Advice re blue badge owner

Jenni_D

My understanding is that a skelly can be submitted a week before the hearing, but wait for confirmation.

[Deleted User]

Jenni_D said:

My understanding is that a skelly can be submitted a week before the hearing, but wait for confirmation.

It says here at least 3 days here:

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/trial-arrangements#:~:text=The parties must file with the court and exchange skeleton,a lawyer to prepare this

My concern is the wording of the court order: 

 "by 4.00pm on 18th May 2022 the defendant must send to the court and to the Claimant copies of all the documents he intends to rely upon at the final hearing".

Why does there appear to be a contradiction or is it just my lack of understanding of the process?

Thanks.

Le_Kirk

Is it such a complicated case that you really need a skeleton argument?  Unless your defence and witness statement are 100 pages long or more, why can they not stand on their own as your case?  A skeleton argument is only a summary of the case with pointers to where the back up evidence can be found and this could/should be in the WS.

[Deleted User]

Le_Kirk said:

Is it such a complicated case that you really need a skeleton argument?  Unless your defence and witness statement are 100 pages long or more, why can they not stand on their own as your case?  A skeleton argument is only a summary of the case with pointers to where the back up evidence can be found and this could/should be in the WS.

Hi @Le_Kirk. Thanks for the message

My WS is 102 pages long as it includes comms from the Claimant and myself (which includes my defence) and I'm using the comms to support my chronology and as evidence. 

The skeleton argument was useful for me in formulating my WS and I imagine it will also be useful at the hearing.

The Claimant has tried to argue I don't understand how the law applies to my case and as this is a document I've written myself, this supports the view that I do understand the relevant law in the area.

Do you think I need an authorities bundle with supporting domestic legislation and authorities as well?

Coupon-mad

Yes you do need your skelly in your case - the legal basis for the counterclaim is complucated/detailed and it will be easier for the Judge to read.

I'd send the WS and photo/simple (non legal case) exhibits by a separate email than the skelly.  State in the body of the first email that your skeleton argument and case authority bundle will follow.

But to cover yourself, maybe also email the skelly and bundle tomorrow as you have it ready.  Why not get it done and dusted and get that monkey off your back. Stops any whining from the claimant's legal rep about any possibility of lateness.

Of course both emails go to the local court (not CCBC) and the solicitors BUT NOT the parking firm claimant.  They aren't handling the case; that's why they are using a solicitor!

No need to append statute law nor the Beavis case.  Judge has access to both.

[Deleted User]

Coupon-mad said:

Yes you do need your skelly in your case - the legal basis for the counterclaim is complucated/detailed and it will be easier for the Judge to read.

I'd send the WS and photo/simple (non legal case) exhibits by a separate email than the skelly.  State in the body of the first email that your skeleton argument and case authority bundle will follow.

But to cover yourself, maybe also email the skelly and bundle tomorrow as you have it ready.  Why not get it done and dusted and get that monkey off your back. Stops any whining from the claimant's legal rep about any possibility of lateness.

Of course both emails go to the local court (not CCBC) and the solicitors BUT NOT the parking firm claimant.  They aren't handling the case; that's why they are using a solicitor!

No need to append statute law nor the Beavis case.  Judge has access to both.

I'm working on an authorities bundle in the (hopefully unlikely) scenario the Claimant lose, have to pay £1,000s and then decide to appeal it. I'm including a 'Volume 1' that covers domestic legislation (not exhaustive) and 'Volume 2' that covers domestic authorities. It is going to be over 400 pages(!)

I can complete it now before the hearing while I feel my understanding of the relevant law is sufficient. I don't know if I will get this done by 4.00 pm tomorrow and feel hard done by that the Court haven't extended my deadline at this stage.

I've also amended my WS slightly over the last few days and I have a copy I can send now if the Court don't respond to my request for a reasonable adjustment in time for the deadline they've imposed on me at 4.00 pm tomorrow.

Thanks again, @Coupon-Mad

[Deleted User]

How does this sound in the body of the email to the Court and the Claimant?

Dear Sir/ Madam,

Please find my Witness Statement attached.

A skeleton argument and authorities bundle will follow to support my defence and the counterclaim at least 3 days before the trial.

