Another overstay with a Blue badge...ANOTHER WIN.

D_P_Dance

IMO they could well struggle if they were daft enough to take this to vourt

Two hours could well  be insufficient in Morrisons if someone were severely disable, and the "no return" condition is surely an unfair term.. 

Personally, I would consider making  a counter claim for disability  disabi9lity discrimination

knightstyle

Thanks everyone.  Yes I now understand we should wait to hear from the court, I was just worried about the hearing being at the claimants court.
Counter claim is a possibility but need to persuade my wife about this.
some of my thoughts below, what do people think?

My wife has not admitted to being the driver, but has stated she was in the car.

The cameras are at the entry to the car park so the actual time we were parked was a lot less than the recorded times due to waiting, unsuccessfully, for a disabled space to become available and later waiting in the queue to leave the car park.

Excel is a member of the IPC and they have agreed to abide by the new code of practice, I attach some of the relevant paragraphs from the code.

The commentary on clause 4 which states that operators should have due regard to the equality act 2010 and the EHRC statutory code and make allowances for people like me.

4.1 states a sign must be visible from the vehicle so people like me can see them easily, no such sign exists in this car park.

4.2 states that where people like me who need extra time should have clear instructions on what to obtain this extra time should be displayed on such signs, none of the signs in this car park give any of this information.

5.1 draws even more attention to the need to allow disabled people more time and specifically mentions waiting for a disabled bay to become available should not count as time parked.

Gr1pr

Any counter claim should have been submitted with her defence , weeks ago 

Each party is bound to choose their own court, the 12 steps tells you to wait for your own blank N180 to arrive in the post, clearly that has not happened yet, so wait for it 

No court is involved at the moment, so no your wife is not waiting for a letter from any court, she is waiting for the N180 to be posted to her by the CNBC in Northampton, so she should login to MCOL and see if her claim history says it's been posted to her and when it was posted. ( Or they haven't done it yet. )

So its like logging into her bank account and checking the recent statement to see if a bill has been paid yet 

She will be nominating her own local civil court, when she fills in her N180, after it arrives 

Your biggest problem is not checking and following the 12 steps, because it told you to expect the n180 from the claimant and to file it, and await your own from the CNBC  , in steps 7 & 8

1. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire and the usual intimidating template letter saying they 'intend to proceed'. Nothing of interest there. Just file it.  YOU MAY HAVE TO WAIT TWO MONTHS OR SO FOR THE NEXT STEP TO HAPPEN:
2. Wait for your own Directions Questionnaire from the CNBC and then complete it as described in post #2 of the NEWBIES thread. All the DQ questions are there, except NOTE: IMPORTANT: early telephone Mediation is now compulsory in 2024. https://forums.moneysavingexpert.com/discussion/6529913/new-n180-form-mediation-appears-to-be-mandatory/p1?new=1

knightstyle

Yes I realise that now, we have been away camping and relying on phone coverage. Now back and will follow the steps more carefully.
Never thought about counter claim till it was just mentioned so will forget that.

Coupon-mad

knightstyle said:

some of my thoughts below, what do people think? My wife has not admitted to being the driver, but has stated she was in the car.

The cameras are at the entry to the car park so the actual time we were parked was a lot less than the recorded times due to waiting, unsuccessfully, for a disabled space to become available and later waiting in the queue to leave the car park.

Excel is a member of the IPC and they have agreed to abide by the new code of practice, I attach some of the relevant paragraphs from the code.

The commentary on clause 4 which states that operators should have due regard to the equality act 2010 and the EHRC statutory code and make allowances for people like me.

4.1 states a sign must be visible from the vehicle so people like me can see them easily, no such sign exists in this car park.

4.2 states that where people like me who need extra time should have clear instructions on what to obtain this extra time should be displayed on such signs, none of the signs in this car park give any of this information.

5.1 draws even more attention to the need to allow disabled people more time and specifically mentions waiting for a disabled bay to become available should not count as time parked.

The above are all powerful points for WS stage.  Also see this reply I just posted re a similar case:
https://forums.moneysavingexpert.com/discussion/comment/81042371/#Comment_81042371

The law protects you from scams like this.

knightstyle

N180 completed and sent off with POP along with scans to DCB legal and Exel.

knightstyle

Well we received a letter about mediation but seem to have lost it!  Help.  What can I do to get it sent again?

KeithP

knightstyle said:

Well we received a letter about mediation but seem to have lost it!  Help.  What can I do to get it sent again?

Phone the hearing court and ask them to email you a copy.

knightstyle

We have had mediation which IMO was a waste of time, then phone call and email with offers which we said no to. Just got home to a letter of allocation to small claims dated 30th Jan.   
Date of hearing 15th April so am starting to get defence ready.
Main points, signage,  waiting for space and queuing to exit not parking,  draw attention to IPC code, equality act, and EHRC statuary code.
Plus all the usual points made by defendants on here.
Any point in still continuing to act as keeper, not revealing driver ID?

Gr1pr

Your defence is already completed and filed, you dont get a free go around   !

Only you can decide on which stance is best,  a knowledgeable first person witness number one, or an evasive person that could be found out in the future  ( there are opposing views on this topic  )

You must plan your strategy and Witness Statement plus Exhibits bundle accordingly