DCB Legal offers settlement before court date after reading defence

Coupon-mad

Someone with a continuing medial condition (lasting or likely to continue for more than 12 months) that makes walking difficult, does meet the definition of disability in the Equality Act and you are legally entitled to a 'reasonable adjustment'.  You do not need a Blue Badge for this right.

Read the latest posts on the thread by @ellaro9 to understand how to put that in a witness statement.  In her case, I've written the stuff about reasonable adjustments into a counterclaim but you are too late to counterclaim, so go and see how to word it in your WS and evidence later on.  You absolutely have a case here and could have counterclaimed at the time of your defence.  There are no grounds for them to have double the £420!

KCBDU

Coupon-mad said:

Someone with a continuing medial condition (lasting or likely to continue for more than 12 months) that makes walking difficult, does meet the definition of disability in the Equality Act and you are legally entitled to a 'reasonable adjustment'.  You do not need a Blue Badge for this right.

Read the latest posts on the thread by @ellaro9 to understand how to put that in a witness statement.  In her case, I've written the stuff about reasonable adjustments into a counterclaim but you are too late to counterclaim, so go and see how to word it in your WS and evidence later on.  You absolutely have a case here and could have counterclaimed at the time of your defence.  There are no grounds for them to have double the £420!

Thank you @Coupon-mad I agree that I have a good defence and I also feel that should not settle. I wont post my defence here because it contains my medical history which is a bit embarrassing. It is complicated when you have an illness that flares up but is not always present and you wouldn't not ordinarily need a 'blue bade' or disabled parking bay permit. Over 24 months at university I have been ill 6/7 times which resulted in the PCNs. I do admit ignoring the letters and fines as they arrived in the post.

nosferatu1001

Never use the fine word!

post an edited version? 

We need to see what you've got to work with, to help us help you 

Coupon-mad

I am so glad your defence went into detail about your medical condition, because that means you can use the Equality Act in your witness statement, like in the thread by @ellaro9 where she also meets the definition of disability and hers is at defence and counterclaim stage.  It is illegal not to make reasonable adjustments and a trader cannot use the excuse that they 'didn't know' about the individual person's needs. 

The duty is an anticipatory one (upon the University and their contractors), to make provision for disabled people to park nearby and if the spaces are often full then they must take 'every possible step' to make reasonable adjustments to accommodate the disabled population 'at large' (without blaming individuals for not telling them about their needs).

Even better, if your employer does know about your medical condition.  You could show a failure for the Uni and their contractor to carry out a meaningful Disability Impact Assessment regularly, to make provision for the disabled staff and student population and to take into account any known needs of staff who have mobility impairment.

Remember that whatever a PPC tells you, a Blue Badge (or not) has nothing to do with it.  The EA 2010 is about needs and rights, and is silent about permits.

mick1011

Hi All,

i have an approx £400 fine for parking in a disable bay without a badge (the shops were closed so I didn’t think I didn’t think I’d be causing anyone any difficulty).

i have filed my witness statement using the template in the forums. DCB are now offering a £70 out of court settlement. Should I accept? 

Thanks 

B789

@mick1011, why are you posting on someone else's thread? Please start your own thread if you have a question. Please read the Newbies/FAQ thread first though.