County Court Parking Eye :(

Coupon-mad

Yes, that's better and it brings in Dad's asthma, which is a chronic condition which is protected under the Equality Act 2010 (EA).

I would add this as your #3 and remove this completely as it doesn't help:

(3) [STRIKE]I have no idea at this stage whether I am being pursued under the protection of freedoms act for this debt or whether this is for civil trespass[/STRIKE].

Instead:


3(i) Service providers have a legal duty to make 'reasonable adjustments' and not knowing about an individual driver's medical condition is no excuse, since it is a blanket legal duty imposed under the Equality Act 2010 (the EA) to make adjustments in advance, to cater for the disabled population at large.

(ii) It is averred that no such adjustment - i.e. no clear offer of an extension of time - was drawn to the attention of the driver, whose asthma means he was and still is, a protected person under the disability/reasonable adjustment provisions of the EA.

(iii) Proof of the driver's chronic asthma will be filed as evidence, along with a witness statement from him, should this Claimant proceed to a hearing.

(iv) Proof that this Claimant does make such adjustments at some shopping sites will also be evidenced (pictures of a current ParkingEye sign that does allow for an extension of time), to show that the signs here fail and thus, discrimination exists at this location.

ugy101

Coupon-mad wrote: »

Yes, that's better and it brings in Dad's asthma, which is a chronic condition which is protected under the Equality Act 2010 (EA).

I would add this as your #3 and remove this completely as it doesn't help:



Instead:


3(i) Service providers have a legal duty to make 'reasonable adjustments' and not knowing about an individual driver's medical condition is no excuse, since it is a blanket legal duty imposed under the Equality Act 2010 (the EA) to make adjustments in advance, to cater for the disabled population at large.

(ii) It is averred that no such adjustment - i.e. no clear offer of an extension of time - was drawn to the attention of the driver, whose asthma means he was and still is, a protected person under the disability/reasonable adjustment provisions of the EA.

(iii) Proof of the driver's chronic asthma will be filed as evidence, along with a witness statement from him, should this Claimant proceed to a hearing.

(iv) Proof that this Claimant does make such adjustments at some shopping sites will also be evidenced (pictures of a current ParkingEye sign that does allow for an extension of time), to show that the signs here fail and thus, discrimination exists at this location.

Once again thanks,

In regards to the asthma, will a prescription be fine?

also in regards to the signs, i'v had a look on the net for some signs, can't see any that stand out with this info:(

Coupon-mad

In regards to the asthma, will a prescription be fine?

Yes, when the time comes, with his WS and yours, later on. Except see below - for PE, send that now...to push them.

i'v had a look on the net for some signs, can't see any that stand out with this info

Example signs to show PE can word it that way, are on another thread this very week about Brighton Marina (my neck of the woods):

https://forums.moneysavingexpert.com/discussion/5629964

But all the evidence is filed later, not now. No attachments with a defence. Email your signed/dated scanned document to the CCBC:

ccbcaq@hmcts.gsi.gov.uk

and a copy emailed to:

enforcement@parkingeye.co.uk

...telling them this is a copy of the defence filed at CCBC and you are supplying a copy early to ParkingEye, in the hope they will realise this is disability discrimination and cancel the charge (and to PE's copy I would actually attach a copy of the asthma prescription but with the driver's address covered, to protect him for any letters). Name is OK to show, but not his postal address.

If they reply and ask for £60 (or less) to cancel, refuse and tell them they are continuing to breach the Equality Act 2010, and should do the decent thing and admit that they failed to offer a reasonable adjustment to the driver, and cancel and discontinue this claim, with no charge whatsoever. Get into some email tennis with PE's legal team, be assertive! As long as you have filed the defence with the CCBC as well.

ugy101

ok cool, will do this once home

ugy101

Just realised you said to scan the file once signed, will have to do this at work tomorrow now, but wanted to ask what format i should save the document as, picture or pdf?

patman99

Something else to add to the appeal -

State that you believe that no planning permission is in place for the signage or ANPR camera as required under the 'Town & Country (Advertising) Act 2003' - (I think that is correct).

This usually has a PPC running for the hills as they have no wish to admit to having committed a criminal act.

Lamilad

This usually has a PPC running for the hills as they have no wish to admit to having committed a criminal act.

On the contrary, this argument is ineffective (see link below). It's been used many times - usually in a sentence referencing 'ex turpi' - yet I'm not aware of it ever being acknowledged as relevant by a judge.

https://forums.moneysavingexpert.com/discussion/5555458

Coupon-mad

ugy101 wrote: »

Just realised you said to scan the file once signed, will have to do this at work tomorrow now, but wanted to ask what format i should save the document as, picture or pdf?

I would save it as a PDF once you have finalised it, then print a copy off, sign & date it and then scan that in to file by email to the CCBC, as your defence.

...then prepare an assertive email to PE's enforcement team, telling them your defence is filed and pushing them to discontinue (NOT written like a 'please/thankyou' appeal, no begging!). Really assertive - insistent, with evidence of the driver's asthmatic condition which certainly means they needed more shopping time, and asking for a copy of the sign on site/contract, and demanding to know why no Equality Act 'reasonable adjustments' of extra time were offered clearly (or at all) at this location?

Really push it, and ask for the contract on those signs - then you will know.

Like I say, if they offer to cancel for £60, refuse. Push them again. And again - email tennis...

ugy101

Coupon-mad wrote: »

I would save it as a PDF once you have finalised it, then print a copy off, sign & date it and then scan that in to file by email to the CCBC, as your defence.

...then prepare an assertive email to PE's enforcement team, telling them your defence is filed and pushing them to discontinue (NOT written like a 'please/thankyou' appeal, no begging!). Really assertive - insistent, with evidence of the driver's asthmatic condition which certainly means they needed more shopping time, and asking for a copy of the sign on site/contract, and demanding to know why no Equality Act 'reasonable adjustments' of extra time were offered clearly (or at all) at this location?

Really push it, and ask for the contract on those signs - then you will know.

Like I say, if they offer to cancel for £60, refuse. Push them again. And again - email tennis...

ok cool, will do this, so I am attaching the defence + prescription to PE with the stern email, is that correct

ugy101

is this assertive/good enough to pe:

This is a copy of the defence filed at CCBC and I am supplying a copy early to yourself, so that you realise this is a disability discrimination and that you should cancel the charge!

I have also attached proof of the medication that the driver takes, which proves the driver being an asthmatic, so needed more shopping time.

I demand a copy of the sign on site/contract, and demand to know why no Equality Act 'reasonable adjustments' of extra time were offered clearly at this location!

I also want the contract on these signs!

As stated, my defence has been filed, so you either go through the courts and pay my expenses whilst losing, or do the reasonable thing and discontinue.