Hi, I have read the forums and This is my defence. I am nerodiverse so please forgive me if its wron

lost_soul_2023

HI, thank you for anybody reading this, I want to let you know that this has been causing so much stress dealing with the behaviour of both Swanley Council and civil enforcement ltd.

I have tried to speak with first swanley council, who do not care to stop the parking fine, even though they are aware of my disabilities! I explained this to them, and they don't care.

I have had threats from dcbl also which, when i explained, they did say they would not be involved in this further.

The civil enforcement ltd i cannot even speak to anybody at all, the website doesn't even have the contact details to request a sar.


I am hoping that i can tell the court that that civil enforcement ltd should make adjustments under the equality act for other people with disabilities, to offer help and guidance for disabled people on their website letting people know that if they need some help dealing with this, then they offer a vulnerability team to help.

civil enforcement ltd have been told that i am autistic from DCBL and the full situation regarding how this happened, so they are aware, they are just putting a lot of stress on me.

Im just lucky to hopefully go before the court to tell them how they are treating me.


This is what I have made so far, i know that your template letter is much more complex than this, and I will add in the template letter, with this.


Thank you to anybody who takes the time to bear with me, i am trying not to tangent

Claim number: 12
Claimant: Civil Enforcement Limited
PCN: 12
Defendant: 12

Defence Statement

I, 12, present my evidence in relation to the court case against me.

I am autistic with ADHD and other serious physical conditions that severely impact my daily life and my ability to handle stress in day-to-day activities.

This has been a serious stressor for my mental health and has caused me severe worsening conditions, leaving me unable to function on most days.

There were contact details provided by the company, but nobody answers the phone, and there is no way of leaving a message.

For an autistic person with limitations, I have not been able to function in dealing with this.

I would ask the court to take this into account in the reasoning for not being able to even save the court's time by explaining to the company.

I have a mobility vehicle, and I have a blue badge, as my daily struggles severely impact my life.

I have had help to prepare this statement with CHAT-GPT (I will tidy it up after ) <-----------

as I cannot get my words out on a normal day-to-day basis, let alone raise this with others to help. I have to shut off to save my mental health.

This is my factual presentation from my side to what happened and how we are here today.

I will explain, and then I will provide a map diagram for easier, accurate explanation because of my autism. I may not have written this clearly enough.

I firstly want to let the court know the time of night and the date, which was completely dark on the 26th August.

On the night of the time stated, I first tried to enter the disabled car park, explaining that I had a blue badge. I was informed by the event marshal that the car park was full, and I would have to use the other car park.

I asked about the blue badge and was assured that because the disabled car park was full, I could park further down at the other car park.

I then queued up in a long line of cars to enter the off-road. This is an unlit road and is pitch black, with no paths for pedestrians. I want to mention this because at the time of the event, there were crowds of people everywhere, walking along the road and also queuing by marshals, filtering to keep the event safe for pedestrians who were walking.

This off-road has a car park to the left, and there is a muddy entrance to the right side, which doesn't appear to be marked parking spaces; it's just a field.

Before we actually turned into the off-road, we were met with a marshal, and I immediately explained that I was sent to this car park as the disabled parking was full. He informed me that this car park was also full, and I would have to park on a field. He stated that there were no spaces to park in the car park. I asked him if a blue badge is okay to park with, and he said, as I was sent from the disabled car park, it would be okay.

I want to raise the fact that I was informed on both occasions that I was never advised that blue badge parking would not be supported, and I needed to pay the parking fees.

When we parked, we were then instructed by the marshals to follow the line of people away from the incoming cars and away from the main car park for our safety, as cars were driving there. We did as we were instructed.

I later received a fine from the company.

I have since looked on Google Maps, and I can confirm that there are signs in the car park. However, I challenge this because we were not even allowed to get to the sign to read them, even if we could see them. In the crowd of people, I am 5ft 3, and I couldn't even see over other people to see any signs at all.

The other sign, which covers the field where I parked, was obstructed by the marshals because it, as I have now checked, is under 5ft high.

