PCN escalated to Court proceedings **EDIT - I WON**

Littlewadie

Thanks guys, I have read that many threads on here and it blows my mind how many there is, I have read about the abuse of process and the most recent one at Southampton court on 11th November.
Not sure on which way I need to go with this as I filed my defence with the court a couple of months ago and unfortunately never read through these first, I just panicked as I had not heard from them for years and all of a sudden I was being taken to court, can I add to my defence when I get my court date? will they accept extra evidence I can give?

This is what is on another thread:
At the risk of raising an old thread, quickly resurrecting for internet search engines to help others. I got a PCN from Premier Park about the Halfords, Darlington car park. Had to appeal to POPLA and just found my appeal has been successful on the grounds the signs do not comply with the BPA Code of Practice

Can not copy & paste link as I am a newbie sorry

Le_Kirk

You cannot add to your defence (at least not without it costing you £100). You can still submit evidence as part of your witness statement when it comes to it. Have you had and submitted a DQ yet? Do you have a date for court?

Littlewadie

not sure what a DQ is? no court date as yet, just gone through mediation last week and did not come to an agreement, so waiting on the courts to contact me.

I have found some evidence on the code of practice that will back my case up, I just hope I can include it.

waamo

DQ is Directions Questionnaire. Also check out about the Consumer Rights Act in the thread about abuse of process. That is something you can put in to your witness statement.

Coupon-mad

You need to read plenty of Witness Statements and evidence, as you can rescue a case at this stage (when you get the hearing date and Directions). Stick around, read LOADS.

Littlewadie

I have not heard from the court apart from the defence I had to return if I was denying the charge, I am now awaiting the court date after mediation failed, will I get a questionnaire to fill out of have to write a witness statement before the court date?

I have read the BPA code of practice.
Now in the version relevant to the time of my 'Overstay', it says in a clause for disabled motorists section 16.5: If the landowner provides a concession that allows parking for disabled people, if a vehicle displays a valid blue badge you must not issue it with parking charge notices.
&
Also in the clause for signs
section 18.3: signs must be conspicuous and legible.
Section 18.10: So that disabled motorists can decide whether they want to use the site, there should be at least one sign containing the terms & conditions for parking that can be viewed without needing to leave the vehicle. Ideally this sign should be close to any parking bays set aside for disabled motorists.
I must be able to use this as there are no signs anywhere near the disabled parking bays and none at eye level, none are even facing the disabled parking bays.

Coupon-mad

will I get a questionnaire to fill out of have to write a witness statement before the court date?

No, you already had your DQ N180 form, the one where you wrote down which local court you wanted and any holiday dates to avoid.

You will get a letter from the local court giving your hearing date and telling you when to file & serve your WS & evidence you intend to rely on.

I have read the BPA code of practice.

Now in the version relevant to the time of my 'Overstay', it says in a clause for disabled motorists section 16.5:

'If the landowner provides a concession that allows parking for disabled people, if a vehicle displays a valid blue badge you must not issue it with parking charge notices.'

Well spotted, yes that clause was in the 2014 versions of the CoP. The BPA should be ashamed of themselves, as they were talked into removing that in 2015 and it's never been in the CoPs since.

But you are right, it WAS at the time of your parking event. So I assume you were displaying a Blue Badge, then?

That version of the BPA CoP is vital to bring to the Judge's attention in your WS & evidence, as is this bit:

Also in the clause for signs
section 18.3: signs must be conspicuous and legible.
Section 18.10: So that disabled motorists can decide whether they want to use the site, there should be at least one sign containing the terms & conditions for parking that can be viewed without needing to leave the vehicle. Ideally this sign should be close to any parking bays set aside for disabled motorists.
I must be able to use this as there are no signs anywhere near the disabled parking bays and none at eye level, none are even facing the disabled parking bays.

Also put this article in as an exhibit, and cite INDIRECT DISCRIMINATION*:

http://news.bbc.co.uk/1/hi/uk/8488737.stm

Now, that goes back to 2010 and pre-dates the Equality Act 2010 (the EA) but is VERY relevant and still correct today, and relates to ANY private car park, not just supermarkets, where there is a max stay time limit and an absence of any prominent info (usually nothing!) telling disabled people how to claim more time:

''BBC Breakfast contacted 200 large supermarkets from the four main chains.

Of the 124 that imposed parking time limits, about two-thirds said they did not give disabled people any extra time to shop, which is a breach of the law.

Neil Coyle, from the charity Disability Alliance, said: "Supermarkets need to acknowledge there is a problem, and secondly, very quickly they need to ensure their car parking procedures conform with the law.

