Private Disabled Bay Court Case in July

atilla

So, the attendant says yes, ok to park there.
And by coincidence this was recently posted.
http://forums.pepipoo.com/index.php?s=&showtopic=90358&view=findpost&p=961833
I'd say it was pretty relevant.

lstinsley

Hello everyone,
I have the letters here as images but as I am a new user I am unable to put links into my reply - can anyone help with this?

Here is my husband's Defence- (Copied and pasted)

"I , the defendant ********* wish to submit the following defence against the claim that has been brought against me by PCN (NW) LTD in relation to a breach of contract in respect of a notice issued to vehicle ****** on the **/**/**.
At the time of the alleged offence I was an employee at St Helens College and had a valid badge to park on the car park, however I can neither confirm nor deny that I parked in a disabled bay on the exact date in question as I have seen no evidence of this. However I do know that around the time in question I was suffering with an ongoing and recurring chronic back complaint. This is something that causes episodes of severe spasms that have been known to require 999 medical assistance. I have requested supporting documentation from my GP to confirm this.
Around the date in question, I did park in a disabled space during a back spasm episode. On this day I received full authority from the car parking attendant to park in this bay as it was clear and obvious that I was in severe pain and struggling to walk. I am aware that on private land you do not require a Blue Disabled Badge to park in a disabled bay. I was confident that the authority of the attendant would suffice. My employer had full knowledge of my medical history. Please find enclosed a statement from Ms ******* , a colleague at St Helens College, in support of this fact.
I also enclose a statement from my current employer Mr *********, Managing Director, ********.
I contend that the claimant has wrongly brought about this claim and that I had due cause to park in a disabled bay on this occasion. "

The offer to settle from them is WOP so I understand that this should not be binding at this stage. I would like to know if it is worth settling or whether we would have a chance in court?

Thank you so much x

lstinsley

Gladstone's Response to Defence:

We act on behalf of the above named Claimant. We have had sight of the D that you have filed and make no comment as to the same given you have chosen not to instruct solicitors. Upon consideration it appears that your defence is entirely based upon the premise that due to you having suffered from a back spasm resulting from a chronic back complaint, you felt it would be appropriate to park in a disable bay. You had no knowledge that the car park in question was privately owned and the subject of enforceable parking restrictions.

Attached hereto are photos are your vehicle. These clearly show that your vehicle was parked in a disabled bay and with our client's signage clearly viewable from your vehicle.

We have now had the opportunity to make enquiries in relation to this matter and have ascertained that :
- you did not have permission from your employer to park in the disabled parking bay
-you are not registered disabled
-you did not approach the car park attendant on the day in question to park in the disabled bay; and
- you did not use the appeal procedure available to you at the time that you were ticketed

Further we advise that your vehicle has previously been ticketed on college ground when you failed to display a permit.

In the circumstances our client has instructed us to proceed. We would respectfully point out that the issues raised within your defence contain no argument of legal merit and that as such, your defence should be struck out.

We will be pointing out to the court that it is entirely unreasonable to raise an issue in the defence which you have no referred to previously in the appeals procedure.

We therefore urge you to make full payment of the sum due , together with interest thereon and to make payment of our client's legal costs, in default of which we are instructed to continue these proceedings to a final hearing. At this point in time, you will become liable for further legal costs and the additional interest which has accrued upon your debt. We reserve the right to product this correspondence to the court when the issue of costs fall to be determined.

If you are unsure of the content of this letter then you should seek legal advice.

Stroma

You are going to lose on that, you need to defend with legal arguments in a court not mitigation alone , have a look on the pranksters website for legal arguments to use in a court, spent a few quid and read the paid for version as well. Even though it says parking eye a lot of the arguments can be used in this.

I am sure others will be along to offer further advice

Dee140157

Post the links but with gaps eg http:// Tinypic.....etc.

One of us can the post the link correctly for you.

But like stroma said, you need a much more robust defence than this and need to put some serious arguments forward. Hopefully a more experienced forum member will help, but in the meantime do the reading Stroma has suggested.
http://www.parking-prankster.com/court-claim.html

Coupon-mad

Coupon-mad wrote: »

You need to in fact read post #5 of the NEWBIES thread about small claims defence.

See above ^^^ Have you read it yet, all the links in post #5 of the NEWBIES thread? It's pointless us telling you what should be included in a defence if you haven't yet read the links we've already directed you to read up on.

Sorry but that defence is very weak, unfortunately, relying on ONE point and with no research done to explore the usual issues you could have included against the whole charge and their whole operation! Seeing as PCN(NW) appear not to have a contract there in their own name and the charge isn't a GPEOL (see the newbies thread) you have plenty you could add if the courts will let you at this stage. It's late but not too late to try - so we can help.

Certainly this isn't the moment to throw in the towel IMHO.

lstinsley

Hello, thank you for your replies. I can tell the defence is poor, my husband drafted it with the help of someone at work and it wasn't until I browsed through the documents this weekend I realised that we need to seek some help.

I will work on redrafting a defence and ... ask the courts permission to file it? Or would it be better to draft a statement from my husband and include the relevant points there?

Yes I am/ have read the forum links now thank you. Obviously the defence was written quite a while ago so please don't think I read the forum links then wrote that defence!!

Many Thanks x

Coupon-mad

I would not ask for the court's permission to file it, I would wait until the case is allocated locally then send the Court and the PPC and Gladstones (all 3) a printed out full defence document, once you have a hearing date, sent hot on the heels of your N180 form (which you'll read about in the links in the NEWBIES thread post #5).

If you ask for permission to file a fresh defence then Gladstones will object and the court might refuse or charge you a fee for the change. Whereas if you submit it once the local court to you has been allocated, the court may accept it since they do have to have your defence bundle some weeks before the hearing. They say 'anything goes' in small claims with some Judges so it may be OK even though Gladstones will object, no doubt. You can cross that bridge when you come to it.

By the way a recurring 10 year medical problem which is flaring up at the time and presenting itself as a mobility need, IS covered by the Equality Act 2010 and the driver COULD use the provision of the disabled bay (certainly with permission he was absolutely covered by disability law and contract law). The Blue Badge scheme is irrelevant.

Start preparing a full defence after reading all the links including the Prankster's Guide. Make sure your defence is clear, numbered, typed with 1.5 line spacing in minimum font size 12 - and with attached 'exhibits' (evidence, such as photos, a copy of the Equality Act definition of disability, maybe a detailed, signed piece of paper 'witness statement' from the car parking attendant if he will!!) in numbered form as your evidence for each point of defence. And with a 'statement of truth' signed by the defendant. I think the prankster explains all this in his guide even though it's written with ParkingEye in mind.

You (in fact the defendant) could also write to Gladstones now and say you have they reply to defence and will see them in court seeing as you are aware that PCN(NW) have no contract in their name - were merely agents of agents - and that the charge wasn't a genuine pre-estimate of loss, etc. so there is no cause of action. Also to state clearly that the driver DID have the express verbal permission of the car parking attendant (you MUST state this as they painted the opposite picture in their reply which you MUST rebut or it is deemed accepted). Enter into as much discussion as you like in writing with Gladstones, all designed to tell them why there is no case and why they are wrong in what they are claiming. The aim is to make your case a hot potato rather than the damp squib they are currently thinking it is...they are obviously lining your case up for a hearing, in the hope you are a pushover so ensure your letters show that you are not and that you are aware of more issues than they think you are.