In normal situations, the signs would have been visible, but in the event with the amount of people and the marshal's instructions, it was impossible to see any signs.

I have tried to check the website to submit a Subject Access Request to help my defense, but the website actually holds no contact details.

To summarize:

For the two reasons mentioned:

1. Not once did any marshal inform me that the car park would be subject to fees for a disabled badge holder (I had no issue paying the fees if I had known), but I was told that I could park there with a blue badge. I had asked on both occasions and was misinformed.

2. The signs were not visible because we were unable to enter the car park to read them, and the other sign was blocked by marshals who were performing crowd control to keep pedestrians safe from incoming cars on unlit roads.

I have tried to explain this to the company, but they have not been contactable.

This is the only chance I have had to tell anybody, and I'm sad to say it has to be before the court.

This is my full statement.

I will provide a diagram of the road and car park attached to this.

Thank you,

KeithP

Hello and welcome.
I will just make a few observations...

The email address for sending a SAR to CEL is in the Privacy Policy page on their website.
To save you looking, it is dataprotectionofficer@ce-service.co.uk.

Defences are usually written in the third person. I.e. no use of the word 'I'.
The template Defence shows the style.

You mention that you are having trouble phoning CEL.
Good. Really the last thing you need is to suffer verbal abuse and belittlement and you certainly don't want to be tricked into giving away information that is best kept to yourself.

You mention Swanley Council. What is their involvement?
Swanley Council have been mentioned before on this forum. Have a look around.

I am surprised that you expected parking to be free for blue badge holders.
Has Swanley Council ever offered that?

Which car park(s) are you talking about?
I guess it is one of the two car parks at Swanley Park.

Have you received a County Court Claim Form?
If so, what is the Issue Date on it?
Have you filed an Acknowledgment of Service?
If so, upon what date did you do that?

elsien

Just to add for future reference, do not presume that blue badge parking is always free. It gives you accessible spaces ideally closer to where you need to be, but some places do still charge. It’s always worth checking to be on the safe side.

Umkomaas

elsien said:

Just to add for future reference, do not presume that blue badge parking is always free. It gives you accessible spaces ideally closer to where you need to be, but some places do still charge. It’s always worth checking to be on the safe side.

If a private parking firm is involved, make 'some' 'most'!

lost_soul_2023

Hi, thank you all for the helpful information, I have looked on the forums here.

I can see that Swanley council own the car park, which would make it a public car park?
If so, under Sevenoaks district council's website it states:

Disabled parking bays and blue badge parking

Disabled drivers may park in pay and display, time limited bays, resident permit bays, car parks and on street bays (excluding loading bays) for as long as necessary providing a valid Blue Badge is on display.

If anybody could kindly let me know if this is correct please?

If so then i will submit a complaint to the District council right away.


Thank you very much

elsien

It may be beneficial to check (or ask someone else to check) what the specific car park you intended to use says about blue badge holders. If you say which car park it is, someone may be familiar with it. 

lost_soul_2023

Claim number: [Redacted]
Claimant: Civil Enforcement Limited
PCN: [Redacted]
Defendant: [Redacted]

Defence Statement

In this court case, [Redacted], the defendant, presents their evidence for consideration.

[Redacted] faces the daily challenges of autism, ADHD, and several severe physical conditions, all of which significantly impact their daily life and their ability to handle stress in their day-to-day activities. These conditions have taken a toll on their mental health, rendering them unable to function effectively on most days.

[Redacted] attempted to contact the claimant using the provided contact details, but their efforts were in vain. The only phone number listed on the website is for automatic payments, and there was no way to leave a message. For someone with [Redacted]'s limitations, this lack of response posed a significant barrier to effective communication.

[Redacted] respectfully requests that the court take these factors into account when assessing their ability to communicate effectively with the company.

It is crucial to note that [Redacted] relies on a mobility vehicle and holds a blue badge due to the severe impact of their daily struggles. These challenges are integral to understanding their perspective.

Assisting [Redacted] in preparing this statement was CHAT-GPT, as they face difficulties articulating their thoughts on a regular basis, let alone discussing them with others for assistance. This reliance on support is essential for their mental well-being.

