District Enforcement & Gladstones Solicitors

bad_year

Confirmed... the "Parish" council... should i write to them?

Redx

The Equality Act 2010 covered and covers the need , the reason for those spaces , not the blue badge !!

The blue badge is just a visible permit that can be an indicator of that need , but not everyone with the need can get one

So whilst this isn't easy , it's fighting on those grounds of the EA 2010 that assists you here , not the blue permit !!

If he has a protected characteristic diagnosed by the medical profession , with say a starting date of diagnosis , then he was covered by the EA 2010 from the date of diagnosis

This is not necessarily a winner due to the signage , but DE and the landowner have a duty of care under that law to make reasonable adjustments for everyone covered by the law , not just a few select BB holders ! Especially if the council own the land

If the council are the landowner , get this MP to write to them , using the EA 2010 as leverage to check the lease and preferably to get it cancelled , copying in D E as well

This aspect is just one reason why the press this week has covered the DDA 1995 and the EA 2010 and is why further legislation is needed ( or amendments ), as seen with the heartfelt rant last night by Rosie Jones on Question Time and endorsed by Lammy

Coupon-mad

It's not the scam site on the seafront at Lancing, is it?

bad_year

yes lancing... and thx Redx... so u think its worth trying? and should i try to defend against the whole amount?

Coupon-mad

Yes, defend against the whole amount.  

Councils are banned from operating their land under contract law, and banned from using ANPR.  How did I guess this was Beach Green, Lancing?  I am from W Sussex would NEVER EVER drive into that scam car park.

http://forums.pepipoo.com/index.php?showtopic=125343&st=0

If the Defendant wasn't the driver then they have a complete defence.

bad_year

Coupon-mad said:

Yes, defend against the whole amount.  

Councils are banned from operating their land under contract law, and banned from using ANPR.  How did I guess this was Beach Green, Lancing?  I am from W Sussex would NEVER EVER drive into that scam car park.

http://forums.pepipoo.com/index.php?showtopic=125343&st=0

If the Defendant wasn't the driver then they have a complete defence.

I have written to the parish council and cc'd my MP..


No response from parish council yet but MP staff have immediately replied back and said:

+++++++++++++

As Lancing Parish Council has discharged responsibility to Direct Enforcement for collection of PCNs I believe it is very unlikely they have any power to request the PCN plus other accrued costs is retracted.  I will however ensure that your Lancing Parish councillors have sight of your letter.  I would however strongly recommend you appeal this, if you have not already, with the International Parking Community of which District Enforcement is a member.  I hope that it will still be possible to do so given it has now been passed to Gladstones Solicitors and I note the PCN was issued at the beginning of July so considerable period time has lapsed.

The link to the International Parking Community which will then allow you to appeal online through Independent Appeals Service is set out below.  I note you will need to be able to demonstrate that you have tried to resolve the problem with District Enforcement.

https://theipc.info/home

++++++++++++++++

When I look theipc site the link to appeal is to another website https://www.theias.org/  but as I never appealed to DE seems their chart https://www.theias.org/appeal-flow-chart says I can NOT appeal anyway.

So what to do?

If the parish council don’t reply.... and/or I get fobbed off... or they think it’s a load of old tosh... what shall I actually write in para 2. and 3. of the defence template to file a plausible defence?

Suggestions anyone?

Many thanks

Were_Doomed

Your MP ('s staff) sounds like an idiot and isn't aware of Sir Greg Knight's bill that is now law (pending issuance of the new code of practice and establishment of the appeals body).

Le_Kirk

bad_year said:

If the parish council don’t reply.... and/or I get fobbed off... or they think it’s a load of old tosh... what shall I actually write in para 2. and 3. of the defence template to file a plausible defence?

You refute the claim as per the particulars of claim on the N1 claim form.  For example, if the claim is you didn't pay, you say you did and here is a copy of my ticket; if the claim is non-display of a permit, you say you did display a permit; if it is an overstay, you talk about the length of the alleged overstay and how it did not fit into the grace periods; if it is a residential issue, you write about primacy of contract etc.  It is your case, you know what they are alleging.

Coupon-mad

You certainly DO NOT EVER try a late appeal to the IAS.  This is made crystal clear in the 3rd post of the NEWBIES thread!

Redx

You need to trust us and not some staffer at the MP,s office, they clearly do not have a clue