Defence Advice - DCB Legal - Not displaying blue badge

jinxy2301

Hi there, 

My mother has received a claim form from DCB Legal Ltd for not displaying a blue badge when parked in a disabled space. 

I was unaware of this blog previously and have recently discovered it. 

The Claim Form is dated 19 May 2023 and we intend to file an Acknowledgement of Service today to give us extra time to prepare a defence. I have asked my mother whether she appealed the ticket originally but I do not believe that she did. 

I have had a look at the NEWBIEs thread and understand a template defence has been kindly drafted. However, does that defence work in this scenario? After researching on this forum it has come to my attention that disabled badges do not even need to be displayed in private car parks?!

If someone could provide me some guidance on the next steps, I would be very grateful as I feel we are on the back foot slightly by not appealing originally etc.

Many thanks for your help in advance. 

Le_Kirk

Template defence works for all scenarios (except ParkingEye, who do not add the spurious debt admin fees) but also search the forum for other blue badge situations and see what others have put in their defence, especially those who were successful.
Also read this post Today at 9:44AM <<<LINK and the rest of that thread, ignore the misspelling of defense!.
https://forums.moneysavingexpert.com/discussion/6434450/is-health-issues-a-good-defense/p1

Fruitcake

Everything must be done in the defendant's name, even if you are helping your mother.

Plan A is always a complaint to the landowner and the motorist's MP, but right now the AoS takes priority, although it should only take a few minutes.
It won't hurt to tell the PPC and their solicitors in an email before submitting the defence that an occupant of the vehicle is a blue badge holder, copy included, and therefore the claim should be withdrawn now. Cite the Equality Act 2010 and that the operator must anticipate the needs of disabled motorists and make reasonable adjustments in accordance with the Act. Now they are aware of the motorist's disabled status, they should withdraw the claim since to continue would constitute direct discrimination, which is a criminal offence. 

The defence template is still valid. Failing to comply with strict requirements of the Equality Act 2010 will be one of your defence points as mentioned above.
Perhaps one of your mother's conditions affects cognitive ability such that forgetting to display the blue badge is a direct result of that condition.
Alternatively the badge could have been displayed but fell down. Of course you mustn't lie, but anything relevant should be briefly included.

You are correct that the blue badge scheme does not apply on private land and there is no lawful requirement to display one. A motorist might display one as a courtesy. If a motorist parks in a disabled bay then on the balance of probabilities, that person has a disability and protected characteristics as defined by the EA 2010 and is entitled to park there, and the operator should anticipate this and make reasonable adjustments on the assumption that the person has a disability and not require proof before reasonable adjustments are made.
Failing to make such reasonable adjustments is indirect discrimination, and is a criminal offence.

Show us (only) the parts of the defence template that has been amended, which would normally be paragraphs 2 and 3, before you submit it.

KeithP

jinxy2301 said:

The Claim Form is dated 19 May 2023 and we intend to file an Acknowledgement of Service today...

Hello and welcome.

With a Claim Issue Date of 19th May, you have until Wednesday 7th June to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 21st June 2023 to file your Defence.

That's three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

After researching on this forum it has come to my attention that disabled badges do not even need to be displayed in private car parks?!

I wish some posters would be more careful how they say this to avoid misleading new posters like this.

Of course a PPC is entitled to observe the Blue Badge scheme, as that is a reasonable thing to do when policing accessible bays on private land - but the scheme itself is a Council one only.

So by using blue badges to establish who may be entitled to park, a PPC is adopting a scheme that's not strictly applicable but there's no reason why they can't have it on their signs and expect to see a blue badge.

The difference is that once they know the person was disabled, pursuing that person for the parking charge is unconscionable harassment and potentially a breach of the Equality Act 2010. A contract law charge cannot be pursued to punish the driver for minor error and nor can it breach or operate against consumer law.

As such, it is a shame she didn't appeal at the time, with a picture of her blue badge.

Not to worry, as you know from reading the DCBLegal discontinuances thread by @Umkomaas, DCBLegal will drop it later on, before the hearing, if the Defendant (not you - NOTHING goes in your name!) follows the advice in the Template Defence thread.

jinxy2301

Thank you all for your comments. I will deal with the Acknowledgement of Service today. 

I will also send an email to DCB Legal as they are the solicitors for Highview Parking as @Fruitcake has suggested regarding the blue badge, on behalf of my mother from her email address. 

I will also start the defence paragraphs this week and upload them here. 

My mother is very anxious about all of this so the support is very much appreciated from all of you. 

jinxy2301

Sorry, just to correct myself, the Claimant is UK Parking Control Limited (not Highview! I am not sure how to edit posts on here yet!)

Fruitcake

You won't be able to edit posts yet. You need to be a member for an unknown length of time and with an unknown number of posts before you can edit a post. Daft, isn't it.
You could report your own post using the ! button and cite incorrect information as the reason for wanting it deleted. It doesn't really matter though as you have now posted the correct PPC.

Do reassure your Mum, and show her this thread so she can see how much help you/she is getting.

The good news is that UKPC/DCBL usually discontinue before the hearing. You just have to go through the nausea of defending, which is why a landowner cancellation even at this stage is the best option.

jinxy2301

Hi All, 
It has taken me a while to get round to this but we filed the AOS on 31 May. 

I am going to email DCB Legal on behalf of UK Parking Control Limited today but wanted to run my draft by you all. This will be sent from my mother's email address:-

"Dear Sirs, 

URGENT - Claim No XXXXXX

I refer to the above claim. As you will be aware, I have filed an acknowledgment of service on 31 May 2023 and intend to defend this claim vigorously. 

Please find enclosed a copy of my disabled badge. This is putting you on clear notice that an occupant of the vehicle is a blue badge holder and your client should now be aware of my disabled status. The Equality Act 2010 ("the Act") notes that your client must anticipate the needs of disabled motorists and make reasonable adjustments in accordance with the Act. 

As I am sure you will advise your client, they should withdraw their claim immediately since continuing such claim would constitute direct discrimination, which is an offence. 

If your client decides to proceed with this claim, I will bring this to the attention of the court at the earliest opportunity. 

Yours faithfully"

Do you think this is ok to send?

Thank you again. 

KeithP

Looks good to me, but don't sit back.

The Defence filing deadline of 4pm on Wednesday 21st June 2023 remains set in stone.

Coupon-mad

Yep looks fine.

I might add at the end, that this is not the defence and that will be properly sent to the CCBC, so don't patronise me with your usual template drivel telling me not to send my defence to you. I'm not.  I am on MSE forum though, so don't bother with your template 'settlement' template dross either, and ONLY contact me by email or post when you finally give up and send me your inevitable NoD.  Why not just do that now as we all know you will discontinue.