Went to Court today: Blue badge holder vs. Parking co, Judge adjourned case - Help needed writing Defence |
Went to Court today: Blue badge holder vs. Parking co, Judge adjourned case - Help needed writing Defence |
Mon, 4 Jun 2018 - 12:39
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#1
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Member Group: Members Posts: 66 Joined: 14 Oct 2016 From: london Member No.: 87,760 |
Hi All
I attended Court today as a McKenzie friend for family friend vs parking co. Just want to provide a summary of events as I think its helpful for others. To cut a long story short, family friend received a PCN from parking co last year whilst collecting daughter from daughters property. The driver is disabled and parked outside door to property displaying her blue badge in window as no disabled parking pays on site. Pictures from PCN show disabled badge on display. Parking co got keeper details from DVLA, all the letters followed addressed to Keeper (not the driver at time), parking co filed Claim at Court. Family friend did not file defence etc (they are elderly and found it overwhelming so kept it quiet etc) but asked Judge in the DQ to set case in the aside due to driver being disabled and only being there to collect daughter. The claim proceeded to Court. I only found out about this Court date yesterday(!) as the Keeper didn't really understand the paperwork/process. I offered to be McKenzie friend, looked over the paperwork etc and went to Court this morning. We provided lease doc which does not state the parking co are instructed to patrol the site, said driver is disabled, and no disabled parking on site. Parking co seemed to think that they are instructed and showed a one page 'contract' between themselves and managing agent (not landowner). Judge queried chain of contracts. Judge asked why land (and 'contract') not providing for disabled drivers. Parking co said it didn't need to provide disabled parking as it was private land. She disagreed. PCN photos also show other vehicles in background parked in similar location as the driver did, and Judge asked parking co if they were ticketed. Parking co said 'no' as they are excluded. Judge queried that adjustments clearly made on private land for maintenance vehicles, but not disabled. Judge authorised defendant to file formal defence asap stating breach of Equality Act. This post has been edited by tld2004: Wed, 6 Jun 2018 - 11:08 |
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Mon, 4 Jun 2018 - 12:39
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Thu, 7 Jun 2018 - 16:15
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#21
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Member Group: Members Posts: 66 Joined: 14 Oct 2016 From: london Member No.: 87,760 |
Thank you Nosferatu.
Do you recommend submitting an amended defence for the daughters court case? We submitted a defence similar to the first draft (above) but wonder if its worth submitting a revised defence focusing just on the EA and failure to make reasonable adjustments etc. Her Court date is in 4 weeks time. The daughter has spoken to other neighbours on site who seem to park where ever they want and none of them are being ticketed and taken to Court over parking, so we believe that they are targeted disabled drivers, due to both her impending Court case and also the one against her parents. |
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Fri, 8 Jun 2018 - 07:15
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#22
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
You can only submit an amended defence to the OTHER case IF the judge has allowed it. Otherwise you have to pay £255 to do so.
Just hammer them with the witness sttaement. You can get away with an awful lot here, at small claims, and if you dont try you wont know. No chance of proving that contention, not easily at any rate. Stick to the current case. |
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Fri, 8 Jun 2018 - 12:52
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#23
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Member Group: Members Posts: 66 Joined: 14 Oct 2016 From: london Member No.: 87,760 |
So you don't think its worth writing to the Judge on the daughters case, i.e. a 1 page letter saying that new evidence has come to light and we're asking permission to re-submit amended Defence?
I'm concerned that her current defence isn't strong enough on the EA points, as we've recently discovered (via her parent's case) that the Claimant is making adjustments for others on site (maintenance vehicles). She hasn't been asked to provide a witness statement at this stage - will that come after her initial hearing? |
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Fri, 8 Jun 2018 - 13:09
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#24
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Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
QUOTE Do you recommend submitting an amended defence for the daughters court case? We submitted a defence similar to the first draft (above) but wonder if its worth submitting a revised defence focusing just on the EA and failure to make reasonable adjustments etc. Why remove part of your defence, as long as its relevant then use all the ammo you have rather than trying to guess the golden bullet, leave it to the judge to pick the bullet, just hope they picks at least one. |
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Fri, 8 Jun 2018 - 13:10
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#25
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Member Group: Members Posts: 901 Joined: 1 Apr 2017 Member No.: 91,235 |
No, it will be needed for the Court hearing. The Court normally specifies the date by which the witness statement and any exhibits must be received by both the Court itself and the Claimant. The date is usually two weeks prior to the hearing, but do check with the Court.
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Fri, 8 Jun 2018 - 16:13
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#26
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Member Group: Members Posts: 66 Joined: 14 Oct 2016 From: london Member No.: 87,760 |
Thank you both.
