Advice re blue badge owner

[Deleted User]

Redx said:

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

Thank you. I'll do as you suggested.

I've tried googling this typing "letter before claim" and can't find a template or help to know what to draft. Could you please point me in the right direction of possible?

Thank you again.

D_P_Dance

 I'm disabled with a blue badge, 

Read this and get your MP on side PDQ

https://www.equalityhumanrights.com/en/advice-and-guidance/your-rights-under-equality-act-2010

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

[Deleted User]

Hello,

I'm just writing and reading through the letter before claim that I will send.

Should I be sending this to the car park operator please?

Thank you

D_P_Dance

Why are you asking us, does the form not tell you?

Redx

HotelUniform74 said:

Hello,

I'm just writing and reading through the letter before claim that I will send.

Should I be sending this to the car park operator please?

Thank you

An LBC goes to the parking company (claimant) and the landowner too if possible

[Deleted User]

Redx said:

HotelUniform74 said:

Hello,

I'm just writing and reading through the letter before claim that I will send.

Should I be sending this to the car park operator please?

Thank you

An LBC goes to the parking company (claimant) and the landowner too if possible

I've tried to find out who the landowner is, I believe it is the Ivybridge Freemasons. I sent them a copy of the invoice received from PPS and an appeal to them to cancel it, but this letter was returned to sender (me) after about a month. Should I still send the letter before claim to them? 

D_P_Dance

Your choice, 

[Deleted User]

D_P_Dance said:

Why are you asking us, does the form not tell you?

I'm sorry, I don't understand...

[Deleted User]

OK. I've spent all morning doing my letter before claim. Could any of you kind people please give me some constructive criticism or help with the below? Thanks ever so much!

LETTER BEFORE CLAIM

You state that I should have paid a total of £2.70 for the period of parking, but I believe this charge constitutes both an unfair contract under the Consumer Rights Act (CRA) (2015) and is also a  breach of the contra proferentem rule. Your signage does not indicate a charge for partial hours, only for full hours and as said signage can be considered to be ambiguous the term should be interpreted against the interests of the party that created, introduced, or requested that a clause be included. You claim to be a member of both the British Parking Association (BPS) and the Independent Parking Committee (IPC). Your notice to keeper indicates a period of parking from 17:51 to 19:07. As this notice does not state the grace period given, this breaches S16.1 and S16.2 of the BPA’s code of practice (CoP) and S15.1 and S15.2 of the IPC’s CoP. 

You have failed to make ‘reasonable adjustments’ to remove barriers for a disabled person and in so doing, this action contravenes S16 and S21 of The Equality Act (2010).  The legibility and ambiguity of the terms and conditions on your signage, and my inability to read said signage from the disabled bay at your clients car park puts me at a disadvantage compared to an able-bodied person. I have also been put at a disadvantage through being denied an extended grace period. Additionally, your actions contravene S16.1 and S16.2  of the BPA’s CoP by not providing a reasonable adjustment in terms of both increased legibility of signage and the terms and conditions therein, and also by failing to recognise that “some disabled people may take a long time to get to the payment machine.”

As I addressed my disability in my appeal to you, including a copy of my blue badge, you were therefore aware of my disability and thus had the opportunity to cancel the invoice at the appeal stage. S16.2 of the Equality Act (2010) does not therefore apply in this instance. Additionally, chapter 5, S.39 of the EHRC Services, Public functions and Associations Statutory code of practice states that there is an anticipatory mandatory duty to consider, in advance, the likely needs and adjustments of the disabled population at large. As I have stated to you in my appeal that I held a blue badge at the time of parking and have difficulties that require an extended grace period, you have therefore discriminated against me.

In the well-known case of Vento v Chief Constable of West Yorkshire Police No. 2 (2003) the Court of Appeal set guidelines on the amount of compensation to be given for injury to feelings (the so-called Vento bands). The lower band is appropriate for less serious cases such as where the act of discrimination is an isolated or one off occurrence.

Estimated Claim

Failure to make reasonable adjustments (indirect discrimination) and damages from injury to feelings: £1250.

What You Need To Do Now

Payment of £1250 or your reasons for non payment are required by 15th April 2020 to avoid the above legal action.

knightstyle

If I were you I would write to:

Provincial Grand Lodge of Devonshire

The Provincial Office,
Unit 7, Harrier Court
Exeter Airport, Clyst Honiton
Devon EX5 2DR