Factual Account of Events:

Firstly, [Redacted] wants to inform the court that the incident occurred during the evening of the 26th of August at 20:35, a time when dusk had settled in.

On the night in question, [Redacted] initially attempted to enter the dedicated disabled car park, as they possessed a blue badge. However, they were informed by an event marshal that the disabled car park was full, and they would need to use the other car park. [Redacted] inquired about the blue badge, and they were assured that due to the disabled car park being full, they could park further down in the alternate parking area.

It's important to note that upon further investigation, the first car park, which was at the event dedicated to disabled parking, had no ANPR operation, nor were there any signs indicating payments. This arrangement was temporary for the event, and there was no way of paying at that car park, nor were there any signs mentioning that the car park was under the control of any company.

[Redacted] then queued up in a long line of cars to enter the off-road area. It's important to note that this is an unlit road and at the time of evening was beyond dusk, with no pedestrian paths. This is mentioned because at the time of the event, there were crowds of people everywhere, walking along the road and also queuing by the marshal to ensure pedestrian safety.

This off-road area has a car park on the left and a muddy entrance on the right side, which doesn't appear to have marked parking spaces; it's just a field.

Before [Redacted] actually turned into the off-road area, they encountered a marshal. They immediately explained their situation, clarifying that they had been directed to this car park as the disabled parking was full. The marshal informed them that this car park was also full and that they would need to park in a field. He stated that there were no available spaces in the car park. [Redacted] inquired about the acceptability of parking with a blue badge, and the marshal affirmed that it was permissible, considering they had been redirected from the disabled car park.

It is emphasized that [Redacted] was never informed on either occasion that blue badge holders would be subject to parking fees, nor were they made aware of the necessity to pay for parking. They would have been willing to pay the fees had they received accurate information.

Upon parking their vehicle, marshals directed [Redacted] to follow the line of people away from incoming cars and away from the main car park area for safety, as cars were still entering the main parking area. [Redacted] complied with these safety instructions.

Subsequently, [Redacted] received a fine from the claimant.

Upon thorough examination of Google Maps, it can be confirmed that there are signs in the car park. However, this fact is contested due to the inability of [Redacted] and others to approach and read these signs, even if they were visible. In the midst of a crowded environment, [Redacted], who stands at 5 feet 3 inches, found it impossible to see over the crowd and read any signs.

Moreover, the sign located in the field where [Redacted] parked was obstructed by the marshals because, as checked, it is under 5 feet high.

Under normal circumstances, the signs would have been visible. However, due to the significant crowd and marshal instructions, visibility was severely compromised.

[Redacted] made an attempt to access the claimant's website to submit a Subject Access Request to aid their defence, but regrettably, the website lacks any contact details related to SAR.

In summary:

• [Redacted] was never informed by any marshal that parking in the car park would entail fees for a disabled badge holder. They would have willingly paid the fees if this information had been communicated accurately. They inquired on both occasions and received incorrect information.

• The signs within the car park were not visible due to the restricted access caused by the marshals, who were primarily focused on ensuring pedestrian safety on unlit roads.

Furthermore, it's essential to highlight that the only means of contacting this company is by filing a complaint, and such complaints must be submitted in writing.

Additionally, it should be noted that this company is acting on behalf of the Swanley Town Council, an entity entrusted with the responsibility of providing openness, transparency, and care in all its dealings. [Redacted] made the council aware of their disabilities and autism, yet there has been no effort on the part of the company or the council to provide accommodations in communication or accessibility. This includes failing to offer an opportunity for individuals with autism to engage with the company, provide explanations or discussions regarding events, marshals, or a clear breakdown of the steps involved. Moreover, there has been no provision for seeking advice on this matter.

The behaviour exhibited by both the company and the council has been neither acceptable nor accessible for individuals with autism. The resultant stress, which [Redacted] has endured, could have been prevented had both CEL and Swanley Town Council provided suitable adjustments. I firmly believe they have a duty to offer accommodations that allow disabled individuals with autism to comprehensively discuss PCNs, understand the steps involved, and pursue appeals through various means, including phone calls, emails, and written correspondence. It is expected that once an individual has left the area, they should have the opportunity to return and read the sign again, either on foot or by driving to the sign's location within the car park.

