Court tomorrow!!

Le_Kirk

Edensashes said:

ok so i'm off to court tomorrow... in my witness statement, where i have quoted previous cases, do i need to print out and take with me, the whole document of that case, or just the section i have quoted from??

Wish me luck

You should already have provided this to the court and claimant as part of your WS and evidence but it doesn't hurt to take it for your own use.  Good Luck; come back and tell us when you win.

Umkomaas

@Edensashes - any update please?

Edensashes

i Lost....

The judge was ok tho... he said the law is very firm on blue badges and the fact mine was not on display when the ticket was issued meant he had no choice but to award to the claiment...

However he said what he did have power over was the costs to be awarded...
Before i went to court the parking company were asking for £270

when the judge awarded them the win they tried to add a number of additional costs... and tried to charge me interest at 8%
the judge scrapped most of their extra's and awarded them only 1% interest.
In total i have to pay £210 so its a small win in that i saved £60 from what they were after....

Castle

Edensashes said:

i Lost....

The judge was ok tho... he said the law is very firm on blue badges and the fact mine was not on display when the ticket was issued meant he had no choice but to award to the claiment...

Except of course that blue badges "law" don't apply on private land.

Snakes_Belly

I would have thought that the Equality Act trumped any terms and conditions on the signage. The disability has not gone away just because a piece of card has slipped off the windscreen.

I would write to your MP and ask him to forward your letter to  Dominic Raab. 

This is not right and disabled people should not have to put up with this. 

Coupon-mad

Indeed. Judge was badly wrong.

The law about disabled people is the Equality Act 2010 and it trumps contracts.

Snakes_Belly

Coupon-mad said:

Indeed. Judge was badly wrong.

The law about disabled people is the Equality Act 2010 and it trumps contracts.

I do wonder what happened at the hearing of Tyler Christian (the double amputee veteran). Was it heard on papers?. Did he appeal and if so what was the outcome?  He is the direct antithesis of the directors and senior employees of the PPC's. 

I hope that the levelling up sorts out the issues with disabled badges once and for all.  
  

 

1505grandad

As all the above. 

I would be making a strong complaint to the hospital CEO and your MP setting out how you have been

penalised etc. for using a public service. If it was a private landowner I would have considered a claim against

them/ppc.

I can definitely confirm that Coupon-mad knows what she is talking about as I have personal experience

regarding how the EA2010 trumps a blue badge on private land.  Thanks to her robust arguements/explanation, 

which I used in a complaint to the landowner, I obtained a concession (permit) allowing me to park in a 

supermarket's disabled bays without a blue badge (at the time I was the only person in the world with this

concession  -  possibly still am).

In the excessive amount of correspondence with the supermarket's departments - mainly minions in the CEO

dept. - I always stated the fact that they were BANNING me from using the disabled bays, even though I was 

covered (proof provided) by the EA2010 i.e. direct descimination. 

The complaint with C-m's facts was sent via my MP and was picked up by the legal dept. of the supermarket  - 

immediately causing a complete turnaround and producing the concession.

An SAR a few months after settling down produced correspondence between supermarket legal dept. and ppc

with headings containing "...Subject: RE: Potential Equality Act claim". 

Sadly the attachments to the emails were not available to me as they were described "which is exempt from 

disclosure due to legal professional privilege"

All I wanted was to be put on a "white list" giving permission for me to park in their disabled bays without a 

blue badge  -  another supermarket approached at the same time did so without any prevarication at all. Both

concessions were renewed last year on change of car with no problems. 

I believe that the fully trained legal dept. of a major supermarket would not have gone to so much trouble if 

there was any doubt as to C-m's arguements  -  so your judge IMO is.............

95Rollers

Edensashes said:

i Lost....

The judge was ok tho... he said the law is very firm on blue badges and the fact mine was not on display when the ticket was issued meant he had no choice but to award to the claiment...

However he said what he did have power over was the costs to be awarded...
Before i went to court the parking company were asking for £270

when the judge awarded them the win they tried to add a number of additional costs... and tried to charge me interest at 8%
the judge scrapped most of their extra's and awarded them only 1% interest.
In total i have to pay £210 so its a small win in that i saved £60 from what they were after....

What a travesty.

At least the parking company won't see any of that £210.  £70 will be court fees which goes to the court which then eaves them £140 which they won't get any of as they've wasted more on the legal rep, court papers and man hours chasing this up. Had you not of stood your ground and rolled over the parking company and debt company would have gotten all that cash and netted a fat profit at your expense. You made them work for it and they got nothing. Still sucks though that they judge wasn't switched on!