethowans solicitors to
pursue unpaid car parking charges over the last two years:

2010-11 - £53,093.65

2011-12 - £63,479.83 to date'' (7 November 2011, so only seven months' worth...!!!)

ABSOLUTELY SHOCKING.




Do not ignore a private parking ticket - from 2013 onwards things changed in England/Wales. If yours is Parking Eye then they are suing people and so are some other PPCs.

You must appeal and with current forum advice, you will win at popla - we win 100% of appeals in 2014.

Please click to page one of the forum, get off this old thread. See my signature below for where to click to read current advice. Please read the NEWBIES thread at the top of this very forum.

Did I say STOP reading this ancient thread, NOW??!!

esmerobbo

Although "Davey Weir" lost the UKCPS one in Liverpool he did win the Aintree one there! However the last one in Liverpool was a strange decision by the judge.

I think a well reasoned letter to the hospital may be worth a punt.

give_them_FA

Agreed. I think the OP states he lives 60 miles from Liverpool so should fall into a different County Court area anyway. And the local press may be more receptive where he lives, too!

I cannot see anyone from the other side wanting to take on such an abysmal case and potential PR disaster for the Trust by pursuing this; but if they do, a good counterclaim may leave them seriously in deficit.

ksh123

Than k you all so much for your interesting and helpful replies. I'm afraid yesterday I became overwhelmed and did a runner.

I have taken on board all your comments and am now going to try and compose the letters as you have suggested - one to the CEO of the hospital trust and a slightly different one to Trethowans (better known perhaps as money grabbing wotsits).
I do find all this terribly hard and because of my health my preferred action is always to stick my head in a bucket and stay there. I couldn't even do any PPI claims and they are all now out of date. Its so frustrating.
But anyway, I'm going to give this one a go and will get on to the letters RIGHT NOW lol trying to ignore my frienemy - prevarication.
Thanks again everyone. xx

Coupon-mad

Do not ignore a private parking ticket - from 2013 onwards things changed in England/Wales. If yours is Parking Eye then they are suing people and so are some other PPCs.

You must appeal and with current forum advice, you will win at popla - we win 100% of appeals in 2014.

Please click to page one of the forum, get off this old thread. See my signature below for where to click to read current advice. Please read the NEWBIES thread at the top of this very forum.

Did I say STOP reading this ancient thread, NOW??!!

ksh123

Phew, done them! My brain hurts but I am quite proud. Couldn't have done it without you all, thanks.
Just have to wait and see now.

vax2002

All writing will do is help them confirm you are an easy target.