Advice req over PCN, Court Papers

Coupon-mad

spacey2012 wrote: »

Fill them in defend all the case.
then file a counter claim for £5000 Compensation damages for harassment and failure to make adjustments under theDisability Discrimination act and equalities act:
That due to not making correct provisions for your disabled passenger The Landowner and parking company have failed in statutory duty to make reasonable adjustments for the disabled person travelling (medical details and statement provided) That by thus seeking to charge financial damages and unlawful penalties to the Disabled Person and they carer they have brought harassment upon both parties (details attached)
That the case filed by parking company is also defended upon the basis that they have no right of Audiance to bring trespass tort claims upon land they do not own and in any event these damages claims are an unlawful penalty charge and not a pre-requisite estimation of damages suffered by either party.
That the parking company acting as agents to the landowner are attempting to enforce road traffic regulations with respect to Blue parking badges that have no effect upon private land, therefore no penalty can be payable,
I request the court here my defence and consider my counter claim for failure to make amendments for my passenger under the stated acts and subsequent harrasment in their demand for monies and illicit contractual penalties.


Send it back and watch them drop the case like a hot brick.

That is right, it is a disability law breach because of the unjustified harassment of a person who was legally allowed to use the disabled bay provided.

Worth a try but just to say that the law to cite is the Equality Act 2010, not the 'Disability Discrimination act' (no longer exists as it's within the new legislation now) and nor is it the 'equalities act'.

Half_way

outah, devere a.well known name.

Don't forget to make sure that the car park owner shopping centre is aware should you take out three action above, send the information to them and the local press and media.

peter_the_piper

Lets hope the OP comes back to read the above advice, they are not on pepipoo yet.

tobeloy

Thankyou all for your replies and suggestions, I will post pictures of the docs later when I finish work I can tell you that they are from Northampton county Court and was going to call them on Monday to check if this is genuine and not a photocopy doc to try to scare a response.

In my haste posting yesterday I didn't mention that it was actually a work vehicle ie taxi when this occurred so not sure if that makes any difference.

The ticket was not appealed as from looking at other threads on here the best course of action seemed to ignore.

The case looks like its being heard in Northampton looking at the docs but that's just glancing at them, the papers do have a stamp on the right hand side of them and they do look like they have been filled out officially but this could be a ploy.

The passenger was aware of the ticket and offered to pay the fine but this was refused and am trying to not have them involved as I don't want to cause them any unnecessary worry.

I will be online later and will be able to answer any further questions,I will also post on the other suggested website later, thanks massively for all your advice

rizla_king

tobeloy wrote: »

The case looks like its being heard in Northampton

Only if you sit on your hands, ignore it and let it go to a default judgment.

If you defend the claim, then the case will automatically be moved to your 'local' court.

Post on pepipoo as advised ASAP. Please don't ignore that piece of advice. The people there can give you the best chance of defeating this.

BASFORDLAD

Indeed Northampton is just the default/admin court until you file defence/ allocation questionaire etc

muckybutt

This could well open up a whole new problem for the ppc's if a case is made under the Equality Act

Stroma

Maybe a way to deal with Devere is always use the sham appeal and insist on popla if its turned down, I think you'll find that they won't want to pay the fee and will drop it more often.

muckybutt

Stroma wrote: »

Maybe a way to deal with Devere is always use the sham appeal and insist on popla if its turned down, I think you'll find that they won't want to pay the fee and will drop it more often.

Already gone past the appeal process as its now lodged with the county court ! Let it go all the way and make fools out of them.

peter_the_piper

Did it go to popla? Can't see that it did. Can it go to court directly without popla when they are on AOS?


just noticed no dates so above question may be moot.