"You or I can stamp our feet and say how outrageous it is but at the end of the day there is a law that protects disabled people from this happening." ''

Your WS needs to say that to restrict disabled people to the same 'free stay' time limit as able bodied people was a breach of disability law at the time of the article (2010) and at the time of the parking event (2014) and it still continues, and is still illegal, today. Ignorance of the law is no defence and nor can a parking firm be heard to say that their ANPR cameras can't see Blue Badges (true, but they need prominent signs telling BB holders how to exempt themselves and claim more time, then).

Nor is it a defence for the PPC at the hearing or in their WS, to say 'this is normal - every Supermarket does it' - yep, every Supermarket (and retail park, and cinema, anywhere that tries to create an arbitrary free stay limit) breaks the law.

It is that simple. It is ILLEGAL.

*INdirect discrimination is against the public 'at large' and it is no justification or lawful excuse for a PPC to say ''we didn't know about the person's disability and it's their fault because they didn't appeal and tell us...''

Nope - the opposite is true. The EA puts a statutory duty on service providers to make 'reasonable adjustments' and consider how fixed policies might discriminate by putting disabled people at a disadvantage. This is an 'anticipatory' duty for any car park provider/enforcer and landowner, if they are open to the public they MUST do more than just put in some physical provisions like a disabled bay.

One more piece of evidence for you to send (so make notes, these won't be repeated and it's up to YOU to append these to your WS) and that is the EHRC Code of Practice for Service Providers (Google it). Search it for the word 'tours' and use the example about tours and time limits...

You should have filed a counter claim for disability discrimination.

You could still sue the retail park owners...let's see what the PPC provide as their landowner authority in their evidence pack. That will give you the name of the landowner to sue, after you win.

You can claim a hefty sum for this 5 years of harassment you know - I'd suggest £1000.

But as you didn't file a counterclaim, this will need to be done afterwards. I hope you qualify for free court fees (Google 'help with court fees' and check) as that would be even better - a free hit at the landowner for a 4 figure sum, once you win this case. I am soooo happy it is this nasty lot in the firing line:

It is Premier Park Limited

QUESTIONS:

Did your defence say you are disabled/ BB holder?

Can you show us your defence please, don't be shy; we need to know what was said.

In the Mediation phone call, did you say you had a Blue Badge? What did the PPC say to that?

Littlewadie

I didn't mention it in mediation, as they had all the info I had put in my defence, I wrote in my appeal letter that I was parked in a disabled bay, but not that I had one, I would of thought they would assume I had one, which I was using one & was displayed at the time, but being a camera monitored system, they are unaware of where I parked and if I had a disabled badge.
They state they did not receive the appeal letter, although in mediation they said my appeal was invalid as it was sent later than the 14 days, but when I stated it says I had 28 days from receiving the letter to appeal they back tracked and said they never got it.
They said they received my defence and all was irrelevant and if it goes to court they will win, they also wrote me a letter stating that little fact. So it was all in there, the copy of my appeal letter, maps, photos, hospital letter confirming my last surgery and who my consultant is and my defence.

I also wrote in my defence that I have a badge and what I was suffering with at the time.

There is a lot of person information in my defence, should I post it here?


My husband did want to counter sue them but thought it was too cheeky, but it has been stressful and would be helpful if I could claim money back, I am not sure if I can claim free court costs, I did look at it but you have to apply to see and I don't have the court claim numbers to complete it yet, so not sure if there is another way to do this? My husband does work whilst I am still awaiting the second part to my surgery and am currently on ESA.

Littlewadie

Coupon-mad

I have downloaded the EHRC: Services, public functions and associations Statutory Code of Practice.
There is a lot of stuff in there, I can not find anything about tours? and the only time limits are in chapter 14 - Enforcements.

Do I need the chapter 5 for Indirect discrimination?

Sorry not sure if I am on the right thing here, your help is greatly appreciated

Everyone's help is greatly appreciated and I am grateful that you all take the time to help others.

Coupon-mad

But control & F on your keyboard finds a word in any document in a split second!

The word is tours - I wasn't expecting you to read it & frantically search the entire document for the word with your bare eyes!

Do I need the chapter 5 for Indirect discrimination?

Yes, read it and grab the pertinent facts that not knowing about a disability is no justification and that this is an anticipatory MANDATORY DUTY to consider in advance, the likely needs and adjustments of the disabled population 'at large' (physical and non-physical provisions, including more time).

In other words it is not about an individual person or having to be told about their needs.