County Court claim form UK parking control

Coupon-mad

It's in their draft defence. Final sentence of para 3:

"The defendant then spoke to the waitress inside to explain the situation, which she assured us was ok, and the bins could be accessed."

Thus: a 'reasonable adjustment' was agreed, in order to accommodate the needs of the disabled person in terms of accessing their car (to and from the premises) at a time when all disabled bays were full.

Equality Act trumps contract law.  An alternative verbal agreement was made. Easy one for a Judge to rule on.

Debunked

Hello all, just wondered if there are any adjustments needed to para 2 and 3 thanks. Also going to go to the restaurant in question take pictures of signs etc., but also see if the waitress still works there 🤞,and have a chat with the manager to explain the situation.

Coupon-mad

I assume you've made the changes suggested already?  Please show the final draft paras 2 and 3, as we are on a new page now.

Photos don't go with the defence anyway so you have time to go and get those.

Debunked

Hello all, this is 2 and 3 revised. 

2. It is admitted that the Defendant was the registered keeper, and driver of the vehicle in question. No liability is admitted by the defendant. 

 

3. (a) The defendant travelled to the car park on the date in question, with an elderly relative. The reason for visiting the leisure park was to go to a restaurant that had been pre-booked.  On arrival the car park was very busy, all spaces near the restaurant were taken up.  Even disabled spaces outside the restaurant were taken.  Upon travelling around the back of the restaurant the defendant noticed a space between the bins and the next space. As the next space was occupied there was no way that where the defendant parked was inhibiting anyone else from using a space, (there is proof of this on the photographic evidence from the claimant) because of the location of the bins.  This allowed the car to be close to the restaurant, and enough space on the left hand side of the car for the defendant's elderly relative to be able to exit the vehicle, walk to the restaurant and walk back to the vehicle as conveniently as possible.

(b) The defendant then spoke to the waitress inside to explain the situation, which she assured us was ok, and the bins could be accessed. The defendants relative has unfortunately since died, but were disabled due to chronic arthritis causing severe mobility issues, thus the verbal agreement of the restaurant staff to park there was express permission and a 'reasonable adjustment' under the Equality Act 2010.

Thanks

Coupon-mad

Yep, seems good.

You could add that it was dark (if it was, on arrival?) and no signs were seen and certainly no prominent or lit 'terms & conditions' which in any case would not override the verbal contract made especially to allow a disabled person comfortable access and egress.

Debunked

Coupon-mad said:

Yep, seems good.

You could add that it was dark (if it was, on arrival?) and no signs were seen and certainly no prominent or lit 'terms & conditions' which in any case would not override the verbal contract made especially to allow a disabled person comfortable access and egress.

1:30pm on a Saturday afternoon

Debunked

I can add that I did not see any prominent signs though. If you deem it a valuable addition?

Coupon-mad

Yes, definitely.

Didn't see any signs or 'terms & conditions' which in any case, would not override the verbal contract made especially to allow a disabled person comfortable access and egress.