Forgotten Blue Badge PCN

mechpet

Half_way said:

Has it gone to court, or is it still pending a court hearing?

If its still pending, then the letter above is pure rubbish, as they can withdraw the claim

Which is it, gone to court, or pending ( ie papers issued by no other action yet)?

 Hi, no it’s not gone to court yet. Last notification was that the case has been transferred to Chelmsford and the next stage will be judge’s directions? 

Half_way

Get back to the NHS trust and ask them why they have decieved you, Geoff Roberts states in the letter that the case has gone to court, it has not.

As principal they are jointly liable for the actions of their agents, this if further enforced by the NHS parking principles.

As the case has not gone to court then the NHS trust must instruct their agents to discontinue and withdraw the claim with immediate effect, a simple process that anyone who uses/abuses the county court system can initiate .

Geoff Roberts, is a  lying toe Rag at best he is believing the rubbish spouted by his agents - the paring company. At worst he is deliberately trying to deceive you  in order to con you into paying up

The claim has not yet gone to court - it can be discontinued

mechpet

@Half_way thank you for your message. Unfortunately as far as I am aware there is no NHS trust linked to them. Harlow Health Centres Trust are their own organisation. I have tried everything of relevant fact with them… Blue badge not being valid on private land, Excel v Greenwood, The EA, NHS parking principles, joint liability as the landowner, but they have absolutely no interest in the way the PPC are operating. I think it is telling in Mr Roberts response with the line “even if we wanted to” what his view is.  

KeithP

It's not a NHS Trust.

The Harlow Health Centres Trust Limited is a charity with two employees - apparently nothing to do with the NHS.

mechpet

Hello everyone, sorry it’s been a while. We have a court date for May.  As predicted by the newbies thread, VCS have been quick off the mark to provide their witness statement and supporting evidence. My dad also received a letter offering a settlement of £200 as they have a ‘strong’ case and they will take said letter and show the judge of their attempts to resolve the case. 

I have had the paperwork a little while and have been getting copies of everything together as I know the PPC and the court need copies of everything, and I am in the process of writing the witness statement. I am looking to include Beavis and also Excel v Greenwood. I also understand from reading on here that the EHRC ruled that it was discriminatory to request a blue badge be displayed on private land? But after searching I am struggling to find anything more, so wondering if this is not a thing?

As always, any assistance is appreciated. Thank you 

Boat_to_Bolivia

Current exemplar WS are by @aphex007 and @SJRRJS.

Grizebeck

Ignore their offer its a joke

Coupon-mad

 I also understand from reading on here that the EHRC ruled that it was discriminatory to request a blue badge be displayed on private land? 

No, that didn't happen and would be pushing it too far.  That is not the case.

The EA says a trader must not discriminate against a disabled person.  A PPC deciding to require a blue badge is the norm, and in fact it's a good thing and it's reasonable...to a point.

I'd say that the line is crossed if the trader knew or should have known the person was disabled but still pursues them (e.g. having seen the blue badge in an early appeal, yet not cancelling the PCN) or imposes fixed time limits (free 2 hour parking but no mechanism for disabled people to exempt themselves or at least claim longer).

mechpet

Coupon-mad said:

 I also understand from reading on here that the EHRC ruled that it was discriminatory to request a blue badge be displayed on private land? 

No, that didn't happen and would be pushing it too far.  That is not the case.

The EA says a trader must not discriminate against a disabled person.  A PPC deciding to require a blue badge is the norm, and in fact it's a good thing and it's reasonable...to a point.

I'd say that the line is crossed if the trader knew or should have known the person was disabled but still pursues them (e.g. having seen the blue badge in an early appeal, yet not cancelling the PCN) or imposes fixed time limits (free 2 hour parking but no mechanism for disabled people to exempt themselves or at least claim longer).

Thank you for clarifying this, I did wonder if it was correct as I couldn’t find anything further when looking.

Yes, the PPC fully acknowledged my dad having a valid blue badge at the very first appeal, but have refused to rescind the charge as they said the fact remained that the badge wasn’t displayed. I have also tried the landowner who also refused to assist saying they couldn’t help even if they wanted to. 

Coupon-mad

Exactly like Excel v Greenwood!  Problem is there is no transcript from that case and it's not a precedent of course.