Claim form from Civil Enforcement received - Newbury Retail Park - equality discrimination

Gnomi777

Hello Dear Forum Members,

I've received the long anticipated CCBC claim form from Civil Enforcement.
I have already complained to all the companies at Newbury Retail Park, to make them aware mainly of how the parking firm is decimating their business (3 hours' parking allows just 11 minutes in each shop, one of which is Lidl!).
I've also written to my local MP and the MP for Newbury, Laura Farris, who is apparently in discussion with Civil Enforcement Ltd about how they enforce parking at the Retail Park (presumably because of the number of complaints she has received). So hopefully something might change, although I won't hold my breath.
I'm considering starting up something for people who have been caught out at Newbury Retail Park to come together and either make one giant complaint, or all complain individually. Not quite sure how to do this, so any ideas would be welcome.
I'd also like to do an FOI to see how many complaints have been received by Laura.
But all that will have to wait. The time for defending the PCN has come!

The 5 days since 'issue date' of the claim form is up today (13/09/21) - issued on 08/09/21, but only received today.
I will do the AoS tomorrow (14/09/21).
I will also start my defence tomorrow, using the template suggested, as well as some of the information I included in my complaint to the MPs and businesses, with the main point being that I was breastfeeding my new baby during my visit. The Equality Act 2010 states that it is discrimination to treat a woman unfavourably because she is breastfeeding (both before and after 26 weeks post birth). This applies to anyone providing services, benefits, facilities and premises to the public, public bodies, further and higher education bodies and association. A woman on maternity leave who has caring responsibilities is also a classed as a protected characteristic under the Equality Act 2010. It is indirect discrimination to apply rules or arrangements that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage.
I'd appreciate your thoughts on whether this is relevant to my defence.
I'll post the full defence after I've completed it.
With grateful thanks in advance.
Naomi

D_P_Dance

I hope that you are entering a counter claim for DD and  including the landowners in it.  Have you complained to your MP?  

Gnomi777

D_P_Dance said:

I hope that you are entering a counter claim for DD and  including the landowners in it.  Have you complained to your MP?  

I haven't considered putting in a counterclaim, as I just don't think I have the mental strength or the time. Do you mean DD as in Disability Discrimination?
I've complained to both the MP for Newbury (where the Retail Park is) and also my own local MP. Neither seem able to request that the ticket is struck off.

D_P_Dance

MPs are routinely ignored by PPCs, but they have the power to legislate to control them in the HoC.  

Fruitcake

You seem to be clued up on what needs to be done, and have been proactive about this. I think you have the necessary information about the EA 2010. Just make sure you quote the relevant parts in your defence rather than just a generic, this breaches the EA.

With regards to doing something to help and warn others, you could set up a Facebook Group about this site.

Have you identified the landowner and complained direct to them?

Please show us your draft defence, but only the parts you have changed.

KeithP

Gnomi777 said:

The 5 days since 'issue date' of the claim form is up today (13/09/21) - issued on 08/09/21, but only received today.
I will do the AoS tomorrow (14/09/21).

With a Claim Issue Date of 13th September 8th September, you have until Monday 27th September to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 11th October 2021 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Umkomaas

CEL will be extremely unlikely to allow this to get to court, especially if you meet all the timescales and procedural requirements of the process. They simply discontinue if all the hurdles have been jumped - a typical action by them. 

If you want to get them in front of a Judge you will need to counterclaim - but you'll need to be clear on which grounds your cc will be based. 

D_P_Dance

A counter claim for discrimination on the ground of disability seems to be your best avenue. Give them every chance to cancel the ticket first, make sure they know that you are not to be trifled with.  

Umkomaas

D_P_Dance said:

A counter claim for discrimination on the ground of disability seems to be your best avenue. Give them every chance to cancel the ticket first, make sure they know that you are not to be trifled with.  

I didn't realise that breastfeeding was a disability. Ah well, live and learn! 😳

Coupon-mad

It isn’t and there is no requirement for ‘reasonable adjustments’ for a maternity related issue.   There are limited protections for nursing mothers, not the same as a disability discrimination case.

Would be different in Scotland where the protection is stronger.

Crack on with the usual defence only.

Gnomi777

KeithP said:

Gnomi777 said:

The 5 days since 'issue date' of the claim form is up today (13/09/21) - issued on 08/09/21, but only received today.
I will do the AoS tomorrow (14/09/21).

With a Claim Issue Date of 13th September, you have until Monday 27th September to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Monday 11th October 2021 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Hi KeithP,
The Issue Date on the form received is 8th Sept, so I've counted 5 days from then (as advised in other posts to wait 5 days, for some reason). I'll do it the AoS now though, following the link you recommended.
Thank you for that and the information about filing the defence. I struggled a bit to locate it before so your detailed guidance as to where to find both is appreciated.
I don't think I can (or will) counterclaim, but might threaten it in my defence...as they're breaking the law in terms of the Equality Act 2010.