Equality Act and Private Land Parking issues

ally50

Many thanks to everyone I have won the case
Primacy of contract and grace period applied 

Le_Kirk

Well done, when you have stopped walking on cloud nine, can you give us a bit of a court report please?

Coupon-mad

ally50 said:

Many thanks to everyone I have won the case
Primacy of contract and grace period applied 

Oooh well done!

ANOTHER ONE BITES THE DUST.

Do tell us more about the hearing (who said what, and did their rep try to put you off outside in the waiting room?) as new posters like to read accounts.

Did you ask for your costs at the end?

ally50

No rep from their side.
It is a private land there is 24/7 parking restriction. I had a tenancy agreement stating that when there is no parking space available in the communal car park you can park nearby you home. I had parked in front of my home. judge said this evidence is sufficient to dismiss the claim. I also said that there was no grace period, the claimant evidence (photos) are taken within one minute, as soon as they saw my car from their camera system they walk out and issue penalty tickets. The judge found this in my favour and added that  short waiting time no grace period considered.

Because I was not familiar with this kind of procedures I did not ask for my cost. Probably, this is why the judge asked me a few times that "is there anything else you want to say"? I did not get it, dumb me:)

ally50

The weird thing that happened that I had several penalty tickets at that time.But they only applied to the court for two PCNs. in my defence  I had stated and invited to court for a preliminary judgment  to ask the claimant to bring up all PCNs to save court's valuable time. I do not know why the judge did not consider this.

Now, they are claiming again for some of these PCNs and this morning I received Claim form from the court
Again, they are not claiming for all PCNS, They left out some !
This meant I will be receiving another her claim  soon after this claim is settled.

Could you please advise me if the claimant can do these, deliberately wasting the court's time and putting undue stress on me?
Anything else I should do differently to ends this harassment ?

Many thanks

Fruitcake

Look up estoppel, cause of action estoppel, and Henderson v Henderson. Drip feeding cases goes against the requirements of the court pre action protocol, and wastes the courts' time. It is therefore unreasonable behaviour.

Plan A is still a complaint to the landowner and your MP, especially now you have a court win under your belt. You then need to go back through the whole rigmarole of defending the new claim(s), but this time ask for ordinary costs plus costs for unreasonable behaviour.
Mention estoppel in your defence and at every point and in all your complaints.

Coupon-mad

Just use the template defence with the usual wording added citing cause of action estoppel (Henderson v Henderson).

ally50

Hi please help!

They are claiming for 4 PCNs. Two of them when I parked in front my home. I will refer to previous court order that I won (primacy of tenancy agreement)  and for the cause of action (Henderson v Henderson).

The third PCN is when I was in my car awaiting to pick up my child from nursery. I always parked on double yellow lines as a blue badge holder with no issues. A day before this incident they issued me a PCN on double yellow lines while I was temporarily  stopped to get something from the shop. The parking officer told me that "this is a private land even a blue badge holder can not stop or park here on yellow lines. I was very confused so next day when I went to pick up my child I stopped on parking bay in front of a block instead of yellow lines. Whilst I was in my car a parking officer issued me a penalty ticket. He said exactly opposite "I am allowed to park on yellow lines but not on where I am." I have appealed, they cancelled the one issued on yellow lines but not the one in front of nursery.

The fourth one is seems that they taken my car photos when it is parked on a bay is allocated for me. They say "parked without clearly displaying a valid permit". I did not receive any letters, I only noticed that when I received  their claim form from the court!

My question is can I refer to Henderson v Henderson to invite the court to struck out the whole case? Or I have to prepare my defence for each PCNs separately ?
Is there any updated defence draft?

Many thanks

Coupon-mad

As I said, use the Template Defence.

KeithP

What is the Issue Date on your latest Claim Form?

Have you filed an Acknowledgment of Service?
If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.