Equality Act and Private Land Parking issues

Umkomaas

Due to my disabilities is there any chance to extend the deadline for filing the Defence?

None at all. But the SAR results will be much more useful at your Witness Statement/Evidence stage, some months away. No need for concern. 

ally50

I would be very grateful if you could help me to draft my defence.
My questions;

1. I need to defend two PCNs, do I need two defend them separately or refer them separately under one single defence?

2. One of this Penalty Charges was upheld by Independent Appeal Service but the decision  was referring  to the Charge that I did not appeal for it ?!

The decision was "The guidance to the appeal is clear that I may only consider legal issues not extenuating circumstances. Only the Operator has this discretion.The Operator has provided photographic evidence of the Appellant's vehicle parked on the land they manage, and outside of a bay. The appeal is dismissed.-----" 

3. PPC have already cancelled several tickets stating that they issued incorrectly ! Basically  I feel being harassed  and since they issued penalty tickets wherever they saw my car confused me where and when to park. Do you think I should counter Claim as well?

Many thanks  

Mouse007

Before you start writing your defence have a read of this

Then have a look at your tenancy/rental aggreement. What does that say about parking?

These should lead you to understand primacy of contract and that parking permits can not be forced on you.

Then have a good read of the signs, what do they say exactly? I bet they say Permit Holders Only and do not actually offer you anything.

Defend both tickets as one, I am dealing with 4 in one defence.

By way of example, and note not quite the same situation as yours but similar have a look at this defence that I drafted for my son. Note I used the template defence here, sticky announcements top of forum one click back.

All you need to do is edit 2 and 3. In my example I also added 4 to 13 and renumbered the rest of the template paragraphs. Not a word in paragraph 14 onwards was changed.

Post your draft 2 and 3 + extras here, but please NOT the whole template, we don't need to see that.

Coupon-mad

1.  If you only have one claim form (re two PCNs) then refer them separately under one single defence.  Do not call them a fine or penalty!

2.  IAS decisions are not worth the virtual paper they are written on.  You can say in the facts section of your defence that you tried the so-called 'IAS' for one PCN in good faith, sadly without realising that it is considered by MPs and consumer groups to be a self-serving kangaroo court. and only found that out the hard way.

3.  Counterclaim? No.

Galloglass

PPC have already cancelled several tickets stating that they issued incorrectly

Can you remember what was different between the ones cancelled and the ones brought to the claim stage. For example, were you parked in a different area?

ally50

Galloglass said:

PPC have already cancelled several tickets stating that they issued incorrectly

Can you remember what was different between the ones cancelled and the ones brought to the claim stage. For example, were you parked in a different area?

Yes, they were in different areas but the signs are almost the same. it is ridiculous that to find out where you are allowed to park; you need to park there, get the ticket and appeal. Then they would say "sorry the ticket was issued incorrectly". After spending about two years in the area and being issued 12 tickets, only now I can tell where I am allowed to park !!

ally50

Coupon-mad said:

1.  If you only have one claim form (re two PCNs) then refer them separately under one single defence.  Do not call them a fine or penalty!

2.  IAS decisions are not worth the virtual paper they are written on.  You can say in the facts section of your defence that you tried the so-called 'IAS' for one PCN in good faith, sadly without realising that it is considered by MPs and consumer groups to be a self-serving kangaroo court. and only found that out the hard way.

3.  Counterclaim? No.

1. Good point ! I will not .

2. This is exactly what happened. 

Thank you

Galloglass

Yes, they were in different areas but the signs are almost the same. it is ridiculous that to find out where you are allowed to park; you need to park there, get the ticket and appeal. Then they would say "sorry the ticket was issued incorrectly". After spending about two years in the area and being issued 12 tickets, only now I can tell where I am allowed to park !!

This should also be part of any defence. A contract (which is what they rely on) can only effective if it is clear and the terms unambiguous to the common man/woman. You and others (if you can find them) were confused about the terms and presumably which areas were subject to control and which areas were available to you. 

Make sure this is towards the top of your defence and include examples of where the tickets were cancelled.

ally50

Mouse007 said:

Before you start writing your defence have a read of this

Then have a look at your tenancy/rental aggreement. What does that say about parking?

These should lead you to understand primacy of contract and that parking permits can not be forced on you.

Then have a good read of the signs, what do they say exactly? I bet they say Permit Holders Only and do not actually offer you anything.

Defend both tickets as one, I am dealing with 4 in one defence.

By way of example, and note not quite the same situation as yours but similar have a look at this defence that I drafted for my son. Note I used the template defence here, sticky announcements top of forum one click back.

All you need to do is edit 2 and 3. In my example I also added 4 to 13 and renumbered the rest of the template paragraphs. Not a word in paragraph 14 onwards was changed.

Post your draft 2 and 3 + extras here, but please NOT the whole template, we don't need to see that.

I have read the article , very useful to draft my defence. I could not look at your draft in the dropbox. Is it possible to upload them here.

Many thanks

Le_Kirk

I could not look at your draft in the dropbox.

The file does not seem to exist; you could send a PM to @Mouse007 and ask him to make it available, although he did declare himself "out" yesterday in another thread 25 January at 10:43PM.  <<<<LINK Not sure how serious it is!