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  • FIRST POST
    • deshulina
    • By deshulina 7th Sep 17, 1:12 PM
    • 40Posts
    • 32Thanks
    deshulina
    PArking CCJ over 10 in a car park
    • #1
    • 7th Sep 17, 1:12 PM
    PArking CCJ over 10 in a car park 7th Sep 17 at 1:12 PM
    Good afternoon everyone,
    Thank you for stopping by to read my post.


    So this is how it all started , last Friday my partner and I decided to open a joint bank account an error occurred and the lady at the bank said that it was on my said. Confused by her statement I logged on to experian and was shocked on how my credit rating has gone down upon researching I found out i was issued a CCJ.


    I called the court and figured out it was Parking eye that had filled the CCJ against me. I rang them up and got to the bottom of the matter:


    On the 27th of January I parked at a car park in London, discovered I have no change and no debit card I left the car in the car park with the hazard lights on to find a place to get change from, however was reluctant so returned to the car park after 10 minutes and drove my car off.*

    Couple of days after I received a parking ticket for illegally parking at the same car park mentioned above, I challenged the fine explaining the circumstances and got a letter with rejection.*

    At the time we were moving house while I was going serious medical issues there forward this completely slip my mind until couple of days ago when i discovered the CCJ because of it.*


    ( The rejection letter from parking eye was send 15th of February.

    (We moved house on the 06th of March.

    My license was changed on the 15th of March. (changed to the new address)

    The papers of the V5 were send off 15th of April (changed to the new address)

    Received on the 3rd of May (with the new address)


    However non of this was reflected and all the papers were send to the old address.



    I contacted parking eye today the 1st of September and spoke with a very rude lady on the other side of the phone which informed me that there is nothing they can do I need to file a N244 form and pray for the best !


    I read that you could email parking eye and ask them if they would be prepared to sign a consent order if I paid the charges in full. However I am struggling to find their legal teams email and to structure this right.



    I know there is many people how are going through this and i highly appreciate any assistance, I only want the CCJ set aside. I don't mind paying I just want the CCJ removed.I beg you for any advice and help I will be very grateful .


    Thank you !
Page 6
    • Coupon-mad
    • By Coupon-mad 9th Feb 18, 11:41 PM
    • 56,325 Posts
    • 69,944 Thanks
    Coupon-mad
    Hi guys,

    I sat the case yesterday. PE did not turn up as they stated.

    The judge was very brief and it seemed like he didn't want to spend the time to actually hear the case. He got much of the information wrong and I had to correct him, however I did manage to satisfy him that the court papers were served at the wrong address and he only wanted to see the copy of my driving license and the date of issue.

    He had a brief look through the rest of the paper and said that there is no witness statement, I pointed out to the one I have written down and he said, he can't accept it as it's missing a signature at the bottom.

    He said he will set the CCJ aside for now , but wants be to submit my new witness statement in 14 day period and to present a copy to PE as well.

    He also mentioned that the section of it being a unenforceable penalty does not work in my favour and this is the update so far.
    Originally posted by deshulina
    I wish to appeal
    It is not an appeal, don't use that word. You've had a CCJ set aside haven't you, so this is your WS, and it needs setting out like this:

    https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements

    You do need to state in the WS that it will be no lawful justification for the Claimant to reply that they 'could not have known' because blah blah (same as I already told you in previous posts!).

    You need top pre-empt what we know PE will say to pull the wool over the Judge's eyes.

    and you need to attach evidence (things referred to in the WS) like:

    - the indirect discrimination section of the EA statutory Equality Act Code of Practice for Service Providers
    - the reasonable adjustment section of the same
    - the 'tours' example in the same statutory CoP, as it shows an example of a discriminatory time limit
    - the BPA CoP (the version for the RIGHT DATE OF THE PARKING CHARGE!) and highlight the section on Disabled drivers where it says that operators must realise that it may take people with mobility issues longer to get to machines & signs, and to read terms if high up.
    - the BPA CoP on Grace Periods
    - Kelvin Reynolds' article about Grace Periods
    - evidence to prove your mobility condition, to show it is chronic and continuing
    - photos of the high sign, if you have them
    - a photo of the Beavis case sign, as a comparison (Google it, the Parking Prankster site has it).
    Last edited by Coupon-mad; 10-02-2018 at 2:11 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • deshulina
    • By deshulina 10th Feb 18, 12:03 AM
    • 40 Posts
    • 32 Thanks
    deshulina
    Thank you Coupon-mad,

    I understand and I will edit this before I send it over as it will have to be a proper WS.

    I am however really struggling with the wording of that section I read most of the topics on it and still find my self in a bigger muddle. Should there be a specific section of law to back this up or shall it be just my wording based no what you have advice me.


    As :



    I believe given the facts stated prior this parking charge notice is in direct breach of EHRC Equality Act Code of Practice for Service Providers under Chapter 5: Indirect Discrimination and Chapter 6 Discrimination arising from disability of the code. (Copies of which provided in Annex X ) and have not met the reasonable adjustments duty stated by the Equality Act 2010 and how they failed to fulfill their anticipatory statutory duty to make and adjust policies in advance.




    I fully appreciate how wonderful you are and how many people need you and the support you give to all the other people on here and I feel awful claiming so much of your time however I honestly have tried and I just feel like it's got good enough.
    • ampersand
    • By ampersand 10th Feb 18, 8:08 AM
    • 8,418 Posts
    • 32,651 Thanks
    ampersand
    Tiny typo, cm -a note for you, deshulina.

    'You do need to state in the WS that it will be no awful justification for the Claimant to reply that they 'could not have known' because blah blah (same as I already told you in previous posts!). '
    #
    'awful' should be 'lawful'?
    deshulina, your heartfelt thanks for cm's - and others' - help, along with your sincerity, are transparent.

