Elderly Blue badge holder court case £277 for 14 minute drop off at rear of train station...

Fruitcake

tiga456 said:

Half_way said:

As RedX has said the blue badge may have no meaning but the Equality act most certainly does, again this is something you can and should use against the landowner who allowed the scum pakring company to operate on their land

The owner/landholder of the car park will either be network rail, or the train operating company, where was this car park? 

@Half_way

Thanks for the tips,

Need to check the land owner.

"where was this car park? "

- At the rear of Clapham Junction, back entrance to shops and platforms i believe. Same car park as mentioned by @tealover123 in his thread ie.

https://forums.moneysavingexpert.com/discussion/comment/78386491/#Comment_78386491

FR7J+H9 London

Clapham Junction Approach, London SW11 2QP

lat 51.464556, long -0.168687
OS GRID REF TQ272756

- Regarding the Equality act 2010 how would i use it in this case / against the land owner?

Thanks

Both the landowner and the PPC failed to make reasonable allowances such as allowing more time for a disabled motorist.
Failing to cancel the PCN once the landowner and PPC knew the motorists was disabled.

Have a look at the EA and pick out relevant sections about reasonable adjustments etcetera.

95Rollers

So in a nutshell the claimant is  punishing the defendant for being elderly and disabled- both things are something he cannot choose by their refusal to make "Reasonable Adjustments" which has had zero impact on the running of station and its roadways or cost them any loss. Another reason why these ex-clamper bullyboy companies are inadequate!  They don't know the law or refuse to move with the times or just plain ignore it. Any other organisation would know better!

They are basically completely disregarding the Equality Act in favour of their own wants (I.e pumping people for cash) whereas your dad actually did what he did because it was a need. 

D_P_Dance

IMO you are not legally bound  ro the decision.  Read about unfair T&C in consumer contracts here

https://www.google.com/search?q=consumer+rights+act+2015+unfair+terms+and+conditions&oq=Consumer+right+act,+unfair+rerms&aqs=chrome.3.69i57j0i22i30l4j0i390l3.21213j0j15&sourceid=chrome&ie=UTF-8

Also,  they have added what appears to be an extra unlawful amount for debt collection/administration, whatever.. Judges have dismissed an entire claim because this. Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

Have you complained to your MP?

tiga456

Hi, Thanks everyone for all support, bit inundated recently,

so key points so far:

i) the equality act

95Rollers said:

So in a nutshell the claimant is  punishing the defendant for being elderly and disabled- both things are something he cannot choose by their refusal to make "Reasonable Adjustments" which has had zero impact on the running of station and its roadways or cost them any loss. Another reason why these ex-clamper bullyboy companies are inadequate!  They don't know the law or refuse to move with the times or just plain ignore it. Any other organisation would know better!

They are basically completely disregarding the Equality Act in favour of their own wants (I.e pumping people for cash) whereas your dad actually did what he did because it was a need. 

also ii) extra unlawful amount for debt collection/administration, 

as per  @D_P_Da ,

D_P_Dance said:

IMO you are not legally bound  ro the decision.  Read about unfair T&C in consumer contracts here

[link removed] [won't allow me to post external links yet?]

Also,  they have added what appears to be an extra unlawful amount for debt collection/administration, whatever.. Judges have dismissed an entire claim because this. Read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

[link removed]

Have you complained to your MP?

iii) Q1. are there any good templates to use to complain to MP?

iv) Following on from @Redx 's comment, (mainly for my own benefit and perhaps others just after the Defence stage please forgive me for posting this all here)

Redx said:

Plus the reps 6 to 9 in the coupon mad Defence template in announcements also tell you about this stage , as well as the 5 years old what happens when post by member Bargepole

Everybody receives that letter and DQ from Gladrags , and have done for many years

re. From Defence Template page:

8 . After filing your Defence, there is more to do.

• Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire and the usual intimidating template letter saying they 'intend to proceed'. Nothing of interest there. Just file it.
• Wait for your own Directions Questionnaire from the CCBC, or download one from the internet [won't allow me to post external links yet?] , and then complete it as described by bargepole in his 'what happens when' post linked from post #2 of the NEWBIES thread - https://forums.moneysavingexpert.com/discussion/comment/64350585#Comment_64350585
• The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.  

and from what happens when post by member Bargepole page:

Defence is NOT your only job, nor the only paperwork! 

"There will be:

(a) Directions Questionnaire (N180) stage - an easy form.
(b) Witness Statement & evidence and costs assessment stage.
(c) A hearing at your local court (or in 2020, a Telephone Hearing if your local Court Judge is working from home).

Some days/weeks after filing your defence, the CCBC will send you a DQ N180 form, that must be completed & returned to the claimant and the court, explained here:

https://forums.moneysavingexpert.com/discussion/comment/71763411#Comment_71763411"

(Sorry if formatting has messed up due to various quotes)

So my questions are please:

Q1. (as above) MP template/key points / best practice

Q2. Regarding the DQ -  Approximately when will the DQ arrive?

Will it arrive in the post or by e-mail or will it be visible online in the MCOL website?

I understand if it doesnt arrive within a week to chase up the court - is that still current advice?

and Q3. is there a date / deadline when we need to submit the DQ by?

Thanks

tiga456

Also how / when can i edit my posts ? and post relevant external links, thanks?

Coupon-mad

No MP complaint templates.  Please don’t ask for template complaints because that waters down the effect of a complaint.

The DQ comes shortly, when the CCBC are ready to send it and it says what the deadline is.

KeithP

tiga456 said:

Q2. Regarding the DQ -  Approximately when will the DQ arrive?

Will it arrive in the post or by e-mail or will it be visible online in the MCOL website?

I understand if it doesnt arrive within a week to chase up the court - is that still current advice?

and Q3. is there a date / deadline when we need to submit the DQ by?

The CCBC will send you a letter saying the Claimant has twenty eight days to consider your Defence.

What you don't know is when the CCBC sent a copy of your Defence to the Claimant. 

It follows from that that it is not known when the Claimant has to respond to the CCBC. 

Further, we don't know what delays there are in the CCBC that means they don't send you a DQ as promptly as you might like.

Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back to the CCBC, remembering to send a copy to the Claimant of course.

Redx

You can edit your posts when the minimum number of posts is reached by your username , whatever mse set as the minimum , but assume 20 , 25 or 30 posts or replies

tiga456

Coupon-mad said:

No MP complaint templates.  Please don’t ask for template complaints because that waters down the effect of a complaint.

The DQ comes shortly, when the CCBC are ready to send it and it says what the deadline is.

ok fair enough, are there any 'best practice' tips though

i mean for me to prepare the e-mail to the MP and get my head around it i would like to know better if email

eg. longer / short / whats perhaps relevant / not relevant?

- what is the intention / main point of the complaint to MP?

whats a realistic outcome i can hope for?

To complain about the practices of the parking enforcement / management companies?

or to try to get the ticket cancelled?

Thanks

tiga456

i mean is the tone of the email to MP more of a moany sob story? outrage? or call to some sort of action?

and how specific to be regarding the actual PCN and circumstances?

Thanks