Advice re blue badge owner

Coupon-mad

The NEWBIES thread is as up to date as the last time I edited it - in 2019!

I already told you NOT to appeal to the IAS then you typed that you were going to appeal. We assume you mean to the scammers and that you will us the blue writing template appeal from the NEWBIES thread, not your own version.

See you in 2020 for a court defence. There is no need for any posts about this stage.

[Deleted User]

Hello,
I received what I assume is a letter before county court action as it gives me 30 days to pay or they will see if parking ticket company wants to take to court.

What do I need to do at this stage please?

[Deleted User]

I'm thinking about possibly submitting a counter-claim for indirect discrimination as the carpark operator didn't disclose when asked their grace period arrangements with the landowner, and I am a blue badge owner.

Is this a sensible thing to do? How would I go about doing it. Thanks.

Redx

A counter claim with fee is submitted in response to their future court claim , not now

If the LBC does not allow 30 days and financial forms were not included , then it's not an LBC (certainly not an LBC if only 14 days were given and not 30 days) , do not fill their forms in and do not telephone any of them either

Email a SAR to the DPO at the PPC and attach a copy of the V5C form as proof of I D under the GDPR law , to obtain all your data

[Deleted User]

Redx said:

A counter claim with fee is submitted in response to their future court claim , not now

If the LBC does not allow 30 days and financial forms were not included , then it's not an LBC (certainly not an LBC if only 14 days were given and not 30 days) , do not fill their forms in and do not telephone any of them either

Email a SAR to the DPO at the PPC and attach a copy of the V5C form as proof of I D under the GDPR law , to obtain all your data

Hi. Thanks for replying.

The letter states I have 16 days before they will send a letter before claim.

I'm not 100% sure if I'm willing to go through with court proceedings, due to my disability and the cognitive impairment it's gifted me.

Do you think a counter claim would "scare then off" and at what point should I decide to just pay in that case?

Thanks again.

Redx

I do not believe that anything will "scare them off"

The decision is pay in full or fight to win

The time for any counter claim is at the defence stage after paperwork has arrived from the CCBC in Northampton

nosferatu1001

If its giving you 16 dyas its NOT a LBC. the other clue is you wont be paying the real company but a debt collector piece of garbage.
A counterclaim will cost you a filing fee and, if they discontinue, you pay the hearing fee as well. If you get help with fees (no idea if you qualify) then from those costs you dont have to worry, of course. 

Coupon-mad

Many cases we help defend are discontinued before hearings, so rest assured we know what we are doing and defending the claim when it comes will be the way forward.  Here is a case with a disabled poster read the whole thing and see how I have tried to argue for costs for her, because she was too scared to counter claim (she should have done):

 https://forums.moneysavingexpert.com/discussion/6073442/pcn-escalated-to-court-proceedings/p1

This is the right way forward for you and that poster, get yourself £1000 or so using the Vento Guidelines:

http://forums.pepipoo.com/index.php?showtopic=132797

In fact, responding to their LBC when it arrives, with your own LBC quoting the level from the Vento Guidelines, might actually scare them off!  You can crib some string words from the Witness Statement I wrote for Little Wadie in that first link, near the end of her thread, and adapt the wording to draw up a letter called a Letter before Counterclaim, and then see what happens!

Also what did the landowner do about it when you complained, if you think there was a breach of the Equality Act?  who is the landowner/retailer or trader at this car park?  They can cancel the PCN and should do if you raise the discrimination issue sharpish, and threaten to sue them as well, if need be!

[Deleted User]

Coupon-mad said:

Many cases we help defend are discontinued before hearings, so rest assured w know what we are doing and defending the claim when it comes will be the way forward.  Here is a case with a disabled poster read the whole thing and see how I have tried to argue for costs for her, because she was too scared to counter claim (she should have done):

 https://forums.moneysavingexpert.com/discussion/6073442/pcn-escalated-to-court-proceedings/p1

This is the right way forward for you and that poster, get yourself £1000 or so using the Vento Guidelines:

http://forums.pepipoo.com/index.php?showtopic=132797

In fact, responding to their LBC when it arrives, with your own LBC quoting the level from the Vento Guidelines, might actually scare them off!  You can crib some string words from the Witness Statement I wrote for Little Wadie in that first link, near the end of her thread, and adapt the wording to draw up a letter called a Letter before Counterclaim, and then see what happens!

Also what did the landowner do about it when you complained, if you think there was a breach of the Equality Act?  who is the landowner/retailer or trader at this car park?  They can cancel the PCN and should do if you raise the discrimination issue sharpish, and threaten to sue them as well, if need be!

Hello, thanks for the message. I've only just seen it now, so apologies for not replying sooner.

From what I could gleen online and help here from others, I believed the landowner was Ivy bridge Freemasons. I wrote to them but had my letter returned to sender a fortnight ago.

I mentioned in my appeal (to carpark leasee, not the trade body) about being disabled, I sent them a copy of my blue badge as proof and enquired about their grace period and it was not mentioned *at all* in their refusal of my appeal.

I've received another letter from BW legal today, saying their client has asked them to proceed to court action, but on the 28th April? So this looks like I've received two letters before action from them now?

Would I raise my letter before counterclaim now or when they serve me court papers on the above date?

Thanks so much. I appreciate you help.

Redx

Do it now , so you are giving them exactly what they are giving you , an LBC