Help needed

Fruitcake

Cbella38 wrote: »

That is fine sorting out laptop this week

Bear in mind the KEEPER didn't respond and the DRIVER didn't know about this site till this week when seemed another group for help.

So what your saying the KEEPER responds to Gladstones letter and argues against the invoice ? Then see what happens next ?

The keeper contests this. The driver should never be named and should not be involved.

Redx

if the keeper is the person that GLADSTONES sent a postal letter to

then the KEEPER responds

if they (the PPC or Gladstones , or both) do not know the drivers details , keep it that way

but the person they wrote to is the person that is probably going to receive a court case , called an MCOL, in the post , from the Northampton bulk centre for processing court claims

The_Deep

So what your saying the KEEPER responds to Gladstones letter and argues against the invoice ? Then see what happens next ?

That is precisely what you are being told. Everything you need to know about PPCs is available on the internet, here, on peppipoo, legal beagles, CAG, Facebook, Notonob, Parking Prankster, to name a few. It is not painting by numbers, but it is nor rocket science either. Unless you pay this or put in the hours you will end up with a CCJ.

Read The Equality Act, read this,

http://www.cheshireeast.gov.uk/car_parks_and_parking/penalty_charges/how_to_appeal_against_a_pcn/mitigating_circumstances.aspx

Cbella38

Well the driver was involved when they wrote to the parking company to explain situation

The driver didn't know they was doing wrong

They thought the company would understand bearing in mind of the law about the 10 min grace period and fact was a ticket was brought.

The driver wants to help the KEEPER as KEEPER doesn't want court proceedings

twhitehousescat

euro car parks , do not like court , http://www.bmpa.eu/companydata/Euro_Car_Parks.html

YES they may try a claim on a very easy case , however they are clutching at straws with regard to the COP of their trade assoc stating that they should allow a grace period

13 Grace periods
13.1 Your approach to parking management must allow a
driver who enters your car park but decides not to park,
to leave the car park within a reasonable period without
having their vehicle issued with a parking charge notice.
13.2 You should allow the driver a reasonable ‘grace period’
in which to decide if they are going to stay or go. If the
driver is on your land without permission you should still
allow them a grace period to read your signs and leave
before you take enforcement action.
13.3 You should be prepared to tell us the specific grace period
at a site if our compliance team or our agents ask what it is.
13.4 You should allow the driver a reasonable period to leave
the private car park after the parking contract has ended,
before you take enforcement action


upon telling euro that the driver had an "impairment " they should then apply

16 Disabled motorists
16.1 The Equality Act 2010 says that providers of services to
the public must make ‘reasonable adjustments’ to remove
barriers which may discriminate against disabled people.
16.2 ‘Reasonable adjustments’ to prevent discrimination are
likely to include larger ‘disabled’ parking spaces near to
the entrance or amenities for disabled people whose
mobility is impaired. It also could include lowered
payment machines and other ways to pay if payment is
required: for example, paying by phone. You and your
staff also need to realise that some disabled people may
take a long time to get to the payment machine.
16.3 Operators of off-street car parks do not have to
recognise the Blue Badge scheme. But many choose to
do so to meet their obligations under the Equality Act.
Although a Blue Badge is not issued to all disabled people
it is issued to those with mobility problems. So it is a
good way for parking operators to identify people who
need special parking provision.
16.4 You are at risk of a claim under the Equality Act if you
do not discourage abuse of the ‘disabled’ spaces. This
means that you need to make sure the spaces are
regularly checked to be sure they are not being used
by people who do not have a disability.
16.5 If your landowner provides a concession that allows
parking for disabled people, if a vehicle displays a valid
Blue Badge you must not issue it with parking charge
notices.

Cbella38

THE DRIVERS disability doesn't qualify them to have a blue badge as at present it doesn't affect their walking mobility yet.

Coupon-mad

You don't need a blue badge to be deemed to meet the definition of disability under the Equality Act 2010:

https://www.gov.uk/definition-of-disability-under-equality-act-2010

and what you have described is 100% a matter covered by the Equality Act and a significant factor in the delay in driving the car out (indeed the only factor):

They have an ileostomy- so a stoma if your not aware of what it is and they have to wear bags and they have days where the bags can fill up so quickly without warning of fluid that they have to empty the bag because if they don't they risk burns to their skin and leaks.

Anyway on their way out of the college their bag filled up with fluid so have to do a detour to the toilet, sanitize the area as they are at high risk of infection ..empty the bag, clean up and then they left

by the time they got to the car it was 4 MINUTES over the ticket they had BOUGHT for the hour stay and had a parking warden telling them they were going to issue a ticket .

Redx

the fact remains that the person being written to needs to be the person that sends a reply, whatever that reply may be , because they are the only person that GLADSTONES are currently targeting

and yes the driver definitely qualifies under the EA2010, if they wish to issue a counter claim if it goes as far as court

Cbella38

OK so keeper of the vehicle has had a letter come through to attend county court, can you help by suggesting what else to put in writing in order to sort this out please , have referred back to the Newbies section and sent letter based off information there but still seem to be ignorant to the face the driver had a disability

pappa_golf

please clarify , the keeper has recieved court papers from northampton , who is/are the acting solisitors ?