Small claims for being Parked in a disabled bay 4 years ago - UKPC

Aslanarito

Thanks both

Aslanarito

Hi,

I have submitted my defence on 17th Feb but am yet to receive the CCBC questionnaire - any idea when this will be sent to me? 

Also DBC legal wrote to me as I included them in my defence email saying I shouldn't have sent it to them - is this a normal response?

Thanks

Boat_to_Bolivia

You have only just submitted your defence. CCBC are obliged to send your defence to the Claimant, not you.

Ignore the email from DBC legal and ignore their DQ as and when it's sent.

In due course you will receive a DQ from the court or you can download it yourself. Your MCOL history will tell you if it's been sent, so check that if you are worried. 

In the meantime, cool your boots . 

KeithP

Aslanarito said:

I have submitted my defence on 17th Feb but am yet to receive the CCBC questionnaire - any idea when this will be sent to me? 

The CCBC sent you a letter, or will send you a letter, saying the Claimant has twenty eight days to consider your Defence.

What you don't know is when the CCBC sent a copy of your Defence to the Claimant. 

It follows from that that it is not known when the Claimant has to respond to the CCBC. 

Further, we don't know what delays there are in the CCBC that means they don't send you a Directions Questionnaire as promptly as you might like.

Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back at the CCBC, remembering to send a copy to the Claimant of course?

Aslanarito said:

Also DBC legal wrote to me as I included them in my defence email saying I shouldn't have sent it to them - is this a normal response?

Take no notice of that, but remember it for later.
From time to time a parking company will claim not to have received a Defence. You will now be able to prove otherwise.

Aslanarito

Hey Keith.

Amazing and thank you for such a comprehensive and complete response - I'm really grateful for people like you helping us noobs out. 

Many many thanks

Aslanarito

Just an update or lack of as the case may be.

A claim was issued against you on 17/01/2023

Your acknowledgment of service was submitted on 24/01/2023 at 12:20:01

Your acknowledgment of service was received on 24/01/2023 at 14:05:14

Your defence was received on 20/02/2023

Still awaiting MCOL to update - Thanks again guys

KeithP

We really don't need to hear about non events - especially as you are not expecting a response yet. It's only two weeks since your Defence was filed.

Aslanarito

Ok sure - will only update when there's an actual update.

Thanks

Fruitcake

Meanwhile, complain to the store manager and ASDA CEO, and your MP. Include a copy of the blue badge with your complaints to ASDA.
You should also quote that issuing a disabled motorist with a parking charge or court claim for parking in an accessible bay is a breach of the Equality Act 2010, and ASDA as principle are jointly liable for the actions of their sub-contractor.
Issuing court proceedings in this case is indirect discrimination. Once they (ASDA) and their agents have been made aware of the motorist's protected characteristics due to a disability and decide to continue with the claim, then both ASDA and the PPC will be committing direct discrimination and both will become liable to prosecution for their actions.

Have a look at the BPA CoP that covers the date of the alleged event in 2018 to see what it says about disabled badges. Earlier versions used to say a PCN should be cancelled if the motorist provided a copy of a BB. Unfortunately I think it was changed before 2018, but it's worth a look.

Aslanarito

Hi,

Received a letter today from DCB legal saying they intend to proceed with the claim. checked MCOL and no updates on there. 

How do I get the email address of the CEO of Asda please?

Thanks