I thought it was fake, it wasn't :(

The_Deep

In view of the disability aspect it might be worth complaining to your MP. All it will cost you is the price of a stamp and in might cost the PPC a lot more.

Ishouldknowbetterbynow

I completed the N244 form yesterday and included the code from gov website to waiver fees. I'm about to notify the company that I received the letter a week after they sent it and that to advise I've applied to have the CCJ set aside. This way, there's a recorded paper trial of communication and intent.
My MP is David Davies.. he really doesn't care about his constituency but I shall contact him regardless.

Once again, thank you for taking the time to reply.

WhenIam64

I can see a number of issues with you going for a set-aside .e.g. good service, and is it really defensable? It will be an educational day out at least.

Good luck with the DRO. If for some reason the DRO doesn't go through, then back to court with the N245/EX160 for a means hearing.

Half_way

Not since the days of Trev $hitehouse's ANPR Ltd have fake court claim forms been used - probably 5 years since.

Could the fact that a so called reputable ( ahem) operator was sending out fake court papers be used as evidence/a reason why the real court documents were ignored?

The osteopath was in town, it's a carpark that customers of several stores can use in the town. I do have mobility issues and cognitive dysfunction.. which is why I'm being such a dullard about how to deal with this. The email came from Excel parking, Notice letter head says Vehicle Control Services. I did explain this in my initial appeal to the company. Blue badge is usually 3 hours, the signage wasn't near the bay I parked in. All little errors of judgement that if my brain wasn't fogged up at the time, I'd have spotted and avoided.

Unless ive missed something, an osteopath in "town" isnt that clear, the UK is full of lots of Towns and a fair few may have oesteopaths


The VCS/Excell mix up by Simon Renshaw smiths lot also muddies the waters somewhat ( as well as raising a few alarm bells)



As mentioned there is an Equality act ( previously known disability discrimination act) aspect to this, and the overall responsibility for this will rest at the feet of the landowner.

In my opinion an ANPR system that can not automatically differentiate between those with mobility ( or any other ) issue, a system/process that rely s solely on blue badges as an indicator ( not everyone with a disability possess a blue badge) or a system that requires those with disability's to carry out extra steps that able bodied people dont have to complete is discriminatory.




So i i was in that situation, I would be looking at putting a claim in against the landowner for the cost of clearing the CCJ, and a reasonable ( not extravagant) amount for the time spent.


The Parking company and its ANPR set up just does what it does, and the landowner should have taken reasonable steps to ensure that its agents comply with any legislation and do not have a negative impact on those invited/allowed to enter the land.

A farmer can not place certain breeds of cattle, certain animals/dangerous livestock on land where the public have access to ( such as footpaths/bridle paths / access land etc) so why should a landowner be allowed to place a PPC that opreates in such a way as mentioned previously on land?

Umkomaas

Not since the days of Trev $hitehouse's ANPR Ltd have fake court claim forms been used - probably 5 years since.

In all its glory - but over 5 years ago.

https://images.app.goo.gl/wHNBTiUZHVm8JRXK8

Ishouldknowbetterbynow

UPDATE:
For those who may be going through a similar situation, I thought you'd like an update.
- To date, Mr David Davies MP hasn't acknowledged my appeal for help. Standard for him
- I applied to have the CCJ set aside, which the judge did but I had to file a defence to the court and the claimant by the 2nd October 2019, which I did.
- I just got a letter today saying that it has now been deferred to the small claims court.
- I phoned the court clerk to clarify and she confirmed that I no longer have the CCJ as it was set aside and the judge has directed it to the small claims court instead. I still have to file a defence for that yet but at least I don't have a CCJ.

I also realised that the claimant claims that the 'blue badge' states xyz but each local authority have slightly different rules relating to the use of the blue badge scheme i.e where you can park. So them quoting me from their council (Sheffield) isn't necessarily the same guidelines I was given from my council (ERYC). Parking in London has different rules for blue badge holders, than other parts of the UK and Scotland have their own rules. I mention this for others to consider when filing a defence in similar situations. No idea what will happen in small claims court but hoping the judge will throw that out too.

The_Deep

I am puzzled, what have the T&C of a BB to do with PCNs on private land? I take it you have read this?


https://www.citizensadvice.org.uk/law-and-courts/discrimination/what-are-the-different-types-of-discrimination/duty-to-make-reasonable-adjustments-for-disabled-people/


The law is clear, did the scammer comply? If not counter claim for disability discrimination.

Le_Kirk

Ishouldknowbetterbynow wrote: »

I applied to have the CCJ set aside, which the judge did but I had to file a defence to the court and the claimant by the 2nd October 2019, which I did.
I still have to file a defence for that yet but at least I don't have a CCJ.

blue badge scheme

Confused by the first part, you have filed a defence but you have to file a defence!
Blue Badge schemes have no effect in Private Car parks - is this a council issue?

Coupon-mad

No idea what will happen in small claims court

Then you need to read a shedload of claim threads - search for:

ANOTHER ONE BITES THE DUST

When do you have to get your defence in by and have you received anything from the court telling you all this and giving deadlines?

nosferatu1001

C-M - they said they already filed their defence, then said they still had to. Confusing!