UKPPO Claim Form

pryder

Hi all,

I've been reading up on these posts for a while so hopefully I have done things properly.

Received Claim form on 19/11/2021 and after 10 days or so, filed the AoS. I appreciate that leaves me with not that long to send off my defence but hopefully it is still enough time.

This is the defence I have drafted - any advice please?

2.       It is admitted that the Defendant was the registered keeper and the driver of the vehicle in question but liability is denied. 

 

3.      As a customer of multiple stores at Stadium Retail Park, the defendant was not required to pay for parking for the first 90 minutes. The date of the contravention was an extremely busy day and the defendant was unable to find disabled parking within the first 10 minutes of entering the car park. This was mandatory due to having a disabled passenger unable to walk extensively and requiring additional space around the car to enter and exit the vehicle. No allowance was made by the Claimant to take into consideration the time of actual parking and no grace period was given to enter/leave the car park.

Thanks in advance 

Coupon-mad

Looks good.

Add another paragraph citing the Equality Act 2010 and stating that an arbitrary time limit is inapplicable to people who are disabled and may often need more time.  This has been known by the parking industry for over a decade and still no attempts are made to exempt disabled motorists or make it obvious that they can claim more time, and how to do so.  This is 'indirect' discrimination that does not place the burden on the consumer to make their needs known.  Nor can a trader say 'we didn't know'.  It is an anticipatory duty on service providers, to adjust inflexible policies to allow for the needs of the disabled population 'at large' and this Claimant failed to do anything to meet that statutory duty.

If you appealed and told them your passenger is disabled, add the fact you appealed and told them this fact.

Fruitcake

What happened when you complained to the landowner?

Did you appeal the original PCN?

Look at the IPC CoP to see what it says about grace periods, consideration periods, and any adjustments for disabled motorists, and quote the relevant parts about any breach of the CoP.

Also quote the relevant parts of the Equality Act 2010 regarding a company making reasonable adjustments for disabled persons with protected characteristics.

pryder

Thanks both for your quick responses. I will add another paragraph re the Equality Act and re-share.

I had appealed the original PCN but did so after the 21 day period (thinking that I had 28 days to appeal) and received a letter from them saying I was outside the appeals period. I also did not complain to the landowner at the time unfortunately. So not sure if it's worth mentioning that I had appealed?

Coupon-mad

Absolutely! There is no time limit on invoking a disability discrimination case, and 21 days from the date they printed their letter (sent 3 or 4 days later and/ or second class) is deliberately setting people up to miss the chance to appeal.

You didn't fail, you didn't ignore it and presumably you told them that your passenger was disabled so the charge should have been cancelled. 

Fruitcake

It's never too late to make a landowner complaint. 

You should also complain to your MP about this unregulated industry and the breach of the Equality Act. Ask her/him to forward your concerns to Michael Gove MP and Neil O'Brien MP at the department for levelling up as they are responsible for producing the forthcoming mandatory parking code of conduct.

KeithP

pryder said:

Hi all,

I've been reading up on these posts for a while so hopefully I have done things properly.

Received Claim form on 19/11/2021 and after 10 days or so, filed the AoS. I appreciate that leaves me with not that long to send off my defence but hopefully it is still enough time.

You have told us when you received the Claim Form, but I am going to assume that you actually mean the Issue Date on your Claim Form is 19th November. Anything else probably means that your Defence needs filing in less than twenty minutes.
Please confirm.

With a Claim Issue Date of 19th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 22nd December 2021 to file your Defence.

That's just two days away. To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

pryder

Apologies - yes 19th Nov was the issue date. I will amend the paragraphs and repost tonight.

Will also then look to make a landowner complaint as per your suggestion and then put in the complaint to the local MP. Thanks very much once again for your help.

pryder

Revised sections:

2.       It is admitted that the Defendant was the registered keeper and the driver of the vehicle in question but liability is denied. 

 

3.      As a customer of multiple stores at Stadium Retail Park, the defendant was not required to pay for parking for the first 90 minutes. The date of the contravention was an extremely busy day and the defendant was unable to find disabled parking within the first 10 minutes of entering the car park. This was mandatory due to having a disabled passenger unable to walk extensively and requiring additional space around the car to enter and exit the vehicle. Despite an appeal just after 21 days, notifying the Claimant of the circumstances, the appeal was not considered and no provision was made for the disabled passenger. This is a case of discrimination and is against the Equality Act 2010 where it states:

 20.3 The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

4.     No allowance was made by the Claimant to take into consideration the time of actual parking, as the cameras only note the arrival and exit times and not the time parked. In addition, no grace period was given to enter/leave the car park. This in breach of IPC code of conduct which states:

 13.1 Motorists must be allowed a sufficient Consideration Period so they may make an informed decision as to whether or not to enter or remain on the Private Land.

 13.2 Before a Parking Charge is issued Motorists must be allowed a Grace Period. A Grace Period is a 10 minute period at the end of a Permitted Period of Parking.

Thanks in advance!

Coupon-mad

Change 'contravention' to event.

1505grandad

When was the parking event?