UKPPO Claim Form

Le_Kirk

pryder said:

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 far and requiring additional space around the car to enter and exit the vehicle. Following receipt of the PCN and 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.

Couple of suggestions.  It is not really mandatory (required by law) but essential is maybe a better word.  Some words added to make it flow better and I might leave out the words in square brackets.

pryder

Thanks @Coupon-mad for your response. Assuming all else is okay, I will submit this using the instructions in the sticky.
@1505grandad - it was Oct 2018.

pryder

Le_Kirk said:

pryder said:

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 far and requiring additional space around the car to enter and exit the vehicle. Following receipt of the PCN and 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.

Couple of suggestions.  It is not really mandatory (required by law) but essential is maybe a better word.  Some words added to make it flow better and I might leave out the words in square brackets.

Just saw this - these are helpful suggestions. Thanks so much!

1505grandad

".. it was Oct 2018."

You should be using/quoting the relevant IPC CoP for the time of the parking event which is version 6:-

https://theipc.info/uploads/nO2Fg-ZOR7SS0YEXy1myzN8sRw7tq4nprLtyH_EGFTI/Code of Practice v6 Amended 14th June 2017-V1.pdf

pryder

Thanks @1505grandad. I have amended and this is hopefully the final version:

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 event 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 essential due to having a disabled passenger unable to walk far and requiring additional space around the car to enter and exit the vehicle. Following receipt of the PCN and despite an appeal, notifying the Claimant of the circumstances, the appeal was not considered and no provision was made for the disabled passenger. This is against the Equality Act 2010

Section 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:

15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site.

15.2 Drivers must be allowed a minimum period of 10 minutes to leave a site after a pre-paid or permitted period of parking has expired.

 

Coupon-mad

I think 'Following receipt of' should be a new numbered paragraph.

pryder

Okay thanks. I have amended that and will send off. Really appreciate the help!

pryder

I have sent off my N180 DQ to Northampton. Question is what email address should I use when sending this to BW Legal? Or does it not matter? I did a search on the forum and couldn't see anything definitive.
Their postal correspondence gives MAslam@bwlegal.co.uk but I've also seen enquiries@bwlegal.co.uk.
TIA

Umkomaas

Send it to the BWL email address you have already. I'd include that in the address line to the CCBC so you're only sending one email (to two parties), and if the CCBC have received it, so should BWL. 

Whether it's the most convenient email address for BWL is not your problem, it's theirs to sort out. You've done your bit in sending it to the Claimant.

pryder

Okay thanks for clarifying. I have already sent off the email to CCBC so the one to the claimant will have to be separate but don't think it should be an issue.