    Both of you embody the best of mse, which Martin intended. mse seems to lose its way more frequently nowadays. Ethernet inevitables, probably.

    But cm, you keep on giving the highest grade of attentive, specific, authoritative, updated help possible.

    Thankyou from another who benefitted, however many years ago:-)
    CAP[UK]for FREE EXPERT DEBT&BUDGET HELP:01274 760720, freephone0800 328 0006
    'People don't want much. They want: "Someone to love, somewhere to live, somewhere to work and something to hope for."
    Norman Kirk, NZLP- Prime Minister, 1972
    ***JE SUIS CHARLIE***
    'It is difficult to free fools from the chains they revere' François-Marie AROUET


    • deshulina
    • By deshulina 10th Feb 18, 9:02 AM
    • 40 Posts
    • 32 Thanks
    deshulina
    Thank you ampersand,

    I am about the send the papers off today with all the attachments and documents. I struggled with the paragraph below would you mind having a look before I print the WS please.


    The claimant has failed to comply with the EHRC Equality Act Code of Practice for Service Providers Chapter 7: Disabled persons: reasonable adjustments. Making no lawful justification for the Claimant to reply that they 'could not have known' there might have been adjustments as they failed to comply with the code of service providers prior.


    EHRC Equality Act Code of Practice for Service Providers Chapter 7: Disabled persons: reasonable adjustments

    7.22
    Because this is a duty to disabled people at large, it applies regardless of
    whether the service provider knows that a particular person is disabled or
    whether it currently has disabled customers, members etc.

    7.23
    When disabled customers request services, the service provider must already
    have taken all reasonable steps to ensure that they can be served.

    Last edited by deshulina; 10-02-2018 at 9:12 AM.
    • Coupon-mad
    • By Coupon-mad 10th Feb 18, 2:22 PM
    • 56,325 Posts
    • 69,944 Thanks
    Coupon-mad
    Making no lawful justification for the Claimant to reply that they 'could not have known' there might have been adjustments as they failed to comply with the code of service providers prior.
    The court's attention is drawn to the fact that there can be no lawful excuse or justification for a failure to make reasonable adjustments, just by the Claimant saying they 'did not know or could not have known' about my mobility problems, when the discrimination is indirect, which is my contention.

    Indirect discrimination adversely affects the disabled population ''at large'', and there is no need for a service provider to be made aware of each individual visitor's needs. The statutory Code of Practice for Service Providers (Equality Act 2010 - the 'EA') makes it clear that the obligation - indeed a legal duty - rests with the Service Provider (in this case, the Claimant) to consider IN ADVANCE the needs of disabled users and make reasonable physical (e.g. disabled bays, and lower signage/machines) and non-physical (e.g. time limits before penalising drivers) adjustments, to ensure universal and fair accessibility. This Claimant did not, and they are put to strict proof of their anticipatory EA assessments, specific to this location and this landowner client.

    The Claimant knew there would be people like me visiting, yet they have failed in their statutory duty and now in this claim, they are harassing me by demanding money due to their own failure. It is illegal under the applicable law, to charge me by imposing a blanket grace period which was not suitable:

    EHRC Equality Act Code of Practice for Service Providers Chapter 7: Disabled persons: reasonable adjustments:

    7.22
    Because this is a duty to disabled people at large, it applies regardless of
    whether the service provider knows that a particular person is disabled or
    whether it currently has disabled customers, members etc.


    7.23
    When disabled customers request services, the service provider must already
    have taken all reasonable steps to ensure that they can be served.
    Last edited by Coupon-mad; 11-02-2018 at 12:12 AM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • deshulina
    • By deshulina 24th Feb 18, 11:44 AM
    • 40 Posts
    • 32 Thanks
    deshulina
    Hi everyone,

    I hope to see you all well !

    I have brilliant news, the CCJ has been finaly remover !

    However recieved a very interesting letter from parking eye link to wich I have attached bellow. They send me a seperate one asking me to take thematters to small claims court rahter than a sit the case on the 13th of June in the county court.

    I personaly think its very sly of them to ask me for money at this stage and I want to counter claim after the hearing on the 13th of June as they have cost me so much so far and at the same time I dont want to risk and pay more to them.

    I would hihly appriciate your advice one more !

    https://www.dropbox.com/s/vjnx07k253vri4u/28460721_1797744293632960_2011671862_o.jpg?dl=0
    • nosferatu1001
    • By nosferatu1001 24th Feb 18, 1:14 PM
    • 2,315 Posts
    • 2,758 Thanks
    nosferatu1001
    That!!!8217;s not what the letter asks, at all

    It!!!8217;s saying - pay £60 and we will settle it. No hearing.

    You cannot now counter claim, just make a fresh claim. That cannot be for time spent defending this case.
    • deshulina
    • By deshulina 24th Feb 18, 1:39 PM
    • 40 Posts
    • 32 Thanks
    deshulina
    That!!!8217;s not what the letter asks, at all

    It!!!8217;s saying - pay £60 and we will settle it. No hearing.

    You cannot now counter claim, just make a fresh claim. That cannot be for time spent defending this case.
    Originally posted by nosferatu1001
    My bad I didn't expain it properly.

    I have a date for the hearing from the county court on the 13th of June and if I was about to win the case I wanted to counter claim agains them.

    This letter give me an option to pay and sit no hearing at all.

    What I wonder is what's best to do ?
    • KeithP
    • By KeithP 24th Feb 18, 1:43 PM
    • 6,711 Posts
    • 5,934 Thanks
    KeithP
    Counter claim for what?

    If you are thinking about your costs, then that is not a counterclaim issue.
    Anyway, costs are limited in the Small Claims Court environment.

    It's your decision whether to pay the £60 or go to court.
    .
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