UKCPS claim form recieved

Umkomaas

The fact that you were breast feeding a baby will bring you within scope of the Equality Act 2010, and landowners (and their rabid PPCs) have to make adjustments.

Coupon-mad is THE expert on all matters Equality Act and will no doubt want to give you some sage (and additional) advice on this. But my understanding is that you can counter-sue the landowner and PPC in this context.

Let's see how Hasnowt likes a bit of his own medicine!

Stroma

If you do counter sue they can't drop it, otherwise they could have a default judgement against them. But I'm not 100% sure if that is wise on this. Some of the guys on pepipoo would know if this could be feasible

Coupon-mad

SamRose wrote: »

Thank you.

Yes I have submitted the request for an extension and when I rang to see if the case had been listed yet they had acknowledged the request.

I have e-mailed the land owner so will wait for a response, I suspect because it is such a massive unit and evrytime we go we see people with tickets on they will probably have a corporate response of 'thanks for getting in touch but but we don't intervene' but we'll see!

I guess I believe there to be mitigating circumstances which are important in our life but whether or not anyone else feels the same is hard to tell. My husband parked on a raised area which forms part of a pavement, skip area, etc it is proababy approx. 12 foot wide, caused no obstruction to pedestrians or vehicles, didn't block any exits etc and there were another dozen cars parked in the same place. He dropped me off to get tickets as we were running late (I am still breastfeeding our baby so was late setting off). after 15 minutes of not being able to get parked he was worried that I would be anxious so parked and came to find me. (since the death of our son 2 years ago, I suffer from panic attacks and these are heightened when I am in busy, public places). Nothing exciting or shocking but that is our reality and that is what happened that night. I can't 'fancy' it up or say anything any different. We are not wreck less, law breaking people, quite the opposite (I work for the CJS). He just made a judgement call that has resulted in months of harassment and now Court.

Do you think there is anything in the letters in terms of when they were sent?

Kind regards

Sounds like you are potentially covered under 2 points in the Equality Act 2010 (EA) but the main one is the panic attacks.

Someone who suffers from panic attacks in public places would quite probably need the 'reasonable adjustment' of being allowed to park close by to facilitate her getting back to the car quickly, especially as this was around the time of the anniversary of your son's death when the likelihood of a panic attack was heightened. So your husband in his capacity as your carer (effectively), deciding he had no option but to park there for that reason was because of your panic attacks which are 'protected characteristics' (words from the EA).

And you are also covered as a breastfeeding mother if your baby is under 6 months old. To harass you could be indirect sex discrimination but this is arguable as you were not feeding the baby in the car. So I think I would only mention that in passing.

So the first point about your panic attacks/EA protection is one to send BY POST in a formal letter to the land management firm if their first email reply is disappointing. Also copy in UKCPS to the complaint letter - it's a good thing whilst defending a claim to also keep up any complaints and keep the information & communication lines open. This, on your part, then looks better if it goes to a hearing and UKCPS are only guilty of a breach of the EA if you have told them about your panic attacks - hence why I say tell them and the landowner...now!

It can be worded based around a similar argument as in this one I wrote for someone who was accused of an overstay when protected by the EA:

http://forums.pepipoo.com/index.php?showtopic=79515&st=0

Post #13 by me as SchoolRunMum over on pepipoo...but you would have to amend it to suit your own case. Get it sent by tomorrow and then send your defence to the court urgently - do not wait as you will not have any reminder from the court - you simply HAVE to send in your skeleton defence within 28 days of receiving the court claim.

SamRose

Thank you guys, you are so generous with your time and advice.

I feel so much better than I did a week ago and feel like I am starting to get a clear understanding of where I am at and the context of this all. I have a telephone apt tomorrow with a solicitor (I get free legal advice via my union) so hopefully that will be of use.

People keep using the term 'skeleton defence'. Do I not put in the full story at this stage? and if not when does that happen?

Also if my claim letter was dated 22.08.2013, do I get 28 days from that date or from the date I received it which was the 24th?

Kind regards

Coupon-mad

SamRose wrote: »

Thank you guys, you are so generous with your time and advice.

I feel so much better than I did a week ago and feel like I am starting to get a clear understanding of where I am at and the context of this all. I have a telephone apt tomorrow with a solicitor (I get free legal advice via my union) so hopefully that will be of use.

