Is health issues a good defense?

LaurieCat

Hi

I have read all of the posts I can find that relate to a parking fine, including the Newbies info and so far I have followed the advice. 

I originally didn't receive the parking fine from the car park as I had recently moved house and didn't change my V5 document until a couple of months after the date of the parking fine. So I did as advised and ignored the letters from the legal company as I missed my opportunity to appeal and they've now sent me a letter of claim. 

However, I'm now worried I won't win in court. 

I suffer from a disability and on the day in question the town centre roads were blocked due to an event in town. I hadn't realised this until I got to town and had to park further away that I would usually. Unfortunately on the way back to my car I suffered due to my illness and must have taken longer than I realised to get back to my car, hence the fine. Part of my illness affects my processing and I honestly hadn't realised I was late to the car so never thought anything of it, until I got the first letter from the solicitors. Is my health going to be enough of a defense? I haven't got witness statements but can provide my doctors notes and info on my illness. 

Thanks! 


BTW I am currently drafting my emails asking about SAR but won't if I have no chance as this will massively affect my health too. 

Coupon-mad

 Is my health going to be enough of a defense? 

Defence (no 's').  Not on its own, but yes, you can cite the Equality Act 2010 as part of the Template Defence when you get a claim.

Which PPC?

Which legal?

LaurieCat

(Thank you)

Napier parking and BW legal 

Is it worth arguing my case? It was a genuine error. 

tacpot12

Don't worry about having missed the opportunity to appeal. You are almost certain to have lost. 

Parking companies are required to make reasonable adjustments for disabilities like everyone else, but it would have been better to get some witness statements to confirm that you couldn't move quickly on your return. I think the parking company might suggest that you should have left time to get back to the car, taking your disability into account.

If you receive PIP, but don't get anything for mobility, you might use this to suggest that your inability to move quickly was unusual, and therefore it is unreasonable to expect you to have left extra time when you wouldn't normally need to do so. You should get doctors notes and other info on your illness, but it would be as well to find the briefest summary of illness that describes the problem you had on that day. Evidence of the event in town that caused you to have to park further away than normal might also be helpful. 

Do you have a friend or relative with more stamina that could help you take this to court?

You haven't confirmed whether you parked on private land or the public roads. If this was private land, have you reviewed whether the signage is adequate taking into account your disability? 

LaurieCat

I do get PIP but no, not for mobility - I hadn't even considered that, thank you! 

It was private land so I can see what the sign says. Unfortunately, I didn't do anything on the day because I hadn't realised I was late. 

Coupon-mad

You should respond to BW Legal on their obstructive customer 'portal' system.

Do NOT be overly polite.  Nor chatty.

Not 'hi' and not 'kind regards'!

It's 'Dear Sirs' and end Yours faithfully.

Attach your PIP entitlement and state that any alleged debt is fully disputed and the signs were so non-prominent as regards the supposed £100 'contract' that this onerous clause was incapable of being deemed 'agreed'.

Further, if your clients file a court claim, I will partly rely on the Equality Act 2010 ('the EA') and the fact that people with protected characteristics need more time for their stay.  I suffer from a disability (PIP eligibility enclosed) and on the day in question the town centre roads were blocked due to an event in town. I hadn't realised this until I got to town and had to park further away that I would usually. Unfortunately on the way back to my car I suffered due to my illness and must have taken longer than I realised to get back.

Part of my illness affects my processing and I hadn't realised I was late to the car so never thought anything of it.  I certainly did not agree to pay any huge charge dressed up as a 'penalty' in all but name.  I am legally entitled to a reasonable adjustment of more time.

The right to more time for money paid to park has been tested already by your mates at DMUK or People's Parking a few years ago.  Maybe ask them for legal advice about the EA, given BW Legal do not appear to be up to speed, looking at cases reported online where your various rogue parking firm clients have lost in court.

Cease and desist with these aggressive demands.

Kindly confirm that you will raise and discuss my PIP notice evidence and my right to more time (due to my protected characteristics and feature of my disability that affects processing) with your client immediately.

Yours faithfully,

Half_way

Who's car park was this and where?

LaurieCat

Coupon-mad said:

You should respond to BW Legal on their obstructive customer 'portal' system.

Do NOT be overly polite.  Nor chatty.

Not 'hi' and not 'kind regards'!

It's 'Dear Sirs' and end Yours faithfully.

Attach your PIP entitlement and state that any alleged debt is fully disputed and the signs were so non-prominent as regards the supposed £100 'contract' that this onerous clause was incapable of being deemed 'agreed'.

Further, if your clients file a court claim, I will partly rely on the Equality Act 2010 ('the EA') and the fact that people with protected characteristics need more time for their stay.  I suffer from a disability (PIP eligibility enclosed) and on the day in question the town centre roads were blocked due to an event in town. I hadn't realised this until I got to town and had to park further away that I would usually. Unfortunately on the way back to my car I suffered due to my illness and must have taken longer than I realised to get back.

Part of my illness affects my processing and I hadn't realised I was late to the car so never thought anything of it.  I certainly did not agree to pay any huge charge dressed up as a 'penalty' in all but name.  I am legally entitled to a reasonable adjustment of more time.

The right to more time for money paid to park has been tested already by your mates at DMUK or People's Parking a few years ago.  Maybe ask them for legal advice about the EA, given BW Legal do not appear to be up to speed, looking at cases reported online where your various rogue parking firm clients have lost in court.

Cease and desist with these aggressive demands.

Kindly confirm that you will raise and discuss my PIP notice evidence and my right to more time (due to my protected characteristics and feature of my disability that affects processing) with your client immediately.

Yours faithfully,

Should I do this before I get any official court request? As I've sent my email to Napier about SAR and I've sent an email to BW legal as a response to my letter of claim (following the advise on the newbies thread). 

Coupon-mad

DEFINITELY NOW!  Or in April if your last email said you were seeking debt advice and you have a '30 day hold' at the moment?  If so, send your evidence near the end of the 30 days.

The whole point is to show the court that you showed the Claimant BEFORE THE CLAIM that you have a medical cognitive function disability that slows you down, and that you have a legal right to more time.

If you fail to tell them during this vital pre-action phase, they'd be right to say in court that they didn't know. You cannot leave Napier not knowing.

LaurieCat

Okay brilliant! Thank you.

LaurieCat

Having told BW legal this, they've basically said there's nothing they'll do about it and it'll still go to court. Do I need to do anything else? I'm now getting extremely anxious.