More advice please

nigelbb

It's your decision & many would be relieved just to get the money back so good for you to sticking to your guns. If the stores & landowners get hit with more compensation claims for the actions of their agents they would start to think twice about engaging such unethical crooked companies in the first place.

Coupon-mad

blossom1948 wrote: »

The Landowner was sent a LBA at the same time and they actually responded and I quote "Thank you for your letter of xxApril. I note its contents and have passed it to XXXXX for them to respond".

So yes, I would like to put together a letter to the Landowner enclosing a copy of the PPC's response and point out to them (the Landowner) that the company they have contracted to look after their car park does not understand the law regarding the Equalities Act specific to a disabled person and secondly they do not even understand the POPLA appeals regulations either as they should have given me a POPLA reference when it was requested after they denied my appeal.

If I refer them to the penultimate paragraph of my LBA which was originally sent to them re accepting a smaller out of court settlement, do you think that would suffice??

Yes that sounds reasonable, and cite the Act as 'the Equality Act 2010' (not the Equalities Act) and state that their parking agent's interpretation of the law is wrong and leaves all parties open to legal action. The Act covers people with 'protected characteristics' (a term from the Act) not just people with a Blue Badge or particular mobility issues - and their signage cannot circumvent disability legislation.

Failure to make 'reasonable adjustments', and/or harassment of someone with a legitimate disability need, are both breaches of the law. The parking agent 'knew or should have known' about the disability {from the disabled tax disc? Or did the staff member see you, I can't recall?} and so are responsible for this disability law breach, the remedy for which is paid damages, not just a curt misinformed letter and paltry offer of a refund of the money you were at first intimidated into paying before you took advice on this matter.

At the end - as a brief summary/conclusion pointing the way forward to what you require them to do about it - clearly re-state the amount you are prepared to accept and give them a time and date to respond. In the case of the poster who got compensation, they gave the landowner and managing agent for the retail park about a week in the end and stated 'If this matter is not settled to my satisfaction by noon on xx/xx/13 I will proceed with a small claim without further notice. The parties named in the claim will be xxxxxx, xxxxxx and xxxxxxx as jointly and severally liable for harassment and denying me unfettered use of the 'reasonable adjustment' (parking bay provision) to which I was entitled under the Equality Act 2010.

Also head the whole letter up 'Final Warning Before Court Claim - Do Not Pass This Notice to the Parking Company'.

blossom1948

Thank you so much Coupon, and all other's, for your input.

I'll put a letter togethr and send it tomorrow 1st class signed for to the Landowners and see what happens!

Will keep you posted as to the outcome.

blossom1948

How does this look?

date 2013


FINAL WARNING BEFORE COURT CLAIM


Landowner name & address






Dear Sir or Madam,

XX Parking Notice Issue No: XX
Reason for Issue: In a disabled bay without valid badge displayed
Vehicle Registration No: XXXXX
Location: XXXXXX
Date: XXXX

Further to my Letter Before Action dated the xxx 2013 addressed to yourselves and PPC, I enclose a copy of the response received from them dated XX .

This Company, whom you have contracted to oversee parking at the XXXX, does not appear to understand the law regarding the Equality Act 2010. Their interpretation of the law is wrong – points 1 & 2 in their letter - and leaves all parties open to legal action. The Act covers people with “protected characteristics” not just people with a Blue Badge or particular mobility issues and their signage cannot circumvent disability legislation.

Failure to make “reasonable adjustments”, and/or harassment of someone with a legitimate disability need is both breaches of the law. PPC knew about my disability when I sent them a scanned copy of my Council Issued Disabled Parking Card (Blue Badge) when I first appealed this charge and, therefore, are responsible for this disability law breach, the remedy for which is paid damages, not just a curt misinformed letter and paltry offer of a “refund” of the money I was at first intimidated into paying before I took advice on this matter.

Point 4 of their letter completely contradicts their Parking Notice Charge Issue. There is nothing on the Payments section (part 2) to say “it is not necessary or requested whilst the charge was in appeal and on hold”. Neither does the Representation Part 10 – in fact this states, and I quote “If you wish to appeal against this parking notice charge, please state your case within 7 days from the date of issue. If your appeal is successful, any money paid will be refunded in full. Please allow 28 days for a reply.