She has not received a request for Witness Statement, and the hearing is scheduled for 4 weeks time, so any request should have probably been received by now. Therefore, she has contacted the Court and asked them for clarification re: witness statement and when it is needed by. Thanks |
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Fri, 8 Jun 2018 - 17:28
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#27
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
It isn't called a ws, it's just you're told to exchange all documents , usually two weeks before.
Usually to amend a defence costs, because you're asking permission and that costs, as there has to be a hearing. Hence why I said you really need to include the lease etc anyway - just in the witness statement. |
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Fri, 8 Jun 2018 - 20:16
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#28
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
QUOTE She has not received a request for Witness Statement, and the hearing is scheduled for 4 weeks time Oh yes she has! And she's missed reading it. At least she is now (hopefully) in time to re-read (properly) the letter she should have read at the time, the one allocating the court date. No, it will be needed for the Court hearing. The Court normally specifies the date by which the witness statement and any exhibits must be received by both the Court itself and the Claimant. The date is usually two weeks prior to the hearing, but do check with the Court. As above, she has a letter with this information already on it and has missed it. Happens far too often. |
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Fri, 8 Jun 2018 - 20:30
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#29
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
Judge authorised defendant to file formal defence asap stating breach of Equality Act. Any other suggestions? Just discovered - the daughter of the family friend is now due in Court soon for similar 'offence' - parked in same location a few weeks previous in order to unload the vehicle due to being disabled. This will be the 3rd time LPS are trying to take the same family to Court, even though they have been told in the past they are disabled. Preliminary The Judge gave you a heads up as to what to concentrate on so that's what to do, and provide evidence with the defence because you will not get a second stage, the adjournment will lead to a second hearing with no WS stage in between, IMHO. QUOTE 3. The Claimant’s operation is unprofessional and predatory, with their staff having been seen operating on site in the past issuing tickets to other disabled drivers, both indicating a breach of the IPC Code of Conduct and discrimination in accordance with The Equality Act 2010. This has been brought to the Claimants attention many times, yet they continue to target disabled drivers on this site. Show evidence of other disabled drivers being ticketed, letters, proof that the EA ''has been brought to their attention'' already, and when/how.The point is, if you can show that they ''knew or should have known'' that the driver of this car is disabled and needs a reasonable adjustment, then for a service provider to ignore that is DIRECT DISCRIMINATION under the Act, and a specific breach of the statutory EA Code of Practice for Service Providers: https://www.equalityhumanrights.com/en/advi...rvice-providers Print out and take a copy to court (and put a copy in evidence as well with the info about ''knew or should have known'' and ''direct discrimiation'' and ''reasonable adjustments'' highlighted. Evidence is key! The Judge gave you the clue. DO NOT put in evidence a lease if it says that cars can't be parked. It will not help, so think what your strongest suit is. Also at the same time, file with the Court and the Claimant as well, the Defendant's detailed COSTS SCHEDULE for attending the first hearing, and the provisional cost of attending a second hearing (travel, parking and any loss of salary/leave of the Defendant and their McKenzie friend). And ask for costs on the indemnity basis, because the Claimant KNEW OR SHOULD HAVE KNOWN ALREADY that this driver is disabled (prove that), and as such they have broken the law to demand money from her for what should have been made available as a reasonable adjustment under the EA, years ago. As such ask for the costs to be DOUBLED for the vexatious claim, sending a message to the parking firm about the Equality Act which also includes the fact that harassing a disabled person is illegal. Say in your HIGH Costs Schedule (well into 3 figures) that contract terms cannot supersede statute law designed to protect people who need provisions made for them, and this is hardly new law, the EA was enacted in 2010 and before that, the DDA existed since 1995, over TWENTY YEARS ago! So you invite the Judge to uplift the costs applicable and show the disgust of the court against a Claimant who are oblivious to their statutory duties under the EA. Make sure you BOTH attend each time, a McKenzie friend can't attend alone. Where you say ''alternative claim'' it should read ''alternative DEFENCE''. But I think you have gone far too scattergun, and I think the EA is what the Judge wants to hear from you. So read the EA Code of Practice for Service Providers and spot how they've breached it! This post has been edited by SchoolRunMum: Fri, 8 Jun 2018 - 20:36 |
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Wed, 13 Jun 2018 - 21:39
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#30
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Member Group: Members Posts: 66 Joined: 14 Oct 2016 From: london Member No.: 87,760 |
Excellent advice that was easy to follow - thanks SRM!
Defence already submitted for the parents case, and we’ve almost finished drafted the Daughters witness statement for her hearing in mid July, gathered evidence, photos etc. I will post WS up here for advice shortly. Few questions on the Costs Schedule though... how and when do we submit the Costs Schedule? Do we include it with WS (in the evidence pack) that we’ll submit 14 days before her hearing? When do we ask the Judge to award our costs if successful - at the hearing? |
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Wed, 13 Jun 2018 - 21:40
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#31
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Yes, at the hearing. After is too late.
