Advice re blue badge owner

KeithP

HotelUniform74 said:

KeithP said:

HotelUniform74 said:

I've received a claim form from County Court Business Centre in Northampton this morning, issue date 18/11/2021.

With a Claim Issue Date of 18th November, you have until Tuesday 7th December to file an Acknowledgment of Service. Do not file an AoS before 23rd November, but otherwise there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Tuesday 21st December 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Brilliant thanks. I just completed this.

I'm sorry, I don't understand.
What have you just completed?
You've filed a Defence already? Well done.

Redx

HotelUniform74 said:

KeithP said:

HotelUniform74 said:

I've received a claim form from County Court Business Centre in Northampton this morning, issue date 18/11/2021.

With a Claim Issue Date of 18th November, you have until Tuesday 7th December to file an Acknowledgment of Service. Do not file an AoS before 23rd November, but otherwise there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Tuesday 21st December 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Brilliant thanks. I just completed this.

You were told not to complete the AOS until next Tuesday or later , not today

If you have done it early , the the defence deadline is earlier too , so maybe by the 17th December ?

[Deleted User]

KeithP said:

HotelUniform74 said:

KeithP said:

HotelUniform74 said:

I've received a claim form from County Court Business Centre in Northampton this morning, issue date 18/11/2021.

With a Claim Issue Date of 18th November, you have until Tuesday 7th December to file an Acknowledgment of Service. Do not file an AoS before 23rd November, but otherwise there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Tuesday 21st December 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Brilliant thanks. I just completed this.

I'm sorry, I don't understand.
What have you just completed?
You've filed a Defence already? Well done.

I filed the AoS. I'm working through the material above and here: https://forums.moneysavingexpert.com/discussion/6149245/90-seconds-part-two/p22 to develop my defence. Thank you.

[Deleted User]

Redx said:

HotelUniform74 said:

KeithP said:

HotelUniform74 said:

I've received a claim form from County Court Business Centre in Northampton this morning, issue date 18/11/2021.

With a Claim Issue Date of 18th November, you have until Tuesday 7th December to file an Acknowledgment of Service. Do not file an AoS before 23rd November, but otherwise there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Tuesday 21st December 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Brilliant thanks. I just completed this.

You were told not to complete the AOS until next Tuesday or later , not today

If you have done it early , the the defence deadline is earlier too , so maybe by the 17th December ?

Ok I will work towards the 17th of December, thank you for your help.

[Deleted User]

Hello again.

I want to include some additional text in my defence based on the below:

1. my ticket was bought at 17:55 for an hour, costing 70p. The ticket says it expired at 18:00. The signage says 70p an hour from 08:00 til 18:00, then £2 flat rate from 18:00 til 08:00.

2. The communication I received from PPS (claimant) in reply to my appeal (December 2019) says that I overstayed by 16 minutes, having entered the car park at 17:55 and exited the car park at 19:07 the same day. They also state "they (your driver) would have needed to pay £0.70 from the time of entry at 17:51 until 6pm and another £2.00 from 6pm until the time that they leave the car park or upto 8am the next morning".

3.So they're seriously expecting a disabled person to pay from entry(!) to the car park (9 minutes), come back to the car at 18:00 and pay another £2.00? This seems really unreasonable to me, given that they include a photocopy of my blue badge along with the above, so they are aware they are dealing with a disabled person. This also appears to be contradicted by bwlegal in their reply to my letter before claim (April 2020) where they state "Our client is not obliged to provide parking for partial hours. You paid for 1 hours parking and overstayed by 16 minutes".

4.PPS are a member of the IPC and the IPC state that a grace period should be 10 minutes "The IPC Code of Practice stipulates that a parking operator must allow a motorist 10 minutes after the expiry of a permitted period of parking, to leave a car park without incurring a parking charge." 
https://theipc.info/brandings/2/resources/documents/Marking the lines v1 14102019.pdf

I can't find where the IPC CoP doesn't state the above 10 minutes grace period. How do I then include the relevant clauses in my defence? The only text I can find on their CoP (https://theipc.info/resources/brandings/brandmedia_2_Code-of-Practice.pdf) is:
"#15. Grace Periods 15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site. 15.2 Drivers should be allowed a sufficient amount of time to leave a site after a pre-paid or permitted period of parking has expired."
(https://theipc.info/brandings/2/resources/documents/Marking the lines v1 14102019.pdf)

[b]Please can someone tell if if the below is good enough to include in my defence please? Can this also be included in my counter-claim? Does it matter which number it is included under? Thank you! [/b]

The Equality Act 2010 https://www.legislation.gov.uk/ukpga/2010/15/section/20 states that 20. (3) The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

Having known since December 2019 that the Defendant was a disabled person in possession of a 'blue badge', the Claimant suggests returning to the car after staying for 5 minutes, having paid 70p for an hour's parking, to pay an additional sum of £2. This is unreasonable for a disabled person and puts the Defendant at a "substantial disadvantage". If the Claimant were to rely on the position of their legal representative, bwlegal, that I overstayed by 16 minutes, the IPC Code of Practice (part unknown) persons are entitled to overstay by 10 minutes, known as the 'grace period'. The Defendant argues that it would be reasonable to extend this 'grace period' to at least the additional 6 minutes the Defendant overstayed for, for people with disabilities.

D_P_Dance

Have yoy complain to Age Concern etc.  

[Deleted User]

D_P_Dance said:

Have yoy complain to Age Concern etc.  

Hi, no I haven't. I'm in my 40s. Would it be worthwhile at this late stage? Thank you.

D_P_Dance

It is always worthwhile to bring rthis scam to your MP's attention.  

[Deleted User]

D_P_Dance said:

It is always worthwhile to bring rthis scam to your MP's attention.  

I did back in early 2020. His reply was less than helpful.

Coupon-mad

I think I'd say they are trying to charge a disabled person for the few minutes it took to drive in and later to leave, which is in fact exempt time, the separate 'consideration' period and the 'grace' period.  Whilst the IPC CoP goes some way to state these are two periods, it is vague and fails to mention the time needed for a disabled person at the start and end of parking, which may be longer.

All of this is properly set out in the draft statutory Code based on BSI PAS232, the details of which have been released twice for public consultation and whose enactment is imminent.  In the draft statutory Code which will replace the two self-serving trade body versions, it is clear that the intention is that an average driver is allowed exempt time at the start and time at the end of parking, and disabled persons are allowed more time.

The contract you paid for was the one that applied to vehicles parking before 6pm, which offered parking at £x per hour, that you paid in good faith..

You are not bound by any term that only applied to vehicles entering and reading the terms after 6pm and it seems the system is set up to entrap unsuspecting drivers by taking their money but printing a ticket that, in the small print, reneges on the parking hours offered on the sign.