Furthermore, PPC do not appear to understand the POPLA appeals regulations – point 5 in their letter – and I quote from the POPLA:-
“On receipt of your representations, the operator must:
Consider any representations received within the time allowed for representations;
Acknowledge or reply to the representations within 14 days of receiving it;
Decide whether to accept or reject the representations;
Within 35 days of receiving the representations, accept or reject it and inform the maker.
If they have accepted the representations or failed to respond within 35 days, cancel the notice to keeper (where the parking charge notice was served at the scene) or the parking charge notice (where this was served by post) and refund any sums paid.” Unquote.

To summarise, as per my Letter before Action dated xxx 2013, I am claiming the sum of:-

1. the original payment made to PPC in the sum of £60
2. Statutory Interest of 8.5% on £60 from the xxx 2013
3. Correspondence, copying, postage, mileage time to date of 15 hours @ £12.50 per hour totaling £187.50

4. Monetary damages for stress, intimidation & harassment of a disabled person in a sum to be determined

5. Court Fees of £60.00

I will, however, accept a smaller Out of Court settlement in the sum of £250 providing I receive a written apology and payment of the said amount within 7 days from the date of receipt of this letter which is being posted 1st Class Signed For on xxxx 2013.

If this matter is not settled to my satisfaction by midday on xxxxx 2013 (7 days later), I will proceed with a small claim without further notice. The parties named in the claim with be Landowner name and address and PPC name and address as jointly and severally liable for harassment and denying me unfettered use of the “reasonable adjustment” (parking bay provision) to which I was entitled under the Equality Act 2010.

Yours faithfully,

Half_way

Unless youve had a change in personal circumstances, i would chang ehte "I was" to " I am "

From this

liable for harassment and denying me unfettered use of the “reasonable adjustment” (parking bay provision) to which I was entitled under the Equality Act 2010.

to this

"liable for harassment and denying me unfettered use of the “reasonable adjustment” (parking bay provision)
to which I am entitled to use and must be provided for under the Equality Act 2010.

Coupon-mad

Just made a few suggestions in red (have temporarily changed your red sentences to bold instead so as not to confuse!):

blossom1948 wrote: »

How does this look?

date 2013

FINAL WARNING BEFORE COURT CLAIM


Landowner name & address

and

PPC name and address



Dear Sir or Madam,

XX Parking Notice Issue No: XX
Reason for Issue: In a disabled bay without valid badge displayed
Vehicle Registration No: XXXXX
Location: XXXXXX
Date: XXXX

Take formal notice: this signed-for letter is a final warning for the purpose of satisfying the Small Claims Track pre-Court protocol. Both parties have already acknowledged receipt of my Letter Before Action dated the xxx 2013 addressed to yourselves and PPC and this now sets out my final position before making a legal claim against you for damages.

I enclose a copy of the response received from PPC dated XX .

PPC does not appear to understand the law regarding the Equality Act 2010. Their interpretation of the law is wrong – points 1 & 2 in their letter - and leaves all parties open to legal action. The Act covers people with “protected characteristics” not just people with a Blue Badge or particular mobility issues - and their signage cannot circumvent disability legislation.

Failure to make “reasonable adjustments”, and/or harassment of someone with a legitimate disability need, are both breaches of the law.

PPC knew about my disability when I sent them a scanned copy of my Council Issued Disabled Parking Card (Blue Badge) when I first appealed this charge. PPC are your agents, therefore both parties are responsible for this disability law breach, the remedy for which is paid damages, not just a curt misinformed letter and paltry offer of a “refund” of the money I was at first intimidated into paying before I took advice on this matter.