People keep using the term 'skeleton defence'. Do I not put in the full story at this stage? and if not when does that happen?

Also if my claim letter was dated 22.08.2013, do I get 28 days from that date or from the date I received it which was the 24th?

Kind regards

I think you need to read the sticky 'small claims & PPCs' at the top of this forum and follow the links there.

Read the deadlines as set out in helpful leaflets and info the court service publish online, and/or at your local court, especially to explain the process to people like you who want to defend a spurious claim. I believe there is an assumed few days for service of the small claim (5 days maybe?) but I am NOT CERTAIN and it's better you read that sort of thing on the small claims info the courts publish. Or on the 'Which?' guide to small claims which is easily found online I think.

Also among all the links I posted for you over this thread, maybe revisit this one, which has links from it which might help, and more links will flow from those links, if you see what I mean:

http://forums.pepipoo.com/index.php?showtopic=82744&st=0&gopid=862298

Skeleton defence is needed purely because it doesn't need to be in full paragraphs yet, should just be bullet points for the Court Service to see that your defence has 'legs', i.e. one-liners listing your rebuttals of every point UKCPS have tried to make, and any past case law (and UK law like the Equality Act2010, unfair terms in contracts laws like the CPUTR 2008, UTCCR 1999, Google them...!) that you are planning to rely on if it goes to a hearing.

These cases do not always go as far as a hearing, if UKCPS see a strong skeleton defence they may choose other cases over yours to pursue further. Bear in mind that UKCPS will have issued a fair number of small claims letters at the same time, in a 'scattergun approach' to see who panics and pays (they rub their hands with glee); who defends badly (they pay the hearing fee and hope to win against those victims); who defends well (they might drop those ones - it could be you!) and who is silly enough to ignore or not meet the defence deadline (UKCPS get a default judgment).

You can see why a PPC might do this - nowt to lose for them at £30 or so a pop, initially - but there's no need to assume yours will go to a hearing nor to assume you would lose.

The nitty-gritty detail about the Equality Act 2010 breach - and adding fuller meat to the bones of the skeleton defence - would need to be spelt out when you'd submit your fuller evidence for a hearing if you do get a court date along the line.

Finally if the solicitor suggests you should just pay it 'because of the Protection of Freedoms Act 2012', we would respectfully take issue with that because that law mainly just criminalised clamping and made it so that a registered keeper could be 'as liable as a driver was' (effectively) and it doesn't suddenly make fake PCNs any more enforceable than they ever were! Also bear in mind the solicitor is unlikely to be an expert on the Equality Act 2010 as far as parking issues are concerned, either...don't be surprised if they think Blue Badges apply in private car parks, for someone to be allowed adjustments!

Hope I am wrong and that you get good free advice, and even that they will help you to write a defence & understand the process ahead.

SamRose

Hi all, sorry for my delay in replying following the solicitors consultation, my anxiety attacks are being massively aggravated by all this so I'm afraid I've been ignoring it, but I have at this point submitted a skeleton defence and have now received a letter from court suggesting i go through mediated before i attend court - is there any point from your experience?

Stroma

There is little point of mediation beforehand IMO, their position is that they want all the money, your position that there is no money owing to them at all, so there is no common ground. And you will probably be pressured to agree a payment to them, I would stay away from that if I was you

SamRose

Thank you, do i have to attend court in person? I have no problem being in court as its part of my job but generally mags, sometimes crown courts but it's a 6 hour round trip and I have a baby who I'm still feeding so cant be away from too long

Umkomaas

SamRose wrote: »

Thank you, do i have to attend court in person? I have no problem being in court as its part of my job but generally mags, sometimes crown courts but it's a 6 hour round trip and I have a baby who I'm still feeding so cant be away from too long

Is that the nearest small claims court to you?

zzzLazyDaisy

Guys_Dad wrote: »

I am not sure if at this stage you can contact the PPC telling them that you were not the driver and giving your husband's name.

Sorry this is a bit late in the day on this thread - but for future reference....

Once court proceedings have started there is usually little to be gained in naming the driver at that point - unless the purpose is to shift the burden of court proceedings from one person's shoulder's to another - because all the court will do is substitute name the driver as the defendant to the action, and re-serve the papers on him/her.