Urgent help needed for dad with Alzheimers

limarie1

A couple of years ago my dad parked in a disabled space at Asda. He does have a blue badge but had started to get forgetful so forgot to display his badge and subsequently got a ticket. When he had a letter he sent a photocopy of his blue badge and explained but they refused to budge however I thought he heard no more about it. He has since been diagnosed with Alzheimers and no longer drives. This morning he has received a claim form from county court. He has now told me he has had a few letters from them but has thrown them away as I tell him to throw away junk mail. There is no way he can afford to pay over £300 just before Christmas but he also privately rents so can't afford to have a CCJ against him as he needs to maintain a good credit rating. If we appealed to the court are we likely to win? If we explain he has Alzheimers? Any help greatly appreciated.

bargepole

He cannot 'appeal to the court'. You can only appeal after a case has been heard, and you want to try to overturn the ruling.

He can file a Defence to the claim. However, 'I can't afford to pay' is not a valid Defence in law.

Alzheimers is also unlikely to be a valid Defence, if he was well enough to drive at the material time. You will need to come up with better arguments than that.

Redx

Post the issue date from the claim form below

Post the name of the claimant and the name of any legal company involved too

Jenni_D

bargepole said:

Alzheimers is also unlikely to be a valid Defence, if he was well enough to drive at the material time. You will need to come up with better arguments than that.

It may have been there but undiagnosed at the time? It can't hurt to include this in the defence in some way so it can be expanded on in the WS, can it?

limarie1

Claim form was issued on 10th December. From DCB

limarie1

bargepole said:

He cannot 'appeal to the court'. You can only appeal after a case has been heard, and you want to try to overturn the ruling.

He can file a Defence to the claim. However, 'I can't afford to pay' is not a valid Defence in law.

Alzheimers is also unlikely to be a valid Defence, if he was well enough to drive at the material time. You will need to come up with better arguments than that.

bargepole said:

He cannot 'appeal to the court'. You can only appeal after a case has been heard, and you want to try to overturn the ruling.

He can file a Defence to the claim. However, 'I can't afford to pay' is not a valid Defence in law.

Alzheimers is also unlikely to be a valid Defence, if he was well enough to drive at the material time. You will need to come up with better arguments than that.

bargepole said:

He cannot 'appeal to the court'. You can only appeal after a case has been heard, and you want to try to overturn the ruling.

He can file a Defence to the claim. However, 'I can't afford to pay' is not a valid Defence in law.

Alzheimers is also unlikely to be a valid Defence, if he was well enough to drive at the material time. You will need to come up with better arguments than that.

So should he try and borrow the money and pay it? He can't go to court. He's not well enough, in a wheelchair and deaf. and doesn't have a clue what's going on.

Snakes_Belly

I would fight it through the courts. Alzheimers is a strange illness. You cannot put a timescale on how soon a person's memory will deteriorate. If he has been recently diagnosed and the parking incident was a couple of years ago it's likely that he was starting to become forgetful at the time of the incident. Motor skills may not be affected at that stage.

When a person first starts to develop Alzheimers it's not apparent whether it is just general forgetfulness or something more. My late father's dementia started with him paying bills several times and going overdrawn as a result. It's a cruel illness and this is the last thing that you want.     


    

Umkomaas

Which parking firm are DCBL representing?

Redx

limarie1 said:

Claim form was issued on 10th December. From DCB

So dcb legal ltd , not Dcb

And the claimant is ??

Make a complaint to Asda based on the Equality Act 2010 , insisting that they get the PCN and court claim cancelled asap !

gwynfil

I would send a photocopy of the badge to them. I'm not sure who the company is, but mostly they are private parking companies. Perhaps even explain to Asda and they may intervene on your behalf. Your father has a valid badge so that is a good. 

Redx

limarie1 said:

bargepole said:

He cannot 'appeal to the court'. You can only appeal after a case has been heard, and you want to try to overturn the ruling.

He can file a Defence to the claim. However, 'I can't afford to pay' is not a valid Defence in law.

Alzheimers is also unlikely to be a valid Defence, if he was well enough to drive at the material time. You will need to come up with better arguments than that.

bargepole said:

He cannot 'appeal to the court'. You can only appeal after a case has been heard, and you want to try to overturn the ruling.

He can file a Defence to the claim. However, 'I can't afford to pay' is not a valid Defence in law.

Alzheimers is also unlikely to be a valid Defence, if he was well enough to drive at the material time. You will need to come up with better arguments than that.

bargepole said:

He cannot 'appeal to the court'. You can only appeal after a case has been heard, and you want to try to overturn the ruling.

He can file a Defence to the claim. However, 'I can't afford to pay' is not a valid Defence in law.

Alzheimers is also unlikely to be a valid Defence, if he was well enough to drive at the material time. You will need to come up with better arguments than that.

So should he try and borrow the money and pay it? He can't go to court. He's not well enough, in a wheelchair and deaf. and doesn't have a clue what's going on.

You can assist him as personal assistant and lay representative

A typical loss in court is about £200 with one month to pay , to avoid the CCJ being recorded

Hearings are done from home on video link or telephone link , rare to actually go to a bricks and mortar court

He would have to be present on the link , even if you are assisting him

I wouldn't advise paying because even a loss in court is less , which won't be until next spring or summer anyway

In future , tell him to show you the letters , before binning any