Point 4 of their letter completely contradicts their Parking Charge Notice, where there is nothing on the Payments section (part 2) to say “it is not necessary or requested whilst the charge was in appeal and on hold”. Neither does the Representation (Part 10) – in fact this states, and I quote “If you wish to appeal against this parking notice charge, please state your case within 7 days from the date of issue. If your appeal is successful, any money paid will be refunded in full.'' [STRIKE]Please allow 28 days for a reply. [/STRIKE]

Furthermore, PPC do not appear to understand the POPLA appeals regulations – point 5 in their letter – and I quote from the POPLA rules:-
“On receipt of your representations, the operator must:
Consider any representations received within the time allowed for representations;
Acknowledge or reply to the representations within 14 days of receiving it;
Decide whether to accept or reject the representations;
Within 35 days of receiving the representations, accept or reject it and inform the maker.
If they have accepted the representations or failed to respond within 35 days, cancel the notice to keeper (where the parking charge notice was served at the scene) or the parking charge notice (where this was served by post) and refund any sums paid.” [STRIKE]Unquote.[/STRIKE]

To summarise, as per my Letter before Action dated xxx 2013, I am claiming the sum of:-

1. the original payment made to PPC in the sum of £60
2. Statutory Interest of 8% [STRIKE]on £60[/STRIKE] from the xxx 2013
3. Correspondence, copying, postage, mileage time to date of 15 hours @ £12.50 per hour totaling £187.50
4. Monetary damages for stress, intimidation & harassment of a disabled person in a sum to be determined in the particulars of claim, or by such amount considered appropriate by the judge.
5. Court Fees of £60.00

I will, however, accept in full and final settlement, a smaller Out of Court settlement in the sum of £250 providing I receive a written apology and payment of the said amount within 7 days from the date of receipt of this letter which is being posted 1st Class Signed For on xxxx 2013.

If this matter is not settled to my satisfaction by midday on xxxxx 2013 (7 days later), I will proceed with a small claim without further notice. The parties named in the claim with be Landowner name and address and PPC name and address as jointly and severally liable for harassment and denying me unfettered use of the “reasonable adjustment” (parking bay provision) to which I am entitled under the Equality Act 2010.

Yours faithfully,

And the last thing I'd say is if you print these tomorrow and post them Recorded Delivery, then make sure the date in the final paragraph is Friday week of course. Send one to each party, it's self-explanatory why the PPC is getting a copy...

If you don't post it tomorrow then I would actually hold onto it and NOT post it out on a Friday - since you want to know it's been signed for on a weekday when a Manager should be in. So if you are a bit delayed then post it on Monday and make the date in the final paragraph, the Tuesday week.

blossom1948

Thank you so much, again, Coupon.

Will amend as advised and post on Monday.

Had problems with computer connection yesterday, so unable to post here.

blossom1948

Hello all,
Final letters posted signed for 1st class on Monday 22nd April to the PPC and Landowner.

Received a letter from the Landowner dated 25 April saying "Dear xxxx, re: xxxxx - PCC Parking Notice. Thank you for your letter of 22nd April. I note its contents and have passed it to PPC for them to respond"

The deadline "out of court settlement" date of 29th April has gone and no response from the PCC, so it's more help please putting together a small claim.

I might be guessing or completely off track, but my instinct tells me that the PCC is waiting for a small claim to land on their desk before they do anything.

Advice would be much appreciated as to what I put into my small claim. I have most of the details from the letters sent, but how do I put this on the claim? and more importantly, will I win it??

Apologies for not coming back sooner but hospital/gp appointments this week plus just soaking up some much deserved sunshine:)

Coupon-mad

I would suggest that the best posters to help you would be on pepipoo as I have never prepared an actual Small Claim.

Start a new topic after registering here, and explain you've started out on MSE and had some advice already from Coupon-mad (aka SchoolRunMum):

http://forums.pepipoo.com/index.php?showforum=60

Maybe 'wageslave' can help, or another poster may offer advice. I think you need to lodge a claim naming both parties - and might be best not using MoneyClaimOnline since it has restricted space. You need a form from your local County Court so ring the Court up or call in for a nice chat with a hopefully-helpful Court clerk next week if pepipoo can't offer much help.

blossom1948

Many thanks Coupon - will put a post on Pepipoo tomorrow if time permits.

For info, I have received a letter from the PPC (you know the one that begins with U and ends with S and there office is in a car park somewhere) the letter is dated 2nd May 2013 and says "Thank you for your appeal regarding the above parking notice charge. We have already outlined our position regarding this matter in which we stated in our letter to you that the parking charge will stand. We are therefore not prepared to enter into a repeat appeal process any any further comment you make will be noted and held on file. Regards Appeals Department"

and this is in response to my Final Notice Letter Before Action!!

Does spur me on though!

Once again, many thanks one and all. Onwards and upwards as they say.