Kicking the hornets nest

Half_way

what have you said?
as before you need to get this right, and make sure they can not fob you off, or pass the buck

Coupon-mad

Saverule said:

No. I haven’t. I don’t know who exactly I’d contact. There’s a number of units on the site. 

Called the court: they’ve paid the hearing fee. 

There’s a few other aspects of the case, should the disability/private land not hold up. 

Wish me luck!

I’ll come back with an update. 

Oh dear - what?  Your work isn't done...

I am concerned that you aren't planning on coming back within days getting help with a complicated WS bundle (complicated because you added a counterclaim that now needs backing up with evidence and case law to get it over the line) - even though your deadline for that WS Bundle is surely fast approaching?

You'll know from reading the NEWBIES thread that 'defence is not your only job'.

I hope you haven't dropped the ball and not noticed that the hearing Order (second/back page) also gives you an Ordered (mandatory) task of doing a WS & evidence bundle and that has a strict deadline?

Hope I am worrying unnecessarily and you have read the 2nd Post of the NEWBIES thread and know 'WHAT HAPPENS WHEN' as set out there under a red capitals heading.

What is your deadline? 14 days before the hearing?  Are you past that?

Your WS needs to support the defence and counterclaim.  How will you do that?

What (word for word) does your defence & counterclaim say?

...because that is what you must build on at this vital stage.  You don't just rock up to the hearing.

Grizebeck

I think already this is a lost cause 

Coupon-mad

With no WS, then yes...

Saverule

Hmm responded earlier but hasn’t gone through.

I have collated evidence of the site; ie lack of signage in the relevant areas and the ability to read the signage as per ATA guidance page 12, 19.2 and 19.9. Not only is the entering sign obscured by a tree… The enforcement officer took a pic of the T&C’s which isn’t legible, as unable to read it without getting out of the car; will cite relevant case law from my list. I have pictures of users out of their cars to read the signage. They also state blue badge holder on the bay, but in T&C‘s state disabled person’s card- which isn’t clear language. 

Statement will outline;
As prescribed by the equality act, disabled users have the right to reasonable adjustments. Outlining DFT position and equality act legislation relating to private organisations. 

Since the blue badge scheme doesn’t apply to private car parking facilities, by enforcing the blue badge scheme on private land it creates a barrier for disabled users to access the on-site facilities at Rydon Lane, thus imposing disability discrimination. 

I have been preparing the case for several weeks, simply a case of writing up my statement, citing relevant case law and government/industry guidance and standards. 

I have to submit evidence on the 3rd of August. 

I’ve been vague about my case, as I don’t want them reading it and doing damage control. 

Grizebeck

Your over thinking this
What exactly is your counter claim for.

Umkomaas

Saverule said:

B789 said:

Saverule said:

I’ve been vague about my case, as I don’t want them reading it and doing damage control. 

I hope you wore a tin foil hat while thinking that one up. 

Why would it be unreasonable for a legal firm to have someone on a board reading about cases? Out of curiosity. Firms crawl over social media to find out info regarding their reputation. 

From some random case from the 11 million private parking tickets issued each year?  They'd need an army of snoopers. 

Saverule

Grizebeck said:

Your over thinking this
What exactly is your counter claim for.

Counter claim is for damages in relation to disability discrimination: Harassment etc. 

Grunwald case was successful in claim against parking company. Trying to go through my info list to find the case information to cite. Think it was on Pepioo. The monetary part doesn't bother me. It's the principle, the fact it was reasonable for me to use the space for my disabled kid and despite being told in writing, they continued to bother me afterwards. Now having to go through a stressful court process to resolve. 

Coupon-mad

Grunwald (Mr Greenwood) didn't counterclaim did he? I don't recall a counterclaim but it is years ago. 

He won a defended case v Excel because his MS caused forgetfulness and he forgot to display his blue badge but he provided it quickly at appeal stage, so Excel knew and should have cancelled the PCN.

The only successful counterclaim I recall on pepipoo was by. Henry Hippo.  Google Henry Hippo counterclaim and read his pepipoo thread with his successful UKPC counterclaim.

On here, a more recent winning counterclaim (about no blue badge) was by @ellaro9 and there was also one won by @Nosy and a recent one by @devondiver

All worth reading!  The counterclaim v Excel by @ellaro9 is most like yours and I think his long thread showed his witness statement. He got 4 figures.

Sorry we doubted you - it sounded like you were not prepared and were not ready to do a thorough WS bundle.

But you are very much 'on it' - good!

Did you appeal the PCN at the time, such that they knew early doors, that you had protected characteristics and needed the bay provision?

You will need to show us your counterclaim wording if you want help to word the WS to support your legal arguments.

B789

A simple robust defence using the template provided on here would have seen this discontinued by the bottom-dwelling duo of UKPC and DCB Legal. I'll bet you original letter of claim was signed by one Yasmin Mia and the particulars were inadequate and ambiguous without detailing much of anything.

Because of your counterclaim, it means that they cannot do their usual cowardly business of just discontinuing before it gets to a hearing. How they wriggle out of it now, I don't know. Did you use a template defence from this forum for the actual defence?

Could you tell us what you put in your defence. Don't worry about these robots-claim shysters spending any money on employing worker bees to scout the internet for anything useful. They are just scammers out to get the gullible to fund their scam.