County Court Business Centre Parking Ticket

Coupon-mad

LeoBoy said:

Hi, just an update, yes it's been 11 months but I had a mediator call me today although I put no mediation on the DQ. They still wanted full payment but spread over 12 months. I declined so it looks like we're going to court unless they don't pay the £27 fee by 20th August. 

But don't forget you have a deadline yourself, on that same hearing order, to do your WS & evidence bundle (see NEWBIES thread).

LeoBoy

Hearing is scheduled for 17th Sep 2024

Coupon-mad

OK so 3 weeks maybe to do your WS and evidence bundle, if that Hearing Order gives the usual 'not less than 14 days' Directions.

LeoBoy

Coupon-mad said:

OK so 3 weeks maybe to do your WS and evidence bundle, if that Hearing Order gives the usual 'not less than 14 days' Directions.

Yes, no less than 14 days and the hearing is 17th Sep. Shall I word my WS exactly the same as when I sent my defense last year? Another thing my Mother will not be able to be on the hearing, she really can't remember it either. I have POA for Financial and Property for her, the mediator said to let the court know beforehand. 

LeoBoy

LeoBoy said:

Coupon-mad said:

OK so 3 weeks maybe to do your WS and evidence bundle, if that Hearing Order gives the usual 'not less than 14 days' Directions.

Yes, no less than 14 days and the hearing is 17th Sep. Shall I word my WS exactly the same as when I sent my defense last year? Another thing my Mother will not be able to be on the hearing, she really can't remember it either. I have POA for Financial and Property for her, the mediator said to let the court know beforehand. 

I've been reading Newbies Thread on WS's. I'll prepare and show on here.

Coupon-mad

LeoBoy said:

Coupon-mad said:

OK so 3 weeks maybe to do your WS and evidence bundle, if that Hearing Order gives the usual 'not less than 14 days' Directions.

Yes, no less than 14 days and the hearing is 17th Sep. Shall I word my WS exactly the same as when I sent my defense last year? Another thing my Mother will not be able to be on the hearing, she really can't remember it either. I have POA for Financial and Property for her, the mediator said to let the court know beforehand. 

FROM ORIGINAL POST:

My mother has a blue badge, parked in a disabled bay in a shopping car park, her blue badge fell off dashboard.

I appealed on her behalf, the company is MET. Obviously lost appeal, I put my address on the appeal so she didn't get all the letters.

How dare they have a go at your vulnerable 80 year old Mum.  Try to head this off now.

I would send by email (from you not Mum) a copy in advance (this week) of the PoA and alert the Claimant and the local hearing court that you will attend as her litigation friend, due to her financial incapacity and you trust the Judge will grant you Rights of Audience under the court's discretionary powers and as a 'reasonable adjustment'.

However, given the age (80) and significant impairment of the Defendant - who MET knew from the outset is disabled because the Blue Badge was produced in two appeal stages to try to resolve the dispute - the Claimant is urged to review the situation and discontinue immediately. A vulnerable elderly disabled person was at all times entitled to park as she did and there's no legitimate interest to save this charge. It is purely punitive to pursue a disabled person with low financial, contractual or decision/making capacity and the Claimant should be ashamed of themselves.

Should the Claimant opt not to discontinue, full attendance costs of the attendee will be sought due to the C's wholly unreasonable conduct throughout. The C knew or should have known to make a reasonable adjustment, and to ignore their statutory duty as a service provider under the Equality Act 2010 is plainly unreasonable because it is illegal.

Costs assessment including loss of salary/leave at £xx per hour or £95 per day (as the court sees fit), plus travel and printing costs is attached. The C is urged to discontinue now. 

LeoBoy

Thank you. I will do it tomorrow.

LeoBoy

How does this look? (with the personal bits changed)

Dear Sir/Madam

My name is CCCCCCCCCCC. My Mother is SSSSSSS who is the defendant in Claim Number 22222222.

I am alerting to the claimant and the local hearing court that I will attend as her litigation friend. I have Lasting Power of Attorney (LPA) for Property and Financial Affairs for the Defendant (please see attachment) Due to her financial incapacity and I trust the Judge will grant me Rights of Audience under the court's discretionary powers and as a 'reasonable adjustment'.

However, given the age (78) and significant impairment of the Defendant who MET knew from the outset is disabled because the Blue Badge was produced in two appeal stages to try to resolve the dispute, the Claimant is urged to review the situation and discontinue immediately. A vulnerable elderly disabled person was at all times entitled to park as she did and there's no legitimate interest to save this charge. It is purely punitive to pursue a disabled person with low financial, contractual or decision/making capacity and the Claimant should be ashamed of themselves.

Should the Claimant opt not to discontinue, full attendance costs of the attendee will be sought due to the Claimants wholly unreasonable conduct throughout. The Claimant knew or should have known to make a reasonable adjustment, and to ignore their statutory duty as a service provider under the Equality Act 2010 is plainly unreasonable because it is illegal.

Costs assessment including loss of salary/leave at £20 per hour or £140 per day (as the court sees fit), plus printing costs is attached. The Claimant is urged to discontinue now.

Yours Sincerely

CCCCCC 

LeoBoy

I have 2 email address, the latter one is to send the contact details no later than 7 days before the hearing, shall I send the above letter to that one?

enquiries.chelmsford.countycourt@justice.gov.uk or ContactDetails.ChelmsfordCounty@justice.gov.uk

LeoBoy

Plus what shall I put in the email heading?