Yet another DCBL county claim (Euro car parks) - Chelmsford

Coupon-mad

Yes it is a specific link (for your info) but it is just to show you why I wrote what I wrote for you to add.  The BPA did also say they didn't want NHS key-workers penalised but that was more behind the scenes. 

dlb134

Coupon-mad said:

Yes it is a specific link (for your info) but it is just to show you why I wrote what I wrote for you to add.  The BPA did also say they didn't want NHS key-workers penalised but that was more behind the scenes. 

What would be the best way to highlight this without referring back to this forum?

So I shall also state that the defendant is a registered nurse, working throughout the pandemic both in the hospital and community. Do I mention that it was more likely than not that the defendant was also delivering medications to a patient or should I not mention if unable to prove?

Not sure how I would even prove such a thing as giving patient data to defend a parking notice is obviously not appropriate in this case...

Nellymoser

If needed could you just say "in the hospital and community" visiting patients in their own home. The reason for the home visit shouldn't require an explanation as it's confidential patient info.

Coupon-mad

It's not your burden to prove your case.  It is always the Claimant's burden to prove.

dlb134

Updated as per advise, would this be okay?


3A. The defendants case is that the parking operator has breached the British Parking Association (BPA) code of
practice. The defendant states there is a lack of or no proprietary interest and non-compliant legal contract
with the landowner contrary to the requirement of section 7 of the code of practice. The defendant states there
is no clear information on the operator’s signage, and it does not comply with section 21.1, 22.1 or 27.4 of
the code of practice. The defendant states the charge amount is not clear on the signage with the sum payable
for unauthorised parking not adequately brought to the attention of motorists or compliant with any
applicable government regulations. The defendant states the signage does not comply with section 19 of the
code of practice and the protection of Freedoms Act (PoFA) 2012 as the charge sum is not highlighted and
shown in smaller type.

3B. The defendant at the time was working for both the hospital and community as a registered nurse during the COVID-19 pandemic.

The defendant would visit patients in their own homes to assess and treat ailments.

The defendant would also deliver medications and/or discharge paperwork to facilitate early discharge from hospital and therefore, minimise risk of exposure to COVID.

Coupon-mad

What about the piece I wrote for you to add?

dlb134

Coupon-mad said:

What about the piece I wrote for you to add?

Oops, yes I missed that. 

I've added it in and re-jigged a little. Does this look okay?

3B. The defendant at the time was working for both the hospital and community as a registered nurse during the COVID-19 pandemic. Therefore, during a period when many places were either unmanned or unkempt (from memory, the machine didn't actually work). Around this time, NHS staff were allowed to park almost anywhere and the British Parking Association followed the official Government line on this, with instructions to its members regarding relaxation of rules and cancellation of PCNs for NHS workers on call and for people getting COVID vaccines. The BPA clear line to their members in 2020/21 was not to penalise NHS workers.

The defendant would visit patients in their own homes to assess and treat ailments.

The defendant would also deliver medications and/or discharge paperwork to facilitate early discharge from hospital and therefore, minimise risk of exposure to COVID.

Coupon-mad

Yep all good but all paragraphs need a number and the above last paragraphs don't have one.

1505grandad

A heads-up  -  if you are including 3A:-
" .......and it does not comply with section 21.1, 22.1 or 27.4 of
the code of practice."  -  27.4 relates to Scotland and N.I.

" The defendant states the signage does not comply with section 19 of the
code of practice and the protection of Freedoms Act (PoFA) 2012 as the charge sum is not highlighted and
shown in smaller type."  -  this should have a capital P

dlb134

I will be submitting this tomorrow if all looks good here?

Appreciate everyones help.


3A. The defendants case is that the parking operator has breached the British Parking Association (BPA) code of
practice. The defendant states there is a lack of or no proprietary interest and non-compliant legal contract
with the landowner contrary to the requirement of section 7 of the code of practice. The defendant states there
is no clear information on the operator’s signage, and it does not comply with section 21.1, 22.1 or 27.4 of
the code of practice. The defendant states the charge amount is not clear on the signage with the sum payable
for unauthorised parking not adequately brought to the attention of motorists or compliant with any
applicable government regulations. The defendant states the signage does not comply with section 19 of the
code of practice and the Protection of Freedoms Act (PoFA) 2012 as the charge sum is not highlighted and
shown in smaller type.

3B. The defendant at the time was working for both the hospital and community as a registered nurse during the COVID-19 pandemic. Therefore, during a period when many places were either unmanned or unkempt (from memory, the machine didn't actually work). Around this time, NHS staff were allowed to park almost anywhere and the British Parking Association followed the official Government line on this, with instructions to its members regarding relaxation of rules and cancellation of PCNs for NHS workers on call and for people getting COVID vaccines. The BPA clear line to their members in 2020/21 was not to penalise NHS workers.

3C. The defendant would visit patients in their own homes to assess and treat ailments. This included delivery of medications and/or discharge paperwork to facilitate early discharge from hospital and therefore, minimise risk of exposure to COVID.