PCN on Free car park at GP surgery during appointment as a patient

Coupon-mad

Their para 2 says you didn't appeal in time. Para 7 says you did!

Para 6 talks a lot about not making a payment, yet this isn't a pay & display site.

Para 18 says "POC should not be considered in isolation" but case law including Liberty Homes:

https://www.casemine.com/judgement/uk/62ffd9878ecb824567af110d/amp

(and indeed HHJ Murch's persuasive decision against this same Claimant) says POC are the only pleadings that count.

They've missed the point of the failure to make reasonable adjustments. It's not that the system was discriminatory! It's that the failure to make reasonable adjustments occurred by them failing to cancel the charge when you appealed.

Smellopee

Thanks so much @Coupon-mad the witness I have is also a patient at the surgery and has witnessed an elderly man begging reception for help with the fine and people popping in and out to obtain a parking permit for their house removal van, she is also a friend of mine though is this an issue?

Do you know who I should send the questionnaire on the claimant side? Should it be CEL's address or Syed Abbas Ali Head of legal's (who filed the claim) email address which i don't have?

Le_Kirk

According to the claim form it is a CEL in-house claim so you could use one of the following: -

office@ce-service.co.uk
Legal3@ce-service.co.uk
complaints@ce-service.co.uk
claimsmanager@ce-service.co.uk

Smellopee

What is your opinion on making a CPR18 request to CEL on the number of charges issued at the site, the number of appeals received, how many were patients and the number cancelled?

Coupon-mad

There's no such thing in small claims (they do not have a duty of disclosure of stuff like that) but you can send a similar FOI request to the NHS Trust, if this is a site where they contracted with CEL.

Smellopee

When I complained to the GP practice, the practice manager said they do not have to follow NHS guidelines because the practice is a business and not NHS… not sure if the trust would know about the parking or would they then need have to pass on the request the the surgery?

Smellopee

The deadline for the directions questionnaire was yesterday and I have not received CEL's. Should I notify the court or would they have had a different deadline due to having to file a defence counterclaim?

ChirpyChicken

https://forums.moneysavingexpert.com/discussion/comment/82036757#Comment_82036757

You dont need theirs

1505grandad

The following article may be of use:-

https://privategpsurgery.co.uk/blog/are-gp-surgeries-privately-owned/

"Conclusion

Private GP surgeries are privately owned, and some of the NHS GP surgeries are also owned privately with an NHS contract.

The NHS does not directly own surgeries, they own hospitals through trusts, NHS community health centres, and walk-in centres in some areas."

Smellopee

@ChirpyChicken the court requested that copies of the questionnaire should be served to all other parties. I'd like to know what theirs contains, especially number of witnesses.