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

KeithP

karldonteljameswoods said:

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The badge is no longer valid due to the frame being removed.

But it was valid at the time of the parking incident wasn't it?

The fact that it is not valid now is irrelevant and mentioning that it has expired only puts questions in the Claimant's mind.

karldonteljameswoods

No, the badge was issued after the fact.

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 offense. The vehicle was parked in a disabled bay due to carrying a passenger (occupant) with clear mobility issues. This was recognized 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 recognized that the occupant could stand and move more than 1m, but no more than 20m. The occupant was subsequently awarded a blue badge by Medway Council. The occupant of the vehicle had protected characteristics on the date of the event 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 directly discriminated against the occupant by virtue of the carpark attendant’s ability to clearly see the occupant's visible physical disability. The claimant continued to directly discriminate against the occupant by knowingly pursuing the defendant after they were made aware of the disability of the occupant when an appeal was lodged immediately following the issuing of the PCN.

Edit: blue badge statement

Trainerman

karldonteljameswoods said:

No, the badge was issued after the fact.

It is still correct and accurate to say that the BB was subsequently awarded for this very lack of mobility, and I for one would use it. The fact that years later the person 'got better' is totally irrelevant .

edit to add: we were both typing at the same time. Looks better to me

karldonteljameswoods

"An occupant of the car has a blue badge issued by Medway Council.".
I wasn't sure if i should write this as it wasn't technically accurate at the time of the event.

karldonteljameswoods

Sorry, just want to double check this is the correct letter.
The next step is to print, sign and scan it, attached it to an email with the pip letter and the picture and send that to:

response@dcblegal.co.uk and CCBCAQ@Justice.gov.uk with the subject of <Claim number> Defence

In the body of the email.

URGENT: RE CLAIM: <Claim Number> Please find attached my defence and evidence.

Many thanks.

Then I wait?

taken from the second past by coupon-mad here Template defence to adapt for all parking cases where they add false admin costs - edited March 2022 — MoneySavingExpert Forum updated on 29th May @ 13:51

...

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 event. The vehicle was parked in a disabled bay due to carrying a passenger (occupant) with clear mobility issues. This was recognized by a PIP assessment and there is letter confirming this. 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 recognized that the occupant could stand and move more than 1m, but no more than 20m. The occupant was awarded a blue badge by Medway Council. The occupant of the vehicle had protected characteristics on the date of the event as defined by the equality act 2010. The claimant breached this Act by failing to make reasonable adjustments. The claimant directly discriminated against the occupant by virtue of the carpark attendant’s ability to clearly see the occupant's visible physical disability. The claimant continued to directly discriminate against the occupant by knowingly pursuing the defendant after they were made aware of the disability of the occupant when an appeal was lodged immediately following the issuing of the PCN.

...

Edit: Removed Allow more time and amended pip letter

Fruitcake

It is not an offence. Please stop using that word.

KeithP

Sorry for harping on about it, but why do you need the word 'subsequently' in that sentence?
As I said, it just puts questions in the Claimant's mind.
Yes of course you need to tell the truth, and that sentence is still true without that word.

I would also reduce this sentence - This was recognized by a PIP assessment and subsequently a letter outlining this dated 21st December 2016...
to...
This was recognized by a PIP assessment and there is a letter confirming this. 
Still perfectly true.

karldonteljameswoods

Not at all. I appreciate all the help you are all giving me. I've removed subsequently from the blue badge statement.

Coupon-mad

And get rid of 'allowing more time'.