Excel Parking Charge Notice Disabled Bay

Coupon-mad

It's a good WS.  I like it. A compelling Equality Act defence

Remove 34, 35 & 36 and the exhibits attached to those (not needed and it is incorrect to say Excel cannot include those fees in a claim).

Change para 20:

 (NOT JUST DISABLED PEOPLE) 

to

 (NOT JUST BLUE BADGE HOLDERS) 

because you are a disabled person under the legal definition in the EA.

Spillit1

Coupon-mad said:

It's a good WS.  I like it. A compelling Equality Act defence

Remove 34, 35 & 36 and the exhibits attached to those (not needed and it is incorrect to say Excel cannot include those fees in a claim).

Change para 20:

 (NOT JUST DISABLED PEOPLE) 

to

 (NOT JUST BLUE BADGE HOLDERS) 

because you are a disabled person under the legal definition in the EA.

Thank you so much, will adjust those parts. My brain cell is frazzled lol!

Spillit1

Do I need to include more about a frustration of contract, or is the Equality Act enough do you think?

Spillit1

Is it ok to put in this schedule of costs please? Or will the court only pay maximum £95?

DEFENDANT’S SCHEDULE OF COSTS

 Ordinary Costs

 Loss of earnings through attendance at court hearing, travel and parking:

 £95.00

 Further costs for Claimant’s misconduct, pursuant to Civil Procedure Rule 44.11

 Research, preparation and drafting documents (20 hours at Litigant in Person rate of £19 per

hour):

 £380.00

 Stationary, printing, photocopying and postage:

 £ ??

 TOTAL COSTS CLAIMED £ ??

 Signature:

 Date:

Coupon-mad

That all looks fine. If the Judge agrees that the C has acted "wholly unreasonably" you might get more than £95 but many Judges say a flat "no".  I've never got any costs in cases.  But if you don't ask...

I don't think you need to dive deeply into frustration of contract. The Judge knows about that doctrine anyway.

A main piece of evidence will be that the Uni had granted you a right to park there (they effectively granted you a reasonable adjustment if they said you could use that bay).  Did they specifically allow it? 

Spillit1

Thank you.

The uni gave my son an R and/or B permit (he has contacted uni IT department to gain access to his account as he is no longer at uni. They will give him 24 ours to access it, so he will be able to see exactly which permit it was). This was to park in the residence car parks. To use the disabled bays dotted around his accommodation 'village', you have to have a D permit. Even though uni were aware of his disability, they did not issue him a D permit because he doesn't have a blue badge! He even wrote to them explaining blue badge is not relevant on private land (I have a BB) and maybe they should change their policy, but no luck.

So for all the other times he parked, he had to use normal bays, which he did. That's why he got this ticket when he used a disabled bay in an emergency!

Coupon-mad

Ah OK so don't mention that 'permission' after all.  Who is the Defendant: you or your son?

Spillit1

My son. The permission part was to say he had a permit to park at the residence, otherwise he wouldn't get through the barrier. So should I still take it out? I can understand how that might be confusing though.

Coupon-mad

I think saying that is OK. Leave it in but maybe make it clearer.

Spillit1

Coupon-mad said:

I think saying that is OK. Leave it in but maybe make it clearer.

Excellent thank you so much for all of your help 😊