county claim form vehicle control services ltd

1235718

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  • merits28merits28 Forumite
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    The facts as known to the Defendant:

    2.  It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied.  The Claimant is aware, from an appeal made at the time, that more than one occupant of the vehicle - including the Defendant driver - had long term medical conditions which would meet the definition of disability within the Equality Act 2010 ('the EA').  Knowing this at appeal stage, a car park operator has a statutory duty to allow a 'reasonable adjustment' of the fixed time period, in order to allow for the needs of those persons who have 'protected characteristics'.  


    3.  It is unlawful to apply the same parking time limit to persons with protected characteristics, as applies to able-bodied persons. This has been tested by Disabled Motoring UK, in legal cases pursued against both Lincoln and Norwich Councils, and comparable duties apply to Service Providers operating in private land car parks.  This right and the applicability of the EA  is made clear in the new statutory Parking Code of Practice, that is at final drafting stage in 2021, by the MHCLG, following the Government being forced to step in to regulate an out of control rogue industry which offered no truly independent appeal and ignored disability/consumer laws as if they did not exist.


    4.  Instead, the Claimant refused the Defendant's appeal with a template response.  The statutory duty to allow more time - not just to remove physical barriers - as a 'reasonable adjustment' (either in advance, at the time or retrospectively when a person's needs come to light) is explained in more detail in the EHRC Code of Practice for Service Providers which forms part of the statutory rules of the EA itself and is not advisory.  It is also not necessary for a Service Provider to know about a person's needs in advance and it is no justification against indirect discrimination (caused by an inflexible policy) to say 'we didn't know'.  This Claimant knew, or ought to have known about the EA applying in this case, from the point of the appeal, which was the earliest stage at which a driver is afforded the opportunity to provide such information.   Given the needs of the occupants, the remedy was for the Claimant to recognise that the EA would apply and to extend the time limit for this vehicle and to cancel the parking charge.


    5. .Any delay in returning to the vehicle was caused by circumstances that were entirely unforeseen, unavoidable and exceptional and were directly attributable to the medical conditions of the occupants of the car.  One of the passengers who had come to the UK for a visit had fallen ill; this passenger was having an episode because of long-term chronic health issues and was slower-moving than an able-bodied person.  When they did manage to return to the car, they needed painkillers before the Defendant could drive away.  Further, at the time, the Defendant was pregnant and on steroids and other medication due to a diagnosis of Graves Disease.  This is not connected to pregnancy, is a long-term condition and causes tremors, tiredness and fatigue.  Also, the Defendant was with her 3 young daughters, one of whom has sickle cell disease which also causes fatigue, among other symptoms.  There is no doubt that the EA applies in this case and as a parking operator with decades of membership of trade bodies (the BPA and then then IPC) the Claimant cannot be heard to say that the appeal was merely a case of mitigation.  It was a matter of law, even if the Defendant was not in a position to voice it as such at the time.


    6.   The Defendant parked at this car park to go to the shops at the moor markets and saw nothing to suggest that there were contractual terms for parking at the location.  There is a lot of foliage obscuring any signs and the purported 'entrance sign' is especially unclear as it is situated on the left hand side at an angle and can not be seen from the inside of a vehicle, which is the entire point of mandatory entrance signs. The IPC Trade Body Code says ''Signs must fixed in place and must be immediately apparent to the Motorist that they convey important information regarding the Private Land upon which they are placed'' and ''the signage within the Car Park must be such as to be obvious to the Motorist''.  This is denied.  Notwithstanding the requirement to allow more time for persons with protected characteristics (which was never offered by the Claimant) there was no agreed contract at all, because the terms were not clearly communicated.

    How about the above?  You will need to re-number all the template points that follow.
    Coupon-mad wow. What an amazing person you are.  This is it. Thank you so much.  I will adjust accordingly.  Thank everyone 
  • merits28merits28 Forumite
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    Hello Everyone, i am just about getting my defence ready printout and sign and scan it by email to ccbc , i thought i will bring this to your attention, when i first appeal, i only said the passenger who came to visit the Uk was ill and we delayed going back to the car and the appeal was denied but when vcs sent me a form to fill out my income , me and my family were asked to shield because of our health issues so i told the person i spoke with over the phone about out health issues , pregnancy and i had no employment, they still insist and threaten me. i have no evidence for the passenger that was ill and unfortunately passed away due to covid 19 complication, do i still have a case?
  • FruitcakeFruitcake Forumite
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    Of course you have a case.
    I believe the EA 2010 covers a pregnant driver or occupant of the car with protected characteristics, and an ill passenger that caused a delay in leaving should also carry weight.

    A statement by you or or anyone else who was present is a witness, and their evidence must therefore carry weight over that of the scammers who were not present at the time of the alleged event.
    All these points plus all the other ones from the template defence carry weight to your case as well.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • merits28merits28 Forumite
    95 Posts
    10 Posts Name Dropper
    Fruitcake said:
    Of course you have a case.
    I believe the EA 2010 covers a pregnant driver or occupant of the car with protected characteristics, and an ill passenger that caused a delay in leaving should also carry weight.

    A statement by you or or anyone else who was present is a witness, and their evidence must therefore carry weight over that of the scammers who were not present at the time of the alleged event.
    All these points plus all the other ones from the template defence carry weight to your case as well.
    Thank you for your quick response, the scammers are heartless to be honest
  • edited 6 April at 11:49AM
    D_P_DanceD_P_Dance Forumite
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    edited 6 April at 11:49AM
    You never know how far you can go until you go too far.
  • SayNoToPCNSayNoToPCN Forumite
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    No need to print - you can just use a camera phone to take a pic of your wig, and paste it onto the last page line.  This reduces the size of the pdf as well as saving paper
  • Le_KirkLe_Kirk Forumite
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    No need to print - you can just use a camera phone to take a pic of your wig, and paste it onto the last page line.  This reduces the size of the pdf as well as saving paper
    ....... or even sig(nature) but it made I larf!
  • SayNoToPCNSayNoToPCN Forumite
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    Gotta love autocorrect at times!
  • merits28merits28 Forumite
    95 Posts
    10 Posts Name Dropper
    Hello everyone,  I receive the form N180 few days ago.  I have till 23rd April to complete.  Thank you 
  • SayNoToPCNSayNoToPCN Forumite
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    No need to delay, email to court and claimant as the newbies thread makes plain :)
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