Mental health and private parking charges

Mark321123

Last year my daughter received a parking charge for parking on a council estate . Sadly my daughter has suffered mental health most of her life and has attempted to take her own life many times . And on this day she received her parking charge it turned out she parked her car on a quite area of the estate and my daughter started to take a over dose , someone was looking down on that day for reasons unknown my daughter stopped taking her over dose . Sadly month later she tried to jump in the Thames but a member of public grab her and called the emergency services, and she was sectioned for a few months . I received a letter from Gladstone solicitor asking us to pay for the parking charge , I sent them letters from the doctor, Islington crisis team , psychiatrist reports saying my daughter is suffering from manic depression , schizophrenia and bio polar , in their reports it states she has many times tried to take her own life and is still at high risk. 

Today we received court papers Gladstone has decided to carry on reclaiming the money for the parking charge , even though they know my daughter very fragile state of mind .

unfortunately I unable to pay this charge last year I was involved in a serious accident what left myself with life changing injuries my working career is over . But any more pressure on my daughter really will push her over the top . I’m at my wits end , any advice really would help me and my daughter especially , 

Thank you 

Fruitcake

What is the name of the parking company please?
If Gladstones are involved then the car will have been parked on private land, unless the council has farmed the car park operation out to an unregulated parking scammer.

Is your daughter the registered keeper of the vehicle in question?

Umkomaas

Your local Press and MP will be interested in this and might provide some added help to you. I can't even start to imagine the turmoil you must be experiencing - without this shyite from Gladstones. Heartless and venal in the extreme. What's wrong with them?  This is the ultimate scraping of the barrel. Davies and Hurley will have so much to answer for when they meet their maker. Truly awful duo. 

Which parking firm issued the initial parking charge please?

KeithP

One thing is certain... you must not ignore a County Court Claim.

You are right to post here and will receive good guidance.

Mark321123

It’s wing parking people that has the contract for Islington council , yes the car is In my daughter name 

KeithP

Wing Parking. Interesting.

When exactly did this alleged parking event take place?

Umkomaas

Today we received court papers Gladstone has decided to carry on reclaiming the money for the parking charge

Was this a N1 claim form via the Northampton CCBC?  Very unusual for Wing. 

What was the date of the parking event please?  There's been some significant changes in Wing's ability to seek keeper data from the DVLA. 

I'm also not sure that Wing should be pursuing this via the county court system and not Islington (who shouldn't be able to!). 

Fruitcake

Complain to the council, your MP, Boris, the Secretary of State for Health, and contact local and national press.

This is absolutely disgusting, and is a breach of the Equality Act 2010.

KeithP

Just so we can get an idea of the urgency needed, what is the Issue Date on the County Court Claim Form?

Fruitcake

Please answer KeithP's question first. He will give you some important dates.

Johnersh

Does the o/p's daughter have mental capacity to conduct litigation?

Under the Mental Capacity Act, capacity is decision specific, so one can be well able to deal with everyday matters but unable to deal with this and the complexity of legal arguments. In such circumstances she would be regarded as a Protected Party. 

If you can get a letter from a GP or (assuming she's CPA) her care co-ordinator, you can step in and conduct the claim on her behalf as Litigation Friend (which is also to take on her liabilities for the claim, if any). That can be done by filing a Certificate of Suitability of Litigation Friend.