DCB Legal (UKPC) - County Court Business Center Claim Letter.

fisherjim

IMHO A blue badge can be used as an indicator to a parking company that a disabled person was using that vehicle which in fact assists the operator and would stop them wasting their time money and effort chasing where it is not appropriate.

In this case the disability has been proven by other means at appeal and the charges should be dropped, that's what the appeal process is supposed to be set up for.

But of course PPC's don't play to the rules and their parking club allows it, greed always takes over.

karldonteljameswoods

I've completed the AOS. The next step is to file a defense is that correct? Do I do that under Response Forms?

KeithP

karldonteljameswoods said:

I've completed the AOS. The next step is to file a defense is that correct?

That's correct.

karldonteljameswoods said:

Do I do that under Response Forms?

What??

Perhaps you should re-read my post on your thread on 19 November at 12:43PM - just three days ago - where amongst other stuff I wrote...

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

See those words "file a Defence by email"?

karldonteljameswoods

Galloglass said:

Follow the advice above about acknowledging.

If you have a copy of the PIP paperwork, send it to the other side with and point out that although there was no blue badge, there was a person with a disability in the car. 

How many mobility points on the PIP assessment? 

Contractually they are correct in that a badge is needed, but PIP is an alternative indicator of a disability albeit not one that falls within the contractual envelope. 

See how they deal with that issue as a refusal to consider the PIP evidence should count against them. You are giving them (another) chance to be reasonable and not to waste the court's time. 

You'll still need to have a defence prepared as these are mass produced claims but you have to reinforce your earlier point about movement and get them on the back foot about their contract. A reasonable judge would give them stick for ignoring early proof.

Do you have a BB now?

A blue badge was issued, but has since expired due to not requiring it any more (according to PIP) - despite sitll having mobility issues, but that is another matter. 

There were 12 points for the mobily element.

karldonteljameswoods

KeithP said:

karldonteljameswoods said:

I've completed the AOS. The next step is to file a defense is that correct?

That's correct.

karldonteljameswoods said:

Do I do that under Response Forms?

What??

Perhaps you should re-read my post on your thread on 19 November at 12:43PM - just three days ago - where amongst other stuff I wrote...

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

See those words "file a Defence by email"?

Sorry. I saw that but couldn't find the information on the page. I've found the letter and I have changed the facts as known to the defendant. I cant find a copy of the original appeal. Is this acceptable, or do i need to add more/change it? - Sorry i'm not great at this type of thing. Everything else on the template has bee left with teh exception of my name, UK Parking Control and the claim number.

Once i'm happy, print, sign & scan along with the PIP letter and the photo above and email this to CCBCAQ@Justice.gov.uk and DCB Legal  Defence team if i can find their email address, is that correct?

The facts as known to the Defendant:

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

3. The defendant and his family were visiting Dockside outlet shopping centre on the date of the alleged offence. The vehicle was parked in a disabled bay due to carrying a passenger with clear mobility issues. This was recognised by a PIP assessment and subsequently a letter outlining this dated 21st December 2016. The defendant’s passenger had a Taylor special frame fixed to her leg due to trauma that occurred October 2015 and requiring multiple surgeries. As noted on the PIP assessment it was recognised that the passenger could stand and move more than 1m, but no more than 20m. Upon returning to the vehicle the carpark attendant was issuing the ticket and could clearly see the defendant and passenger returning to the vehicle.

Fruitcake

It was not an offence.

You need to include the fact that an occupant of the car had protected characteristics as defined by the Equality Act 2010, and the claimant breached this Act by failing to make reasonable adjustments such as allowing more time for a person with a disability.
You need to include the fact that failing to make reasonable adjustments is indirect discrimination, and once the claimant was aware of the disability, continuing with the claim constituted direct discrimination.

karldonteljameswoods

Is this better?

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

3. The defendant and his family were visiting Dockside outlet shopping centre on the date of the alleged offence. The vehicle was parked in a disabled bay due to carrying a passenger (occupant) with clear mobility issues. This was recognised by a PIP assessment and subsequently a letter outlining this dated 21st December 2016. The additional occupant had a Taylor Spacial frame fixed to her leg due to trauma that occurred in October 2015 and required multiple surgeries. As noted on the PIP assessment it was recognised that the occupant could stand and move more than 1m, but no more than 20m. The occupant subsequently applied for and was awarded a blue badge following the alleged offence which was issued by Medway Council, however has since expired. Upon returning to the vehicle, the car park attendant was issuing the ticket and could clearly see the defendant and occupant returning to the vehicle. The occupant of the vehicle had protected characteristics on the date of the alleged offence as defined by the equality act 2010. The claimant breached this Act by failing to make reasonable adjustments such as allowing more time for a person with a disability. The claimant was made aware of this when an appeal was lodged immediately following the issuing of the PCN and continuing with the claim constitutes as discrimination.

Should it say allowing more time? That wouldn't allow for parking in a disabled space, would it?

KeithP

Wait to se what others say about the rest of it, but I would definitely remove these few words - "however has since expired".

In fact I would replace that whole sentence with something like...
"An occupant of the car has a blue badge issued by Medway Council.".
No further elaboration is needed.

Fruitcake

Change offence to event. 

I would also say something that not making reasonable adjustments before the claimant was aware of a disability constituted indirect discrimination. However, since the claimant's parking attendant was aware that one of the vehicle's passengers had an obvious physical disability, and the claimant knowingly continued to pursue the defendant, then direct discrimination has occurred as defined by the above Act.

If you made the claimant aware of the passenger's disability in writing before the claim was issued, then mention that as well.

karldonteljameswoods

KeithP said:

Wait to se what others say about the rest of it, but I would definitely remove these few words - "however has since expired".

In fact I would replace that whole sentence with something like...
"An occupant of the car has a blue badge issued by Medway Council.".
No further elaboration is needed.

The badge is no longer valid due to the frame being removed.