Defence to letter received from CCBC 09.03.20

Fruitcake

It sounds like the car briefly stopped for a disabled passenger with protected characteristics in accordance with the Equality Act 2010 to get out of the vehicle (possibly assisted by the driver) and pass through a gate to get to another property. 
The car was then moved to a different location.
Is this the case?

What happened when you complained to the landowner and mentioned this breach of the Equality Act?

Have you complained to your MP yet about this unregulated scam?

If the incident did not occur on land where you live, then do not reveal the driver's identity. Primacy of contract will not apply.

You should read and use in your defence the case of Jopson vs Honmeguard where the judge defined briefly stopping for passengers to alight as opposed to the vehicle being parked, Read especially paragraphs 19 and 20.
Do include the abuse of process defence points about the fake add on debt recovery and admin charges. 
Do include the EA 2010 defence about reasonable adjustments being necessary for people with protected characteristics (your parent).


Hopefully we have helped you. Please now help our NHS heroes by signing this petition.

https://www.change.org/p/boris-johnson-hospital-staff-shouldn-t-have-to-pay-onsite-parking?source_location=petitions_browse

D_P_Dance

In addition to the fixed charges, read about "unreasonable behaviour" costs, CPR27.14(2)(g). and consider counter claiming.

Sabs2020

Fruitcake said:

It sounds like the car briefly stopped for a disabled passenger with protected characteristics in accordance with the Equality Act 2010 to get out of the vehicle (possibly assisted by the driver) and pass through a gate to get to another property. 
The car was then moved to a different location.
Is this the case?

What happened when you complained to the landowner and mentioned this breach of the Equality Act?

Have you complained to your MP yet about this unregulated scam?

If the incident did not occur on land where you live, then do not reveal the driver's identity. Primacy of contract will not apply.

You should read and use in your defence the case of Jopson vs Honmeguard where the judge defined briefly stopping for passengers to alight as opposed to the vehicle being parked, Read especially paragraphs 19 and 20.
Do include the abuse of process defence points about the fake add on debt recovery and admin charges. 
Do include the EA 2010 defence about reasonable adjustments being necessary for people with protected characteristics (your parent).


Hopefully we have helped you. Please now help our NHS heroes by signing this petition.

Thank you Fruitcake, the description is correct and this is what happened. I didn't make any complaint, and the car was not on the land belonging to my property. My parent was only visiting and is not living with me on regular basis. 

Can I still describe/explain what has happened (in point #16#17) but don't admit that I was a driver and make defence as a keeper? I'm sure they will ask how do I know what has happened but don't know who was the driver? 
I will also have a read on the Jopson vs Honmeguard case thanks!

Thanks!

Ps. petition signed! can't believe they are still sending people to put tickets on NHS staff cars during this awful times!

Sabs2020

Redx said:

you havent given us the total claimed and full costs breakdown, yet you ask for an answer , we can already see they are claiming the spurious abuse of process £60 additional charge for example

here is the typical costs claim for one pcn charge

you can settle out of court anytime you like, but preferably for a lower figure than say £200

@redx sorry! Learning here, I promise! 
Amount Claimed: £168.28
Court fee £25.00
Legal representative cost £50
Total amount: £243.28

just for my info, if you do decide to settle later on (during proceeding) what you need to do? 
Thanks again!

Redx

you would negotiate a settlement figure with the claimant and pay the claimant so they discontinue

even if you lost this case the loss should be £200 or probably less, so no way should anyone be paying £243.28 , take say £60 off that figure and you have the true figure which is clearly less than £200

the original charge was £100 , not £168.28 , so they added £60 debt collectors fee (unlawful) plus the interest too

beamerguy

Sabs2020   .... you must have realised by now that you are dealing with a bunch of clowns ???

Gladstones are now in a feeble attempt to support the IPC scam they set up.

You have enough information on this forum to get Gladstones yet another spanking
ABUSE OF PROCESS PART 1
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal/p1?new=1

ABUSE OF PROCESS PART 2
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

Why even think about paying them when you can claim your costs when you win and they pay you ?

Don't be fooled about the word "solicitors"  ???   Real solicitors do not behave as money bandits

Sabs2020

Apologies if it is stupid question but on AoS do you tick 
-I intend to defend all of this claim or
- I intend to contest jurisdiction 
I understand that the rest of the details you would provide as requested? 
thank you!

Redx

if you are in England or Wales, read the timeline on AOS from the NEWBIES FAQ sticky thread , after reading the post by KeithP and his links

its not a stupid question, its an unnecessary question because you were given guidance by KeithP yesterday on page 1 , showing that you are not reading and digesting guidance and advice already given

Coupon-mad

Sabs2020 said:

Apologies if it is stupid question but on AoS do you tick 
-I intend to defend all of this claim or
- I intend to contest jurisdiction 
I understand that the rest of the details you would provide as requested? 
thank you!

There is a pictorial link guide to every question in the NEWBIES thread.  i.e. AOS is shown in pictures.  There is no need for any questions about this stage.

No-one would settle pre-hearing. 

And in your case, ADMIT to being the driver.  It will be an easier and far more honest and compelling defence position.  Dropping off a disabled person is not parking, it is 'assisted boarding/alighting' as defined by Council exemptions on street, where you should have stopped on a double yellow to do exactly that.    It is EXEMPT from ticketing on street.

Never drive into a private car park for exempt dropping off; there is no need to put yourself in the firing line of a parking firm who don't operate to the same rules as Councils.

Sabs2020

I have filed the AoS and now I'm working on my defence. As per Coupon mad advise I think it will best to admit that I was a driver, therefore I'm assuming that the description on the defence example under point #16 would not apply in my case? I would like to use the argument that "It is not established thus far, whether the car was parked, or just stopped momentarily and caught by predatory ticketing" as this apply here but not sure how to contract the rest of the defence? 

I would like to provide the below explanation which I'm assuming will be in point #17

On the date (15/06/20219 I have briefly stopped a vehicle on the road next to the block of flat in which I leave. The mentioned road is a private road that do not belong to the building I’m living in however my back entrance (from the block) is accessed through that road. The reason for my brief stop was due to helping my disable parent to get out of the vehicle, and to the back gate through which my parent was able to access lift in our building and return to the flat.

The pictures taken of the vehicle were from significant distance (50 meters) which might suggest that the person taking the picture was observing us leaving the car. No notice was left on my car.

I would like to mention, that my parent was only visiting and it is not permanently leaving with me. The main entrance to the block is on the main, very busy road and it is not safe to assist my parent to access the building.

 

Questions:

1. Is my explanation too brief? Should I add any more details? 
2. Do I mention about the pictures being taken from the distance? All the pictures taken were within 14 seconds
3. Would I have to provide a proof that my parent is disable? I will be happy to provide a copy of his disable badge however as he lives in my home country this will not be in English?
4. Do I attach the case of Jopson vs Honmeguard to my defence? 

Thanks Everyone