Claim Form - Failing to display Blue Badge

RoyalBlue82

Hi All

Last week i received my first letter/claim form from the County Court Business Centre. The Claim is in reference to a parking "offence" which took place in 2015, breaching the terms of parking by not displacing a blue badge in a disabled bay.

At this point it's worth pointing out that this case is against my wife who was driving and is the owner of the car. I'm simply playing helpful husband, as she was a bit flustered by it at first and wanted to pay the 'fine'. We've replied with an Acknowledge Service to extend the clock and completed some research on this forum.

I see this as a challenge as the markings to highlight this particular space was a disabled bay were barely visible, the markings have worn away (photos taken).

In addition my wife was pregnant at the time and we were having a tough time with our son who was only 8 months old and in a half body cast for Hip Dysplacia. No idea if this is relevant or not, but hoping you guys can help advise on my first draft below. Thank you!:)

In The County Court
Claim No:xxxxx
Between
Vehicle Control Services Ltd (Claimant)

-and-

xxxx (Defendant)

____________
DEFENCE

____________

1. The Defendant was the registered keeper and driver of vehicle registration number xxxx on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts of the matter are that the Defendant was clearly displaying a valid parking ticket and was parked in a bay that didn’t have didn’t have any clear signage or markings to highlight it as a disabled parking bay.

3. On the day in question the Defendant was pregnant and had a disabled son as passenger who was wearing a cast for Hip Dysplacia. The Defendant did contact the Claimant and inform them of this matter.

4. Accordingly, it is denied that the Defendant breached any of the Claimant's purported contractual terms, whether express, implied, or by conduct.

5. The Defendant has attempted to enter into meaningful correspondence with the Claimant to try and resolve, but has received nothing but automated e-mails in response and no opportunity to use POPLA. The Defendant sent an appeal email, but never received any reply or POPLA reference number.

6. The Claimant has shown a blatant disregard for following the correct process, their Letter Before Claim didn’t comply with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Protocol.

7. On 01/02/2016 the Defendant was informed by ZZPS Limited (acting on behalf of VCS) that the case was on hold and they would contact the Defendant after further dialogue with VCS. The defendant never received any response on this matter. The next correspondence was a Letter Before Claim, 3 ½ years later.

8. The Defendant has the reasonable belief that the Claimant has not incurred £60 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100.

9. In summary, the Claimant's particulars disclose no legal basis for the sum claimed, and the Court is invited to dismiss the claim in its entirety.

Statement of Truth:

I believe that the facts stated in this Defence are true.

Name

Fruitcake

Have a look at this thread regarding the addition of the £60 charge.

https://forums.moneysavingexpert.com/discussion/comment/75917866#Comment_75917866

You should use the words, abuse of process, and quote the case number.

Quentin

Have you read up on this in the newbies FAQ thread?

Post#2 there covers Court claims right through to the hearing with advice on how to defend and links to near template defences to crib from

Has the driver been identified already??

(If not then edit your post to remove details of who was driving)

Coupon-mad

I see this as a challenge as the markings to highlight this particular space was a disabled bay were barely visible, the markings have worn away (photos taken).

In addition my wife was pregnant at the time and we were having a tough time with our son who was only 8 months old and in a half body cast for Hip Dysplacia. No idea if this is relevant or not

I think it is, and the defence should say in the early facts, that:

The bay was very faded and not signed as a disabled bay, and was (either negligently or deliberately by the Claimant) a 'concealed pitfall or trap' of the type highlighted in Parkingeye Ltd v Beavis [2015] UKSC 67. The driver had the honest belief that this was an ordinary bay or a parent and child bay. The driver was pregnant and had their baby as a passenger, who was only 8 months old and in a bulky half-body cast for Hip Dysplasia, a long term condition that certainly met the definition of disability as a protected characteristic within the meaning in the Equality Act 2010. Even if the Claimant can demonstrate a clearly marked disabled bay to the satisfaction of the court, there is no cause of action against a protected carer of a baby who had need of a wider bay, under the applicable law.

KeithP

RoyalBlue82 wrote: »

Last week i received my first letter/claim form from the County Court Business Centre.

We've replied with an Acknowledge Service to extend the clock...

What is the Issue Date on your Claim Form?

I hope the AoS was done in the Defendant's name.

RoyalBlue82

Thanks Fruitcake, I will use this and update my defence statement. I assume it being quite lengthy and wordy isn't an issue!?

Coupon-mad

It's fine to add the words about abuse of process, as everyone does.

And add near the start, the bit I wrote for you, as the baby was within the Equality Act definition of disabled at the material time.

RoyalBlue82

What is the Issue Date on your Claim Form?

I hope the AoS was done in the Defendant's name.

It was issued early July (didn't want to divulge exact date in case it helps identify me).

I haven't confirmed who the driver is, the AoS is done in the defendants name.

Coupon-mad

You need to tell us the Claim date. Our advice is bespoke, and dates matter.

They issue hundreds per month and who cares if it identifies you anyway.

RoyalBlue82

It's fine to add the words about abuse of process, as everyone does.

And add near the start, the bit I wrote for you, as the baby was within the Equality Act definition of disabled at the material time.

Thanks for that, it's really useful, it will be going in the my next draft! I'll post version 2 on this thread when I'm done if that's OK?

RoyalBlue82

Apologies, didn't realise! Claim date is 3rd July 2019.