Civil Enforcement Defence (Partner with type 1 diabetes)

Hoggyy210

KeithP said:

Hoggyy210 said:

would you guys recommend using coupon-mad's template as is (obviously changing the red text as instructed) or should i be altering each of the points?

Use CM's template.

But I have already said that on 8 March at 5:30PM on your other thread.

I followed your advice and have been using it! My question was to whether I should be altering anything other than the red text

Hoggyy210

I have just revisited the car park and it seems I have looked at the wrong signs. The 20min maximum stay is for the car park right next to the one I had the claim from. Also the car park has now plastered every meter in signs, this was not the case when original pcn happened.
 So I now need to alter my #17 but unsure how to go about that. Can my defence rely on the fact I wasn't actually using their facility or that it was a medical necessity? 

Hoggyy210

Forgot to mention the car park has no maximum stay. No matter how long you are there they will get you unless you log your car in at the bar. This was not clear. 

Le_Kirk

Hoggyy210 said:

Forgot to mention the car park has no maximum stay. No matter how long you are there they will get you unless you log your car in at the bar. This was not clear. 

Right there then is one of your defence points.

Hoggyy210

Updated paragraph for the new circumstances - 

17.     The defendant was unaware of needing to register for a permit at the bar due to poor signage at the time and did not intend to stay on the land for 22 minutes whilst picking up a patron of the facility. This was unavoidable under mitigating circumstances. The patron in question suffered a hypoglycaemic attack due to her type 1 diabetes whilst inside the facility and was unable to vacate in time. Recovery time for hypoglycaemia varies on the severity but can be expected to take up to 20 minutes, this does not include the time it takes to walk to the car and exit the grounds. The time spent on the land was a medical necessity and was not for personal gain. Had the defendant seen the signs for registering the vehicle, there would have been no issue in doing so. Under the 2010 Equality Act, a person has a disability if a person has a physical or mental impairment, and the impairment has a substantial adverse effect on the person’s ability to carry out normal day-to-day activities. Type 1 diabetes is defined as a disability. The Equality act 2010 also states that a person discriminates against a disabled person if they are treated unfavourably because of something arising in consequence of their disability. If the patron did not suffer a hypoglycaemic attack, the land would have been vacated much sooner, eliminating the need for a permit.

how does this look? is there anything i should take out or add in? 

D_P_Dance

I very much doubt that they will be daft enough to take this to court.  The phrase "short and curlies" comes to mind.  However if they do, consider a counter claim  for disability discrimination

Hoggyy210

I hope they dont try to take it to court but if they do, i will 100% make a counter claim. 
Should i be including all appendicies in coupon-mad's template? 
on #5 of the template it has (Appendix A) and (Appendix in red, is it just the case of changing the colour back to black? im not too sure what im supposed to do here.
also, im not sure what to do here. #20 has this in red (Companies House lists their company number as xxxxxxxx).  
sorry if im sounding stupid, i dont want to get any of this wrong

Coupon-mad

im not sure what to do here. #20 has this in red (Companies House lists their company number as xxxxxxxx).

Kind of thought there was a big clue in the sentence, and I wrote it to make it obvious to newbies, where to find the company number of any parking firm.

Yes you change the red back to black and the three appendices headings are only in red to make sure people actually attach the third one...which is linked in the template defence thread.

Hoggyy210

All sorted. Thank you!
i wasn't aware of companies house.
Thank you for the template also, its made this stressful situation much easier. i'm a full time student, so finding time to do this has been difficult, writing a defence from scratch would have been almost impossible.

Coupon-mad

No worries, but do be aware that the CCBC is temporarily closed - albeit you will get a MCOL acknowledgement of the defence telling you that.   Do that FIRST.

Then second, please also email CEL a copy of the defence you emailed to the CCBC - forward the whole thing and the 3 appendices - as a belt & braces approach, telling them that you HAVE defended the case and are sharing a copy with them to:

(a)  prove it was emailed in time, and
(b) in the interests of expediting CEL reviewing the facts, discontinuing & not wasting the overstretched court services' time.  Clearly there is no cause of action and the claim is inflated to include a substantial sum that they are not and never were entitled to claim, which is an abuse of process in itself.