Equality Act and Private Land Parking issues

ally50

Hi, please I need help to deal with unfair parking tickets on a private land. There was no restriction for parking around my home (my tenancy agreement states you can park near your home) but then the parking company involved and introduced restrictions for everyone including disabled people to park around the building. I have physical and mental health problems. I am unable to avoid parking near my home when I am in my bad days. 
I received a "claim form" from the court dated 10/01/2023. Your help is appreciated. 

Galloglass

Others will advise you on how to deal with the claim but could you tell me if your Landlord is some sort of Housing Association or Social Landlord?

No need to name anyone. Just a yes or no.

KeithP

ally50 said:

I received a "claim form" from the court dated 10/01/2023. 

Hello and welcome.

With a Claim Issue Date of 10th January, you have until Monday 30th January to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 13th February 2023 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

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.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Fruitcake

Plan A is always to complain to the landowner and your MP.

What is the name of the parking company please?

Ask the landowner/landlord/managing agent when a ballot of all landlords and tenants was carried out in accordance with the Landlord and Tenant Act 1987 that permitted your tenancy agreement to be amended.

Contact other residents who I'm sure will also be having problems.

ally50

I am sorry I could not respond  you individually.

I am Housing Association tenant.

I already made a few complaints to the landlord. They said that I need to sort out with parking company  called Parking control management UK

ally50

I complained to Local Authority (LA) they confirmed that this was unsuitable accommodation and would transfer me elsewhere. The problem is that I would get many tickets until  I have been transferred. I wrote to al; the landlord, LA, PCM UK for a temporary solution at least until  I moved out. There was no response!

Half_way

Get back to the housing !!!!!!/management and TELL them they are jointly liable for the actions of their agents , and as thye have imposed an un regulated parking company upon the residents in contravention ( at a guess) of the land lords and tenants act , they must take action against their agents to stop this, and ultimately remove this un regulated company.

 Also if you have it in writing that you can park in certain areas then tell them this will take precedent over any third party ( such as an unregulated parking company)

If they persist then you will consider action for a breach of the Equality act ( aka disability discrimination - failing to provide reasonable adjustments for someone with a long term disability) and a breach of GDPR - as you already have a right to park there then the housing association/management through the actions of their agents have failed to carry out due diligence to ensure they are entitled to access an process personal  ( your ) data

You need to be absolutely firm and come down on them like a tonne of bricks , no requests, no asking no pleases no thank you's  - blunt - hard- sharp

ally50

Half_way said:

Get back to the housing !!!!!!/management and TELL them they are jointly liable for the actions of their agents , and as thye have imposed an un regulated parking company upon the residents in contravention ( at a guess) of the land lords and tenants act , they must take action against their agents to stop this, and ultimately remove this un regulated company.

 Also if you have it in writing that you can park in certain areas then tell them this will take precedent over any third party ( such as an unregulated parking company)

If they persist then you will consider action for a breach of the Equality act ( aka disability discrimination - failing to provide reasonable adjustments for someone with a long term disability) and a breach of GDPR - as you already have a right to park there then the housing association/management through the actions of their agents have failed to carry out due diligence to ensure they are entitled to access an process personal  ( your ) data

You need to be absolutely firm and come down on them like a tonne of bricks , no requests, no asking no pleases no thank you's  - blunt - hard- sharp

Very strong and helpful phrases I am going to be as firm many thanks  

Coupon-mad

Please also read this & contact BBC Watchdog:

https://forums.moneysavingexpert.com/discussion/comment/79788488/#Comment_79788488

Galloglass

It may pay you, literally, to check the Housing Ombudsman site for previous complaints about your HA. 

https://www.housing-ombudsman.org.uk/decisions/notting-hill-genesis-202008951/

ally50

KeithP said:

ally50 said:

I received a "claim form" from the court dated 10/01/2023. 

Hello and welcome.

With a Claim Issue Date of 10th January, you have until Monday 30th January to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 13th February 2023 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

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.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Hello KeithP, 

I filed the Acknowledgement Service and sent a SAR request to the Private Parking Company. I understand they have 30 days to respond. In the worst case scenario I will have to submit my defence prior to receiving ALL my files from the PPC!! 
Due to my disabilities is there any chance to extend the deadline for filing the Defence?

Thank you