Court papers received

Kayleighb1

And I'm in a flap. Can someone please walk me through it. I've grasped that I need to respond to the claim but not submit a defence at this stage - but that's about it.

Any advice would be very welcome. Thank you in advance.

Redx

post #1 of the NEWBIES sticky thread, court sub-section

acknowledge only

then look at recent 2016 court claim threads , especially any relating to the same PPC, start to prepare your holding defence (skeleton defence)

and read parking pranksters court guide too

the forum search box will help you find what you need , plus any similar court cases from this year (2016) over on pepipoo forums too

ignore anything prior to this year

your previous thread is here https://forums.moneysavingexpert.com/discussion/5182488

Excel and Peel Centre , so probably been down the BW legal route (or Gladstones etc) and now its an MCOL from Northampton ?

Kayleighb1

At this stage, can I declare who the driver actually was?
Whose passenger at the time was breastfeeding a 3 month old. As the offence was for such a short time I'm thinking this being a protected characteristic would help.

Kayleighb1

I am on pepipoo now and have found barge poles brilliant thread, thanks.

It is bw legal and MCOL yes

For £250ish

Quentin

It is a "proper" court claim


(MCOL = money claim on line = a way to issue claims online)

Redx

Kayleighb1 wrote: »

At this stage, can I declare who the driver actually was?
Who at the time was breastfeeding a 3 month old. As the offence was for such a short time I'm thinking this being a protected characteristic would help.

no , all you can do is negotiate a settlement or fight it as its your name (I assume) on the court papers

I doubt Excel are using POFA2012 anyway

its not an offence as that would be criminal law

its civil law, and you are bring pursued for an unpaid invoice

Kayleighb1

Coupon mad posted this

"Worth adding this useful post from Ian Williamson who posted it to help Aldi customer victims of Parking Eye who have got a Small Claim:

https://forums.moneysavingexpert.com/discussion/comment/62390347#Comment_62390347

Summarises what to cover in most defences against most PPC fake PCNs which go to a small claim, and gives a summary of what happens when.


************************************************** ***




In addition, posters who have any long-term debilitating medical condition which slows them down (blue badge or not) are allowed to park for longer. Even a parent shopping with a child who has ADHD or ASD can park for longer as it is a legal right if the need is there, or a person shopping who has anxiety or depression which often makes their purchasing decisions take longer and their organisation at the till when paying & packing could be slower.

As are Mums who were delayed due to breastfeeding a new baby.

And arguably, as are elderly people as there is a limited 'ageism' section in the Equality Act 2010...and certain conditions of age would meet the definition of disability anyway (e.g. gout, arthritis, rheumatism, diabetes and other symptomatic longterm conditions).

All such visitors can take their time when shopping & legally are entitled to a reasonable adjustment to park for longer if needed, which Parking Eye and Aldi both know very well, here's the proof in their leaflet at Aldi Preston:

http://forums.pepipoo.com/index.php?showtopic=77891

BBC article from 2010 (even before the Equality Act, under the old DDA it was already illegal to expect a disabled person to be arbitrarily limited to the same parking time as an able boded person):

http://news.bbc.co.uk/1/hi/uk/8488737.stm

Parking Cowboys website summary on this issue:

http://www.parkingcowboys.co.uk/disabled-bay-blue-badges/

It is not just old men in Kompressor or BMW cars with a Blue Badge who are protected disabled (although IMHO many like to think the world owes them a living)!

And of course people do not need a Blue Badge in a private car park as it's not applicable on private land (check the handbook and YouGov website about the scheme). Disabled people can use a disabled bay on private land as long as they fit the definition of disability and as a result of their condition, actually need to park nearer the store or in a wider bay.

All certainly worth including in any defence if a driver or passenger is legally protected."



So you don't think It's worth including?

since they are not relying on pofa 2012, (can they make that choice), are they allowed to pursue the keeper rather than the driver?

"So you state as such. State that, under current law, the Keeper is only resposnible for the drivers conduct IF the Claimant chose to use the provisions of POFA2012. They chose not to, and have therefore forfeited ANY right of redress against the Keeper. Their assertion that the Defendant drove the vehicle at the material time has no evidential basis."

Kayleighb1

If I were to give excel driver details, what would happen?

Quentin

It's too late for that.

You need to defend or pay

System

What was the "offence"?

Kayleighb1

Sorry Iam where would I find that info? Can't see it on the claims documents