UKPC/DCB Court Claim - Blue badge in residential car park on white cross lines -PHOTOS

Le_Kirk

I might just add that the PPC had failed in their self-imposed duty of car park management by allowing unpermitted cars to park in "your" - if it is true - disabled spot!

Coupon-mad

Put that as para 4 then the extra paras 5-11 (special ones for DCBLegal claims) seen in the linked example posted by @B789 then the rest of the template defence.

Tommcp21

Thanks all. 

@Coupon-mad when you say 5-11, do you mean exclude paras 12-30+ before my own conclusion and statement of truth? 

Are they not also all relevant for excessive charges etc?

Boat_to_Bolivia

No add 5-11. Do not exclude the rest.

Tommcp21

Thanks - I think I am almost there..

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The facts as known to the Defendant:

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

 

3.  The defendant came home late to find their own resident’s space had been taken so had to find somewhere else to park. The other disabled bays in the area also were occupied (by drivers without blue badges) so the claimant had to park somewhere close enough to walk to the flat.
The defendant parked in a large open space, easily and purposely not blocking any other cars nor flat entrances and put their blue badge clearly on display.

As there was nowhere else to park that would not require a 5minute walk, the defendant parked here, and considered it to be a fair and reasonable adjustment under the Equality Act 2010, as someone with proof of protected characteristics.

4. The Claimant failed in their self-imposed duty of car park management by allowing unpermitted cars to park in not only the defendant’s car parking space, but also the disabled bays

5 The Particulars of Claim ('POC') appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action”.

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and then + paras 6 through 38 ?

B789

Here is a sample defence to use when defending UKPC/DCB Legal claims. Feel free to use it but remember that every paragraph has to be numbered sequentially. So, if you are going to add anything beyond paras #2 and #3 or split your own paragraphs, then just renumber everything sequentially after that.

https://www.dropbox.com/s/5r7vbqttho3q948/2023 defence.pdf?dl=0

Fruitcake

I would replace "unpermitted" with something like, "vehicles not showing a permit".

Coupon-mad

Too much info in that defence.  No need.

Tommcp21

Thanks - submitted today and acknowledged 

On to the rest of the checklist  

Tommcp21

As expected, we carry on! 

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