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Civil Enforcement County Court Claim
TDW1968
Posts: 1 Newbie
Hi I'm looking for some advise please I have been dealing with Civil Enforcement /ZZPS/Wright Hassall who have just issued a County Court Case for a parking infringement which occurred in May of Last year.
The first correspondence I can honestly say I received was dated 23/9/16 from ZZPS for Civil Enforcement Ltd. Which we initially ignored, the next letter received was from Wright Hassall 24/11/16.
We responded to these denying the debt & requesting they contact the driver a FLC was the received in December we again denied the debt, also advising any further correspondence would be regarded as harassment. We stated that if we heard nothing within 14 days we would assume the debt cancelled & the matter concluded.
A CCC was received last week. We have acknowledged receipt online but have not yet completed our defence. Advice would be much appreciated.
The ticket is for a 30 minute overstay as my Wife was unable to drive as she has mobility problems and fell on her way back to the car. My Wife waited until she felt it safe to drive before leaving.
We thought of the Equalities Act 2010 regarding discrimination and 'frustration of contact' maybe as my Wife was unable to drive as per (PE v Cargius).
BPA 27.4 as they don't have anyone checking to see if disabled spaces are being used by someone without a disability & 28.8 as the signs cannot be read from the car. Also the BPA 16.5 makes an explicit statement regarding Blue Badge users.
The first correspondence I can honestly say I received was dated 23/9/16 from ZZPS for Civil Enforcement Ltd. Which we initially ignored, the next letter received was from Wright Hassall 24/11/16.
We responded to these denying the debt & requesting they contact the driver a FLC was the received in December we again denied the debt, also advising any further correspondence would be regarded as harassment. We stated that if we heard nothing within 14 days we would assume the debt cancelled & the matter concluded.
A CCC was received last week. We have acknowledged receipt online but have not yet completed our defence. Advice would be much appreciated.
The ticket is for a 30 minute overstay as my Wife was unable to drive as she has mobility problems and fell on her way back to the car. My Wife waited until she felt it safe to drive before leaving.
We thought of the Equalities Act 2010 regarding discrimination and 'frustration of contact' maybe as my Wife was unable to drive as per (PE v Cargius).
BPA 27.4 as they don't have anyone checking to see if disabled spaces are being used by someone without a disability & 28.8 as the signs cannot be read from the car. Also the BPA 16.5 makes an explicit statement regarding Blue Badge users.
0
Comments
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same advice as in this one
https://forums.moneysavingexpert.com/discussion/5635379
and the EA2010 may well be relevant and could possibly be used in a counter claim if you are up for it
signage and other legal arguments are also valid defence points too
ps:- I too have disablities and suffer from mild dyslexia, so please give a thought to other people and separate your story into paragraphs as taught to my kids and grandkids , like my reply
that way it will be easier to read and woe betide you if you dont do this in your court papers0
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