Pursuant to Practice Direction 1A: participation of vulnerable parties or witnesses' rules 1-9

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part01/practice-direction-1a-participation-of-vulnerable-parties-or-witnesses

1. I state that my vulnerability as a disabled person will impede participation and also diminish the quality of evidence. All parties may find relevant documentary evidence of my disability attached to my Witness Statement and in Exhibit XX-16. 

2. I ask again for a 'reasonable adjustment' under the above and under s.20 Equality Act 2010 including:

(a) remote hearing and 

(b) extra time to prepare my Defence. 

A remote hearing is within the Court's authority under 'Practice Direction 1A' 8 (c) in relation to 'Special Measures' 10 (e). 

3. The Claimant has threatened in their Witness Statement to cross-examine me. I ask that the Court uses its power under 8 (d) of 'Practice Direction 1A' and under Rule 27.8 'Conduct of the Hearing' to prohibit the use of cross-examination due to my position as a vulnerable party.

Yours sincerely,

Coupon-mad

Remove ' my Defence' from (b).  You did your defence months ago.

Change it to 'prepare myself for my case'.

[Deleted User]

Hello everybody.

I'm reflecting on the Claimant's WS and my WS/ Defence, and wonder if it is worth cross-examining the Claimant at Court?


1) The Claimant is pretending the Equality Act doesn't exist. They include the term 'protected characteristics' in a subtitle referring to me as a disabled person. The first link you can find if you google this term is to a government page titled 'discrimination: your rights' which refers explicitly to the EA. It seems impossible that they can use this term without understanding its origination in the EA.

2) They state (para 47) "The Terms and Conditions displayed on the signage in the private car park clearly state that Blue Badge holders are not exempt". Is this a deliberate misrepresentation of the law as they *must* know of the Claimant's statutory duty to provide reasonable adjustments? They also stated in their Defence to my CC that the Claimant decides what reasonable adjustments to make. This is against 3 examples of case law I cited in my WS.

3) They then go on to say (para 54.3) I'm liable because i've breached the T&Cs. Even if this was true, the terms of their contract are inferior to the EA which they are in breach of. 

4) Claimant's own CoP mention grace periods, yet they say (para 40) "The Defendant's vehicle remained in the car park for 1 hour, 16 minutes and 33 seconds... 16 minutes and 33 seconds longer than the time he paid for". They are in breach of their own CoP as they make no allowance for any grace period here. To compound this the state at para 5 that "the Claimant had to adhere to the Trade Associations CoP". Are they digging their own grave here? They breach their own CoP with relation to signage (text size, illumination), disabled access (this must be massive?!?) and possibly also landowner's consent yet claim i'm the one in breach of contract.

5) How can I be in breach of a contract where the Claimant fails to uphold the terms of their CoP in relation to this contract?

6) The Claimant was indirectly discriminating against me from the moment I pressed the "green button" as the duty to make reasonable adjustments is anticipatory. By failing to reasonably adjust signage legibility and giving more time (every other car park I've surveyed, including private ones offer an extra HOUR for disabled people correctly displaying their Blue Badge) they put disabled users trying to access their service at disadvantage and cause detriment. Sending a PCN is harassment at this point.

7) Direct discrimination arose when they were aware of my disability (documentary evidence of my Blue Badge) and failed to offer a retrospective reasonable adjustment. In fact they charged me a penalty - extra £60  a couple of letters later. They continued to pursue me for money for another 30 month, and further escalated their demands. This course of conduct is harassment and also victimisation as I allege I made a 'protected act' by filing a counterclaim against them.

8) They claim their debt recovery costs are valid because they claim they carry out (para 51) "validation... and conflict checks on the Defendant's matter". They repeatedly state their letters are "quality checked". Given a legal representative understands law in this area, including service-providers obligations under the law inc. the EA, Is this an admission their discrimination and harassment is deliberate? I can't see any other explanation. They hold 10+ pieces of documentary evidence of my disability.

How would I conduct a cross-examination and are there any questions worth posing to them on the above?

Am I missing anything? 

Cheers!

[Deleted User]

@Fruitcake

I upload the lease contract between landowner and Claimant with personal info redacted. I hope this is useful.

https://www.dropbox.com/sh/y403j0kjxjnwkug/AABUd4E69ohHUH9NoA3wYaSNa?dl=0