PCN Received from New Generation Parking Management - Advice Required

Le_Kirk

By "post" you mean post on here not post to CCBC of course as that goes by e-mail.

nero33

Le_Kirk said:

By "post" you mean post on here not post to CCBC of course as that goes by e-mail.

Yes, that's what I meant. Post it In this thread

Fruitcake

Once you have submitted your defence there is more to do, including reading and re-reading the rest of the template until you understand it.

nero33

Fruitcake said:

Once you have submitted your defence there is more to do, including reading and re-reading the rest of the template until you understand it.

I've hit a brick wall. I don't think I am up to this and have failed to even produce 2 paragraphs required for the defence template (2&3).

I have looked a sample defence letters and they're beyond my understanding - I read them yet it's all legal/technical speak & I cannot see how to link it my case.  I'm wishing I had just paid the £60

Grizebeck

Dont be so defeatist!

Le_Kirk

You have effectively written your defence in the first few sentences you wrote in your first post.  You were not the driver (only helps if the NTK was non-POFA), the car was parked in an area that to all intents and purposes was a pucker parking place (no yellow/red lines or cross-hatching) and not indicating a Blue Badge space.

Coupon-mad

You sent me a pm and this is what goes into the defence (but of course this will mean re-numbering the Template Defence lower paragraphs, that's all):



3.  The Defendant's wife was driving, and she went over to their daughter's apartment to pick up the Defendant's mother who had been visiting. The passenger was aged 80, had had a stroke, was suffering from mobility issues and was unable to walk unassisted so clearly needed the Defendants wife's help to leave the flat and safely access the vehicle.  She had done this many times before, without incident.

4.  The Defendant's wife parked the car in a part of car park that is known as a 'drop off/pick up point'. At this place, there was no need to display the Defendant's mother's Blue Badge because dropping off/picking passengers up from there (and loading/unloading) was always allowed.

5.  The Defendant will produce evidence from the landlord confirming this normal usage of that area, and will also rely upon the persuasive Appeal authority of a similar private parking residential case,  Laura Jopson vs Homeguard Securities B9GF0A9E where the judgment by His Honour Judge Harris QC, sitting at Oxford Court, supports this defence.

6.  The Defendant will also rely upon the Equality Act 2010 (the EA) which protects disabled persons and their carers from harassment such as this. The ticketer saw the Defendant's wife and the disabled passenger but refused to speak to them and (despite seeing the needs of the passenger) used his predatory photos to later upload and create a postal Parking Charge Notice which was sent to the Defendant, demanding £100.

7.  This was neither an agreed nor fair contract and nor was there a breach of any 'relevant obligation' a condition required under the Protection of Freedoms Act 2012 (the POFA) before any case where liability is sought to be transferred to a registered keeper can get off the ground.  It is denied that the Defendant is liable for any sum at all.

8.  The Claimant is put to strict proof of its compliance with Schedule 4 of the POFA and the EA, as well as showing how they met their statutory duties under the additional EHRC Services, Public Functions and Associations Statutory Code of Practice relating to the EA duty of public-facing companies to avoid discrimination. The parking charge in itself, and the ensuing hounding of the family through court, represents unlawful harassment of a disabled person and their carer, and the lack of 'reasonable adjustments' and failure to recognise the proper use of this pick up area, breaches the EA and also rides roughshod over the rights of the resident and her visitors.

KeithP

You also sent me a PM.

These things are best discussed out in the open, i.e. in the thread, where any mistakes made by one person will be seen by others and corrected.

1505grandad

As per a post on another thread in March by @Fruitcake:-

"It is only a minor point, but the Jopson case number should begin with a "B". For some reason this doesn't always appear on internet searches."

Coupon-mad

Corrected, ta.