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Advice re blue badge owner

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Comments

  • Coupon-mad
    Coupon-mad Posts: 152,750 Forumite
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    You already said it and I was just replying:
    the Claimant is just completing pre-action protocol


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  • Jenni_D said:
    It's up to the judge ... they don't always agree that the claimant has acted unreasonably in seeking to recover the "debt" prior to court action, and it's nothing unusual. Don't fret about it.
    So there would be no point arguing along the line of harassment if that's the judge's opinion before she's heard me? Or would I still lay out my argument?

    Thanks.
  • Coupon-mad
    Coupon-mad Posts: 152,750 Forumite
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    edited 14 June 2022 at 3:54PM
    No, think of it that she's given you a heads up that she's not with you at this point!

    I'd consider that a challenge, if it were me.

    Also, surely your CC didn't just rely on HARASSMENT?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    100 Posts Second Anniversary Name Dropper
    edited 14 June 2022 at 4:04PM
    No, think of it that she's given you a heads up that she's not with you at this point!

    I'd consider that a challenge, if it were me.

    Also, surely your CC didn't just rely on HARASSMENT?
    Please see my crib sheet on previous page 37. I was literally planning to go through it point by point.

    To my mind the harassment arises where I've identified myself as disabled and they continue to demand money. At that point it is harassment as a reasonable person should cancel PCN 

    I like that you say its a challenge, that's my mind too, but on the other hand I wouldn't want to contradict the Judge, would I?
  • Coupon-mad
    Coupon-mad Posts: 152,750 Forumite
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    edited 14 June 2022 at 4:12PM
    She hasn't closed that door.  She gave you a heads up that she isn't on your page.

    Take her to that page and show that this is well beyond the reasonable steps in the PAP, and show her that harassing a disabled person for money they do not owe is discrimination (Harassment is specifically a separate offence in the EA 2010 in its own right).

    Also the CEL v Simon Clay case shows compensation for distress can also be awarded where a PPC has no reason to process your data.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • How did you get on? Its really pathetic how we tax paying citizens of this country are made to go to court for petty things like this, we the people are to blame for allowing this to happen. I have my remote hearing next month. The sad thing is they have ruined peoples credit report and futures. Again we the population of the country are to blame for allowing this to happen. 
  • Jenni_D
    Jenni_D Posts: 5,434 Forumite
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    Go back one page and you'll find out the current status. ;) 
    Jenni x
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    100 Posts Second Anniversary Name Dropper
    edited 24 June 2022 at 10:38AM
    Hello again everyone.

    The Court has written to me again with my new date: 16th September.

    The time estimate is 3 hours and it's taking place at the Court.

    It looks like I'm going to have to reapply for a remote hearing.

    Also, I don't have the stamina to sit and talk for 3 hours, my medical condition causes fatigue based on physical and/or cognitive effort.

    Can I request the hearing be broken up into 4 parts with a 10-15 minute recess in between?

    Thank you
  • Umkomaas
    Umkomaas Posts: 43,428 Forumite
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    Can I request the hearing be broken up into 4 parts with a 10-15 minute recess in between?
    You can ask what you want. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 152,750 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As you are asking for a reasonable adjustment under the Equality Act 2010 then you can certainly ask.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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