Advice re blue badge owner

Fruitcake

They are two separate things. One is that they have provided no proof that the two system clocks are synchronised together. Taking it to its extreme, if the two systems were a long way out of synch, it would be possible that the time a ticket was paid for on one system was recorded before the time on the ANPR camera recorded the vehicle entering the car park.  

It would be like arriving at a GP surgery where the waiting room clock says you are two minutes early, and therefore on time, but the clock in the doctor's office says you are three minutes late, therefore you've missed your appointment and they refuse to see you. Both clocks are operated by the surgery, but they are not synchronised.

The other issue is the EA 2010 that says reasonable adjustments must be made for people with disabilities, even if they don't know to start with that the motorist has a disability. A reasonable adjustment for someone who has difficulty to move/walk/wheel themselves, or takes longer to read and assimilate information than others, would be to allow them extra time to perform those tasks.

In any case, ANPR does not record parking time, only time on site.

[Deleted User]

Fruitcake said:

They are two separate things. One is that they have provided no proof that the two system clocks are synchronised together. Taking it to its extreme, if the two systems were a long way out of synch, it would be possible that the time a ticket was paid for on one system was recorded before the time on the ANPR camera recorded the vehicle entering the car park.  

It would be like arriving at a GP surgery where the waiting room clock says you are two minutes early, and therefore on time, but the clock in the doctor's office says you are three minutes late, therefore you've missed your appointment and they refuse to see you. Both clocks are operated by the surgery, but they are not synchronised.

The other issue is the EA 2010 that says reasonable adjustments must be made for people with disabilities, even if they don't know to start with that the motorist has a disability. A reasonable adjustment for someone who has difficulty to move/walk/wheel themselves, or takes longer to read and assimilate information than others, would be to allow them extra time to perform those tasks.

In any case, ANPR does not record parking time, only time on site.

That's really helpful @Fruitcake. Thank you.

Coupon-mad

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

The EA has replaced the DDA but that old 2010 article explains the discrimination.

[Deleted User]

Just a small update.

BW Legal tried to phone me today, I declined the call and have blocked their number to prevent further harassment. As far as I'm concerned, they can put anything they have to say to me in writing.

How long until the WS stage anyone? MCOL still says AOS is the latest stage, the claim was entered against me 3 months ago now, seems to be dragging on.

Cheers.

Jenni_D

Did you file a defence? It should certainly be updated to show that! If it doesn't then I'm amazed that the PPC hasn't filed for a default judgment yet.

[Deleted User]

Jenni_D said:

Did you file a defence? It should certainly be updated to show that! If it doesn't then I'm amazed that the PPC hasn't filed for a default judgment yet.

Hi Jenni, thanks for replying.

I can't see the defence on MCOL, I know they've got it because I sent it to the MCOL email address and BW Legal replied to my defence in writing and I have their reply. Seems a bit strange then?

Fruitcake

AoS is followed by the defendant submitting their defence, then submitting the N180 when the court tells them to, then WS and exhibits usually no later than the court hearing date.

Hopefully MCOL should say your defence was received, otherwise you are in trouble. If it doesn't, then you need to contact the court to find out what happened as you could end up with a judgment in default otherwise.
The courts system has been having problems for several months, and we keep seeing sad tales where the court hasn't received something.
This seems to now be quite common if anything is sent outside the courts office opening hours.
It's a glitch, but has yet to fixed, and can cause much misery in the meantime.

If the court has received your defence, what you don't know is when the court forwarded your defence to the claimant, and therefore if or when they have decided to proceed.

[Deleted User]

Fruitcake said:

AoS is followed by the defendant submitting their defence, then submitting the N180 when the court tells them to, then WS and exhibits usually no later than the court hearing date.

Hopefully MCOL should say your defence was received, otherwise you are in trouble. What you don't know is when the court forwarded your defence to the claimant, and therefore if or when they have decided to proceed.

Hi Fruitcake, hope you're doing well.

I've clicked on my claim number in MCOL and it says:

"Available options

You have submitted a Defence or Part Admission."

Fruitcake

That's good news then. I added a few more comments to my previous post.

I think it wouldn't hurt to ring and find out if your defence was sent to the claimant, as that will give you an idea what you are waiting for. You also want to know if the court has sent you the N180.

In other words, you need to make sure everything is flowing correctly in both directions.

[Deleted User]

Fruitcake said:

That's good news then. I added a few more comments to my previous post.

I think it wouldn't hurt to ring and find out if your defence was sent to the claimant, as that will give you an idea what you are waiting for. You also want to know if the court has sent you the N180.

In other words, you need to make sure everything is flowing correctly in both directions.

Hi again.

Claimant received my defence as I have their reply to my counterclaim. I also have completed and fired off the N180 form.

MCOL says "Your defence was received on 08/12/2021"

I'll phone MCOL and find out what is going on. I suspect BW legal haven't decided whether to proceed or not, hence the phone call today. 

Thank you.