Regrettably, there is currently no support system in place to clarify matters once an individual with autism has left the scene. No assistance, communication, or effort to help is provided.

Both the company and the council should establish clear and straightforward methods on their websites to offer support to individuals with autism.

The company has made no attempts to contact [Redacted] to make adjustments, placing them at a disadvantage compared to others in their inability to cope with daily stress.

This court appearance marks the only opportunity [Redacted] has had to convey their situation, and they express their deep disappointment that it has come to this.

This statement encompasses the entirety of their case.

Timeline of Events:

• The incident occurred on the 26th of August 2022.

• The PCN was issued on the 1st of September 2022.

• [Redacted] received the letter regarding the PCN on the 6th of September 2022.

• On Tuesday, the 6th of September 2022, at 15:16, [Redacted] contacted Swanley Town Council to raise the issue, and the council provided them with an email address to send proof of their blue badge. However, once [Redacted] submitted evidence of their blue badge, Swanley council didn't further acknowledge their reply or discuss the matter further.

• On Saturday, the 28th of January, at 11:44, [Redacted] received a letter from DCBL in relation to the money being owed. They then sent an email to collections@dcbltd.com, informing them of their vulnerability and providing reasons behind the parking problem.

• On the 13th of February 2023, at 10:35, [Redacted] received an email confirming that DCBL accepted their vulnerability but would still not accept their reasons, as they should have appealed within 28 days.

• On Sunday, the 8th of October 2023, at 19:13, [Redacted] sent a Subject Access Request (SAR) to Swanley Town Council, requesting all information held in regard to the PCN.

• On the 9th of October 2023, at 11:54, Swanley Town Council replied, stating that they do not store any information regarding parking fines, and all data is held with Civil Enforcement.

Thank you, [Redacted]

This is what I will send as evidence

Can anybody kindly let me know if I should add anything, please?

Thanks

KeithP

I asked seven questions in my earlier post.
You have answered none of them.

And here's another one...
Why aren't you using the already written for you template Defence?

lost_soul_2023

KeithP said:

I asked seven questions in my earlier post.
You have answered none of them.

And here's another one...
Why aren't you using the already written for you template Defence?

Sorry, I missed your post!

Here are the questions and the answers you asked

You mention Swanley Council. What is their involvement?
The park is owned and managed by Swanley Town Council

I am surprised that you expected parking to be free for blue badge holders.
Has Swanley Council ever offered that?
Yes, at the time of the event there was a small car park located on top of the grounds which was used for staff, and also at that time dedicated car parking for disabled (this gated area is not for general use by the public) but for the event used allocated for disabled parking. (Marshells informed us when we arrived)

Which car park(s) are you talking about?
Please see the attached photo

Have you received a County Court Claim Form?
If so, what is the Issue Date on it?
20th September 2023

Have you filed an Acknowledgment of Service?
If so, upon what date did you do that?
23rd September 2023


Why aren't you using the already written for you template Defence?
The forum rules said don't add in any section of the template, I didn't want to get in trouble and just posted this


Please understand that this is hard and i didn't mean to offend you by missing your questions. I have made sure to add them now
This is the different car parks,

lost_soul_2023

elsien said:

It may be beneficial to check (or ask someone else to check) what the specific car park you intended to use says about blue badge holders. If you say which car park it is, someone may be familiar with it. 

Thank you for the reply, the first car park on my photo is not by use of the public, ,

At the time of the event, it was the allocated disabled parking for the event,
We were told by the Martell when we arrived that this was the allocated disabled parking, and the car park was full

KeithP

lost_soul_2023 said:

Have you received a County Court Claim Form?
If so, what is the Issue Date on it?
20th September 2023

Have you filed an Acknowledgment of Service?
If so, upon what date did you do that?
23rd September 2023

With a Claim Issue Date of 20th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 23rd October 2023 to file your Defence.

That's two weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline 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'.