Help! Claim issued against me for parking ticket

RLB85

Hi again - hoping to get the Defence sent in today. Do you think this is OK for para 2 and 3? Many thanks.

Redx

Too much info in 3 , save most of it for the WS in several months time

Condense it down to bare bones , elaborate as above in the WS which isn't required for months

Short and concise for now , don't put the size and colour of the clothes bought , or that it was patriotic red white and blue tinsel for the tree either 😀 they also don't need to know you were on codydramol or co codamol for the pain etc

Legal arguments with some short , concise background information for now , to open the door to your WS later on, where it can be a TARDIS beyond that door

1505grandad

"Too much info in 2 ..."  -  I believe Redx is referring to para 3.

Redx

Sorry yes , paragraph 3 , I will edit my post above

Le_Kirk

You cannot argue "large car park nearly empty" and "no loss".

Coupon-mad

Get rid of no loss.

Replace it by saying as a separate #4 (then renumber all those below that) that you:

 meet the definition of disability in the Equality Act 2010 and that 'reasonable adjustments' that must be made by landowners, retailers, car park providers and agents include allowing more parking time for shoppers whose medical conditions mean they need it.  This is a clear case of indirect discrimination by applying a blanket free parking time that, whilst it may be sufficient for average able-bodied shoppers, it is inappropriate (and illegal to impose this) for people who need rest breaks, especially during busy shopping times.  There is no need to know about the medical conditions of individuals and there is no defence to the EA 2010 breach by the Claimant trying to say they 'didn't know' because specifically, INdirect discrimination is an anticipatory duty to take all possible steps to avoid causing detriment against the population 'at large' who have protected characteristics.  It also has nothing to do with disabled bays or Blue Badges, which are irrelevant to the duty to make reasonable adjustments available, including more time.

RLB85

Thank you so much. I am so grateful for all your help

RLB85

Have received this letter from BW Legal confirming their intention to proceed. I suppose I’ll just wait to hear further from the court now?

Le_Kirk

You could read up again on the procedure and find that the next item you will receive will be the N180 (DQ) and find out how to complete it.  It won't be from the court but from the CCBC, same place that sent your claim form.  You could also research where you would like your case referred, i.e. your local county court.

Umkomaas

Standard response to a submitted defence. Have you not seen it before on other BWL/PPL threads?

You need to be ready for receipt of the DQ from the CCBC which you will need to fill out and return in a timely fashion. Keep an eye on your MCOL history to check if/when it has been sent. If you don't receive it, download your own from the internet. 

But all of this is detailed for you in the NEWBIES FAQ sticky, second post.