Equality Act and Private Land Parking issues

ally50

Le_Kirk said:

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!

Hi, 

I sent Mouse007 a PM but no reply yet.

Is there any other drafts or templates available in here?

Thank you

Mouse007

Sorry @ally50 not sure why that link failed

Try This

ally50

Hi all,

I am about to complete draft of my defence.

1) Do I need to include any evidence such as photos etc at this stage?

2) I am confused about "defence" and "witness statement" are they the same stage?

Thank you

Le_Kirk

A defence is a series of short punchy legal/technical arguments in the third person.  The arguments should be used to refute what is claimed in the POC.  Using the defence template, paragraph #1 is not edited, paragraph #2 states whether you are keeper and NOT the driver or keeper AND driver.  An own space defence is best defended as keeper and driver as you can then give an honest first person account in the witness statement.  A defence as "not driver" is best if  a) you weren't the driver and b) the PCN failed POFA.  Paragraph #3 is used to set the scene for the judge and explain that you deny not paying/ overstaying/not displaying/not having a permit/not having a blue badge (or whatever the POC states) and, provided you have opened the door with those arguments, you can tell the whole story in the narrative that forms the witness statement along with the evidence that backs up the defence.  Just write section 3 in your own words and one of the regulars will critique it for you; resist the temptation to write War & Peace.

A witness statement is written in the First Person and is a narrative (a story) of what happened on the day and subsequently and is used to give evidence that backs up and supports what you wrote in the defence.  No evidence goes with the defence save it for the WS.  Good example of format and style at the moment is one by @aphex007

Coupon-mad

If you are following what the NEWBIES thread says, you will see from the IMPORTANT: KNOW WHAT HAPPENS WHEN section that they are completely separate.  It also tells you that evidence only goes at WS stage.

ally50

Hi All, can you please comment on my defence. thank you. 

DEFENCE DRAFT

1. The Parking Charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. It is denied that any conduct by the driver was a breach of any prominent term and that this Claimant has standing to sue or form contracts in their own name. 

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

3.The PCN issued on xxxxxx; the defendant has disabilities and several medical condition(s) which requires the defendant to need the toilet urgently on occasions. Therefore the defendant has to stop there to access the toilet. 

The PCN issued on xxxxx; the defendant has to stop there due to severe muscle spasm which significantly restricts the defendant’s mobility. 

4. These PCNs issued at a residential site where the defendant has has held legal title under the terms of a Tenancy Agreement (TA) for parking nearby home. Therefore the defendant has been parking around the building at the current address since August 2021. The defendant has noticed “parking restriction signs” around the area after the defendant discharged from the hospital in January 2022. 

5. The defendant believes that a contract (TA) can not be altered by one party without permission of other (primacy of contract) and that parking permits can not be forced on the Defendant. 

6.The defendant contacted PPC and the Housing Management Team several times and required information and advice about these changes as the Defendant were confused about the terms and which areas were subject to control and which areas were available to stop/park. However, the Claimant failed to provide information and advice such as where the alternative disabled parking bays etc. A so called contract can only be effective if it is clear and the terms unambiguous to everyone. (the Claimant have issued number of tickets which were cancelled due to claimed to be erroneous)

7- These changes were very detrimental for the defendant’s health and daily life.The defendant believes this is 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 the defendant has a right to park there then the housing association/management through the actions of their parking agents have failed to carry out due diligence to ensure they are entitled to access the defendant’s personal data. 

Coupon-mad

I'd add mention of your case being on all fours with the authority of 

Kettel & Ors v Bloomfold Ltd [2012] EWHC 1422 (Ch)

https://www.casemine.com/judgement/uk/5a8ff7ba60d03e7f57eb18e0/amp

Read it.  Mention it. Do not attach it.

Remove these words (ONLY THESE) because 'title' means ownership, which a tenancy isn't:

"legal title under the terms of"

ally50

Thank you Coupon-mad,

Amend it as;

4. These PCNs issued at a residential site where the defendant has a Tenancy Agreement (TA) allows for parking nearby home. 

5.

6.

7.

8- The Defendant refers previous cases such as;

In Pace v Mr N [2016] C6GF14F0 [2016] and  Link Parking v Ms P C7GF50J7 [2016] were found that the parking company could not override the tenant's right to park by requiring a permit to park.

In Jopson v Homeguard [2016] B9GF0A9E, on appeal it was found that the parking company could not override the tenant's right to temporarily stop near the building entrance for loading/unloading. 

In Saeed v Plustrade Ltd [2001] EWCA Civ 2011, was found the managing agent could not reduce the amount of parking spaces available to residents. 

In PCM-UK v Bull et all B4GF26K6 [2016] and UKPC v Masterson B4GF26K6[2016] residents were parking on access roads. The signage forbade parking and so no contract was in place. A trespass had occurred, but that meant only the landowner could claim, not the parking company. 

In Jopson v Homeguard [2016] B9GF0A9E, it was established that ParkingEye v Beavis [2015] UKSC 67 does not apply to residential parking.

In another example, this case is on all fours with Kettel & Ors v Bloomfold Ltd [2012] EWHC 1422 (Ch) where it was found....? (can you please rephrase)

Should I add more (relevant) paragraphs from the template ?

Many thanks

Coupon-mad

where it was found....? (can you please rephrase)

It is for you to read & understand & be able to explain verbally if you get to a hearing.  It's no good us telling you what your authorities say because that's not helping you.

You could just search the forum to learn how others expressed it before you. Clearly today is not the first time Kettel v Bloomfold has appeared in a parking defence here!

Le_Kirk

I am not sure that your wording for paragraphs 3 & the unnumbered one following, explain clear where "there" is.  Does it relate to a car park at your residence or a space within the car park or to a space outside your residence where you have been given permission to park due to your disability and medical condition?  It needs to be clear to the judge even though you can explain it all more clearly in the witness statement (WS).  Maybe you could say "PCN reference number xxxxxxxx relates to a date DD/MM/YY when the defendant's car was parked in their allocated space/on the road outside/somewhere else* in line with the permission/authority granted to them by reason of their tenancy agreement/something else*."  Having introduced it in the defence, you can then explain in the WS where you use the full narrative (story) of hat happened in the day(s)
*Obviously you replace the words I've used with the actual facts.