Forgotten Blue Badge PCN

mechpet

Hi, 

So I have my dad's draft of the witness statement. its taken a lot longer than I thought and I think it can probably be improved. I've not put the page numbers in yet as I am expecting to have to edit. I also need to put in the costs at the end, I'm not sure if anything I've left in from the template is relevant or not so would appreciate some guidance if possible.

https://www.dropbox.com/scl/fi/seirttu8c1n1y2sj5jksy/Claim-v1-redacated-copy.docx?dl=0&rlkey=3nz8qdcpt8pqirrrmkmgbi246

The formatting has gone out the window a bit, but I can sort that out before emailing 

Many thanks 

1505grandad

I have not read WS but see that the BPA CoP is in exhibit list. Claimant (VCS?) are IPC AoS members so you should be using/quoting from the relevant IPC CoP.

mechpet

Thank you for your comment. I found them on the BPA member list but if the IPC is the appropriate one. I will amend. 

KeithP

mechpet said:

Thank you for your comment. I found them on the BPA member list but if the IPC is the appropriate one. I will amend. 

They may well be corporate members of the BPA, but can only be a member of one Accredited Operator Scheme.

Vehicle Control Services Ltd are members of the IPC's AOS.

mechpet

Thank you - now amended 

https://www.dropbox.com/scl/fi/sgxavwdawmla3jvy127sp/Claim-v2-redacated.docx?dl=0&rlkey=spf64owxgg2454qb4w3vyod3n

Coupon-mad

mechpet said:

Thank you - now amended 

https://www.dropbox.com/scl/fi/sgxavwdawmla3jvy127sp/Claim-v2-redacated.docx?dl=0&rlkey=spf64owxgg2454qb4w3vyod3n

We will take a look over the weekend I hope. 

mechpet

Coupon-mad said:

mechpet said:

Thank you - now amended 

https://www.dropbox.com/scl/fi/sgxavwdawmla3jvy127sp/Claim-v2-redacated.docx?dl=0&rlkey=spf64owxgg2454qb4w3vyod3n

We will take a look over the weekend I hope. 

Thank you, any advice you can offer would be great. 

Coupon-mad

Looks very good indeed.

I'd remove exhibit 09 entirely.  No sign close-up.

And I'd add one more paragraph saying:


Whilst the IPC Code of Practice assists on the matter of mandatory entrance signs (and this Claimant is clearly in breach) it must be remembered that is a self-serving Code for and created by the parking industry themselves. For the proper and lawful approach to pursuing (or not pursuing) parking charges against disabled service users, we must read the new incoming statutory Code where the Government refers at the top, to the Equality Act 2010 and the EHRC statutory Code of Practice for Services and Public Functions.

Having reviewed those statutes as part of the process of regulating this rogue industry, the Government is making it mandatory that in appeal, where a motorists provides their blue badge the parking charge must be cancelled.

See Annex F.3 Appeals:

"In considering appeals parking operators must recognise the following as mitigating circumstances warranting cancellation of a parking charge, subject to evidence being provided:

e) where a Blue Badge has not been displayed but the holder of the Blue Badge supplies a copy of the Blue Badge they hold that would have been valid at the time and in the circumstances identified in the notice of parking charge i.e. that the holder was in the vehicle whether or not as the driver)."

mechpet

Coupon-mad said:

Looks very good indeed.

I'd remove exhibit 09 entirely.  No sign close-up.

And I'd add one more paragraph saying:


Whilst the IPC Code of Practice assists on the matter of mandatory entrance signs (and this Claimant is clearly in breach) it must be remembered that is a self-serving Code for and created by the parking industry themselves. For the proper and lawful approach to pursuing (or not pursuing) parking charges against disabled service users, we must read the new incoming statutory Code where the Government refers at the top. to the Equality Act 2010 and the EHRC statutory Code of Practice for Services and Public Functions.

Having reviewed those statutes as part of the process of regulating this rogue industry, the Government is making it mandatory that in appeal, where a motorists provides their blue badge the parking charge must be cancelled.

See Annex F.3 Appeals:

"In considering appeals parking operators must recognise the following as mitigating circumstances warranting cancellation of a parking charge, subject to evidence being provided:

e) where a Blue Badge has not been displayed but the holder of the Blue Badge supplies a copy of the Blue Badge they hold that would have been valid at the time and in the circumstances identified in the notice of parking charge i.e. that the holder was in the vehicle whether or not as the driver)."

Thank you @coupon-mad I must say a big thank you to @SJRRJS as it was their template I have adapted. I have made those changes. still just need to sort out the schedule of costs I think

https://www.dropbox.com/scl/fi/jwsndwxrnv7jpyub295li/Claim-v2-redacated.docx?dl=0&rlkey=2qtpmtrqk0f8xwvlybiae1c3s

Can I just ask does this need to be printed off for the court and PPC or can it be emailed?

Many thanks

B789

mechpet said:
Can I just ask does this need to be printed off for the court and PPC or can it be emailed?

MoJ guidance for sending emails in civil matters is clarified here:

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05/pd_part05b