PCN while displaying Blue Badge

Pundy55

Hi,
I have been quite unwell these past few days so please forgive me if I have posted in wrong place as well as feeling unwell I am trying to find the best way to go so any advice will be very grateful.
I am disabled and can’t walk very far . A family member who is on oxygen therapy with 30% lung function contacted me and asked if I could urgently collect a prescription for her as she had nobody else that could assist at that time. I live quite far from her but had to go and get the medication for her as she was in a bit of distress and only other option was an ambulance.I had never been to her home before and found that it was a block of flats. Driving into the flats on approach there was no signage stating any parking restrictions until I got right into the area were I parked in the disabled space that has the same markings on the floor of the space as you would find if you parked anywhere else in a town etc a yellow wheelchair symbol.
I felt as I had displayed my blue badge and time clock I had parked in a proper manner as the signage did not say anything about disabled parking I thought it was ok. Anyway I managed to get to the lift with difficulty and deliver the nebuliser and gave some reassurance that she will be fine once she used this machine.
As if I was not stressed enough and in pain I returned to my car to find a PCN attached to the windscreen and I had only been away for approx 20 mins. I really thought I was being victimised and decided to ignore this PCN as I really didn’t think they could do such a thing .
Anyway I have ignored it as far as I can go and now received a N1STD county court claim form dated 7th November.I am happy to go to court to fight this but would like some advice filling the claim form in.
The company for sending documents and payments is Gladstone’s solicitors who are acting on behalf of UK car park management uk.
I am sorry for the long winded message but felt it best to give a bit of an idea in detail as I panic I need to act fast .


Cheers

Coupon-mad

Anyway I have ignored it as far as I can go and now received a N1STD county court claim form dated 7th November.I am happy to go to court to fight this but would like some advice filling the claim form in.

You will not be filling the paper form in.

Read the second post of NEWBIES PLEASE READ THESE FAQS FIRST. No link, see my signature below.

Come back here when you have acknowledged service of the claim, and show us your draft defence, which can be copied from bargepole's template, then you add your facts to it. Fairly easy at this stage, once you read the 2nd post of the NEWBIES thread, and you need to know all the stages to expect and what to do when.

If you want to read some cases won (and we see 99% wins here!) search this forum for:

another one bites the dust

and plenty of them will be Gladstones cases!

KeithP

thistlescot wrote: »

...now received a N1STD county court claim form dated 7th November.

With a Claim Issue Date of 7th November, you have until Monday 26th November to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Monday 10th December 2018 to file your Defence.

That's four weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

The_Deep

The PPC appears to have discriminated against you on the grounds of disability, contrary to the provisions of the Equality Act 2010.

https://www.gov.uk/guidance/equality-act-2010-guidance

If they do proceed with their claim, consider issuing a counter-claim for disability discrimination. There are plenty of Solicitors specialising in such claims and many offer a free half an hour consultation.

Also, complain to the managing agents and your MP.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.

Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

and complain in the most robust terms to your MP. With a fair wind they will be out of business by in the not too distant future..

Pundy55

Hi, and thanks for everyone’s support .
I guess like many people I am not alone in feeling a bit overwhelmed by so much advice and enthusiasm coming from you guys on here .
I want to get this done right and hopefully one day be able to point others in the right direction.
Anyway I have now completed the acknowledged service of the claim
Online and now want to start a draft of defence.
Coupon-Mad you suggest copying defence template from Bargepoles templates. I am having trouble finding this any chance of a help in direction to this template please .

The_Deep

You should also go hammer and tongs after the landowner. Tell them that, unless this PCN is cancelled, you will include them in any action you may bring for discrimination on the grounds of disability against their agent.

Le_Kirk

Here is the link to post # 2 of the NEWBIE thread, scroll down to find defences for various situations............

............ and here is a very succinct defence written by Bargepole recently. It will give you pointers as regards style BUT it might not fit your situation exactly.

Pundy55

I’m going through a bit of a tough time health wise recently and feel I’m at a brick wall. I know you guys have pointed me in directions to help with the defence etc but as for setting it out in the correct format /template and using the correct terminologies etc I’m stumped.
I really want to get on top of the defence as soon as I can just certain personal circumstances have made this process seem all the more stressful and focus has not been a strong point for me these past few weeks.
I have contacted the housing association asking them who owns the land. They replied saying they have passed my message onto their homes dept and will be in touch when they get an answer .

The_Deep

I’m going through a bit of a tough time health wise recently and feel I’m at a brick wall.

Yours is in fact a very straightforward case imo. If the PPC were daft enough to take this to court they would have an uphill struggle, judges are not fools, they are aware that the scammers target the vulnerable.

Have you written to your MP yet? What about the landowner?

KeithP

Pundy55 wrote: »

...but as for setting it out in the correct format /template and using the correct terminologies etc I’m stumped.

All that information, including examples of Defences, is in post #2 of the NEWBIES thread.

I gave you a link to the NEWBIES thread in post #3 above.

Coupon-mad

Pundy55 wrote: »

I’m going through a bit of a tough time health wise recently and feel I’m at a brick wall. I know you guys have pointed me in directions to help with the defence etc but as for setting it out in the correct format /template and using the correct terminologies etc I’m stumped.

What, you can't copy & paste bargepole's defence (ALREADY LINKED FOR YOU) and add a sentence about the facts?