Forgot to display blue badge.

antandann · 7 November 2018 at 1:48AM

My wife forgot to display her blue badge whilst using a disabled bay in a retail park, she was not the driver and was using the retail premises. This is now at the MCOL stage and I have issued a defence using the Equality Act (reasonable adjustment, etc) and cited Greenwood vs Excel as a comparable case. I have also highlighted inadequate signage.

I suppose I am posting to let others know that if the dynamic duo of HX Parking and Gladstone cowboys are involved, prepare to dig in deep. I have tried my best to defend this at every step and it would have been much easier to pay up, especially when it has led to an increase in my wife's self harming through the worry this has caused her. But I think I have convinced her that win or lose, we have already won by standing up to the playground bully. Hell, I even threw in a counter claim. Don't pay, but do fight back.

Thanks to all that have posted on the board and Couponmad deserves the Noble Peace Prize.

Coupon-mad · 7 November 2018 at 2:01AM

I hope you win and that you also nail them for costs.

Did you seen Excel v Greenwood - Case Number 3QT60496 4th October 2013? There is no transcript and another county court decision sets no precedent, but it's on all fours with your case and worth using as evidence at WS stage:

https://forums.moneysavingexpert.com/showthread.php?t=4784284

antandann · 7 November 2018 at 7:00AM

I gave the Greenwood case number in my wife's defence and drew parallels with my wife's case. I thought similar cases did set a precedent. Obviously just in the higher courts. Cheers for the link.

The_Deep · 7 November 2018 at 10:15AM

How much are they asking for? Be sure your MP is fully informed.

IMO this PCN should have been cancelled at the outset . BBs are for the benefit of the holder, and the holder had a perfect right in Law to use that space.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.

Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)

and complain in the most robust terms to your MP. With a fair wind they will be out of business by early in the New Year.

Quentin · 7 November 2018 at 10:40AM

The_Deep wrote: »

How much are they asking for? Be sure your MP is fully informed. .....

and complain in the most robust terms to your MP. With a fair wind they will be out of business by early in the New Year.

This is just far too optimistic

OP, there's no possibility your complaint will result in the govt closing them down so soon

Don't let your eye go off the ball regarding defending your claim and preparing for a hearing in the new year.

The_Deep · 7 November 2018 at 11:13AM

Quentin, when do YOU think that Sir Greg's Bill will become law?

Quentin · 7 November 2018 at 11:33AM

If and when Sir Greg's Bill becomes law it won't close down ppcs by Christmas/Early in New Year as you optimistically and dangerously advise newbies!!

antandann · 8 November 2018 at 8:52PM

It's almost £250. Just received a transfer notification to my local court. The counter claim has been filed...let the battle commence.

antandann · 22 February 2019 at 2:44PM

My wife and I attended court today to defend against a private car park company claiming payment for forgetting to display a blue badge in a free car park. I cited the equality act, read out the relevant passages pertaining to reasonable adjustment, stated that contract law cannot override the equality act, mentioned a similar case where the judge ruled in favour of the disabled person, but all to no avail. The judge decided that my wife's driver should have known to display and check a blue badge had been shown and stated that the similar case to my wife's had been wrongly decided in his opinion. I asked how say a visiting person from another country, with protected characteristics and no blue badge would use the reasonable adjustment, and the judge just shrugged the question off and said he would need some way of showing he could park in a disabled bay. Does anyone think it is worth appealing this decision? We already have £250 to pay. I'm disgusted, is this really fair justice?

waamo · 22 February 2019 at 2:52PM

Pay it and move on. An appeal will just be throwing good money after bad.

ShakeItOff · 22 February 2019 at 2:56PM

Sorry to hear that. I can't see that you posted your defence for comment on the forum, which is a shame as you would have had help and comments on it. It may still not have won, but Coupon-Mad keeps records of the wins and losses, with a good success rate where defences have been commented on here. At the very least, the amount would likely have been reduced.

Unless there has been an error in the application of the law, you are unlikely to get anywhere with an appeal.

Forgot to display blue badge.

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