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

Littlewadie

Ah, sorry didn't know that, handy tool for searching.

So this is the part about tours, would I refer to this in regards to the fact they need to make concessions for disabled people and since I have stated I was in a disabled bay with a blue badge and was having difficulty at the time, that they have discriminated against me?

Example: A stately home has guided tours of grounds which depart at 30minute intervals. The guides are told to follow a strict timetable and to complete the tours within 45 minutes. Disabled people with mobility impairments are put at a disadvantage by this practice. When challenged by a group of disabled persons, the park management realise:
• that the practice is indirectly discriminating against such disabled persons and that they need to consider whether there is any justification for the practice; • that making reasonable adjustments by permitting one group more time would be incompatible with the policy, as groups following on the slower group would be held up; • they could achieve the same level of profit from guided tours by removing the strict timetable and permitting tours to overlap; and • the indirectly discriminatory effect on persons with a mobility impairment is unnecessary because they can achieve their business aim of profit by adopting other means of achieving tour group volumes.
As a result they remove the practice of following a strict timetable not just in the case of persons with mobility disabilities, but for all visitors.

Many Thanks

Coupon-mad

Yes, you can see that section is entirely relevant to prove indirect discrimination.

Littlewadie

Just a quick update:
been gathering all my documents and further signage evidence (which after having measured all the fonts still do not comply with the code of practice and are not 60mm), I have since received a letter stating the 'Notice Of Transfer Of Proceedings' as the mediation didn't work, so just awaiting my court date.
I will post any updates I get or any more evidence against Premier Park Ltd at Halfords Car Park Darlington, so others may be helped too.

Littlewadie

Update:
I have received my court date and it is the end of March.
Now I need to send everything to the courts at least 14 days before my hearing date.
Does this mean everything, my previous appeal letter, my defence I filled in, all the info I have already sent?
As well as the BPA code of practice, about disabled parking and signage, the Section on indirect discrimination (regarding tours), witness statement - I am gathering my statement and the other people in the car backing up what I have said?
I have also got the Bevis case saved as well as other information on here on abuse of process.
I want to include as much as I can but don't want to put unnecessary paperwork in that will just make me look a fool.
Many Thanks Again

nosferatu1001

Not your defence. It doesnt say that in the court doc, and it doesnt say that in the newbie thread either! This stage is *completely* covered in that thread.

You include:
1) YOUR WS
2) Any additional WS from other people in the vehicle, but bear in mind if theyre not in court their evidnece (the WS) carries less weight; however it should carry as much weight as the claimants WS, given they ALSO will not be in court!
3) Additional evidence that backs up YOUR DEFENCE

Coupon-mad

Littlewadie wrote: »

Update:
I have received my court date and it is the end of March.
Now I need to send everything to the courts at least 14 days before my hearing date.
Does this mean everything, my previous appeal letter, my defence I filled in, all the info I have already sent?
As well as the BPA code of practice, about disabled parking and signage, the Section on indirect discrimination (regarding tours), witness statement - I am gathering my statement and the other people in the car backing up what I have said?
I have also got the Bevis case saved as well as other information on here on abuse of process.
I want to include as much as I can but don't want to put unnecessary paperwork in that will just make me look a fool.
Many Thanks Again

Why not read other Premier Park threads ahead of you in the process?

We know it's new to you but the info has been here on the forum all the time and you could learn from the recent wins by reading plenty of threads about BW Legal cases. This has all been done to death and the template WS BW Legal send has been blown apart so many times that most posters in your shoes at this stage, are expecting it and have already drafted their WS, costs schedule, etc.

Defence was not your only job and I am glad you have gathered a lot of info, so maybe you are ready to show us your WS anyway? Don't be shy, let's get this right.

Don't worry about paperwork making you look foolish; you won't!

But you do not need to show the court all the letters (who cares about them, that is not supporting your defence - re-read it to remind yourself). What you need is a WS and evidence, and supplementary WS about the added £60, and a costs schedule like in all the other BW Legal cases.

Littlewadie

Sorry, maybe worded wrong, I mean it asks for original documents must be brought, but was confused that they needed them ahead of time, along with the witness statements, so I would need to send all my original photos, maps with positions of signs and such? which these were in my original appeal letter and defence so didn't know if I just re worded my defence into a WS and have my photos as exhibits, or just send the defence along with the WS.
Now I am also including parts of the BPA CoP, do I need to send all of it or just the relevant parts?
Also the same with the EHRC about tours & indirect discrimination?
I have been writing my WS out on paper first so I can rough copy it, I'm a bit old school about it and flick between different papers and correct or add as I go.
I have saved and copy and pasted into word a lot of the threads about witness statements and skeleton arguments and costs, so I do feel relatively informed and have an understanding on what to say, but I got a little confused as to what I am doing with it all and how best to tackle it and convey what I want to say.
so the £60 is the part about abuse of process correct? Is there anything else I can include about the other costs, the interest, court fees and legal costs?
I will upload my ws when I have it on my computer and see if It is right.
Many thanks for your help

Le_Kirk

When you refer to items such as the BPA CoP, you do only need to print and submit parts relevant to your defence. If you are typing it into Word, DO NOT try to copy and paste directly into the forum, you will find your IP address banned. Do it via Notepad or Wordpad or similar. Only the £60 is abuse of process, the interest, court fees etc. are allowed. Check out the CPRs (ask Auntie Google) for the full list of what is and is not allowed to be claimed by claimants.

nosferatu1001

Originals are brought with you on the day
You are making two copies - one for the court, and one for the claimant - and those you serve ahead of time, as per the instructions on your hearing letter.

Littlewadie

Sorry for the delay I have had some problems with my PC and had to have it repaired.
I have prepared my witness statement but not sure if I am missing information I should be stating. I will be taking all my documents I have sent and received, did I need to mention this in my statement, I know it is not required but it will really be just to look back on if I need to answer anything and didn't want to be told I didn't list it or something. Should I add in the Bevis case? 
I have also prepared a costs form to claim back
But regards to my other witnesses, one was my mam and she has just come out of hospital and has had surgery, she will not be well enough to go to court so how should I proceed with her statement?
Can I claim costs back for my witnesses?
Any help is really appreciated



IN THE COUNTY COURT

CLAIM No: xxxxxxxxxx

BETWEEN:

Premier Park Limited (Claimant)

-and-

xxxxxxxxxxxx (Defendant)

________________________________________
DEFENCE
________________________________________

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, was parked on the material date in a marked Disabled bay with a valid blue badge in a space allocated by the land owner.

3. The terms on the Claimant's signage are displayed in a font which is too small to be read from a passing vehicle, and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract. I would also like to state that the signs did not comply with the BPA code of practice with regards to letter sizing (see exhibit A & B ) as the road it is entered from has a 30 mph speed limit.

4. Also the positioning of the signs were not clearly set out and not able to be viewed by a disabled person as set out in the BPA code of practice, see section 18.10 ( exhibit C ). It also states that they should be conspicuous in section 18.3 ( also Exhibit C ), please see original photos ( exhibit D ), where signs can not be clearly seen and none are around the disabled parking bays and none are lower to the ground to be read easily.

5. In section 16.5 of the BPA code of practice it states that if the land owner 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. ( See exhibit E )

6. I believe this is an act of indirect discrimination ( see Exhibit F ), as they have not made adjustments to disabled users and have not information on how to appeal on this basis and have ignored the fact that I was using a disabled badge in a disabled parking space.

7. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

8. The Protection of Freedoms Act 2012, Schedule 4, at Section 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. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

9. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.

Name
Signature
Date