About three days before hearing |
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Wed, 13 Jun 2018 - 21:46
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#32
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Member Group: Members Posts: 66 Joined: 14 Oct 2016 From: london Member No.: 87,760 |
thanks Nosferatu.
So include costs schedule in evidence pack? Does it need to be referred to in body of witness statement? |
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Wed, 13 Jun 2018 - 23:59
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#33
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
QUOTE Few questions on the Costs Schedule though... how and when do we submit the Costs Schedule? Do we include it with WS (in the evidence pack) that we’ll submit 14 days before her hearing? You can if it's ready, or just a few days before is also OK for a costs schedule. Then take it in your bundle on the day, with proof of income/loss of leave/salary, travel costs, parking, et al. |
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Thu, 14 Jun 2018 - 07:39
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#34
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Costs schedule and skeleton argument would be about three days before
A skellie is good, it gives you a bullet point run down of your key points, plus you can put down their issues when you get their WS - you need to go through and point out all the rubbish theyve spouted, check contract, check signs etc... |
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Thu, 14 Jun 2018 - 21:21
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#35
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Member Group: Members Posts: 66 Joined: 14 Oct 2016 From: london Member No.: 87,760 |
Hi All
Heres the draft Witness Statement for the daughters court case. I've tried to keep it blunt. Mentioned that the Claimant was notified in 2016 that she was disabled and reminding them to make reasonable adjustments first time round, explained the circumstances of the current event (saying they were previously informed of her being disabled in 2016) but have failed again, and then mentioned the case against her disabled parents (where they were intentionally targeted for being disabled as blue badge was on car when ticketed), so it should read that the Claimant is in breach of the Equality Act for the third time. I'll back it all up with photo's/evidence in the appendices. Look forward to seeing your comments and recommended changes: I, XXXXXXXXX, WILL SAY as follows: |
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Fri, 15 Jun 2018 - 00:40
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#36
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
Typo:
QUOTE persuing should be QUOTE pursuing I would also just add to this #7: QUOTE 7. In addition to this, evidence is enclosed proving that the Claimant has unlawfully discriminated against other disabled drivers, including my disabled parents (also disabled Blue Badge holder), by failing to make reasonable adjustment in their case. 7.1. At this location it would be entirely 'reasonable' for the parking firm to have made an adjustment in 2016 or earlier, by simply adding the VRNs of the disabled residents to a 'white list' of exempt vehicles, as is the norm in many other patrolled car parks, and indeed as this claimant already does for service vehicles, as shown in their photos without parking charge notices. 7.2. The Claimant has no lawful excuse nor justification and cannot be heard to say under excuse of data protection or any other reason, that they could not have used and stored the information in the October 2016 appeal about me and my vehicle, for the perfectly legitimate purpose of permanently exempting them from receiving unfair parking charges at their own home, given the known facts of my protected characteristics. My disability was not going to disappear, regardless of my Blue Badge date or any other excuse a parking firm typically hides behind when penalising disabled people. 7.3. The Claimant parking operator has a statutory duty as a service provider to comply with the Equality Act 2010 and the EHRC Code of Practice for Service Providers (adduced as evidence #1)* I didn't see any other evidence referred to by number, and this is how you need to show it throughout the WS. e.g. the blue badge, the previous appeal from October 2016 and also, letter/reply proof that the parking firm received it so they knew about the disability, any other evidence numbered throughout, etc. * https://www.equalityhumanrights.com/en/publ...y-code-practice |
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Fri, 15 Jun 2018 - 09:49
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#37
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Member Group: Members Posts: 66 Joined: 14 Oct 2016 From: london Member No.: 87,760 |
Wow, you are good SRM. Thanks.
Had a quick look through some old receipts this morning and found two Post Office Royal Mail 'signed for' receipts from 2016, complete with the building number and postcodes of London Parking Solutions and Ultimate Customer Solutions, and tracking barcodes - the letters we sent them in 2016 telling them driver was disabled and reminding them of their obligation to make RA under the EA! |
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Fri, 15 Jun 2018 - 10:34
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#38
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Yep, you Must adduce evidence by initials / 001 upwards.
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Sat, 16 Jun 2018 - 15:16
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#39
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Member Group: Members Posts: 66 Joined: 14 Oct 2016 From: london Member No.: 87,760 |
Hi All
NEWS FLASH...: After we spent quite a bit of time writing Witness Statement for the disabled daughter's court case due in 3 weeks, she received an email from London Parking's "solicitor", CSB Law, earlier today with Notice of discontinuance Form (N279). Gutted. We had them on so many grounds - proof of postage from letters dated 2016 informing them of her disability, photographic evidence of other drivers not being ticketed, harassment, and the case against her disabled parents where their disabled badge was on display but vehicle still ticketed. They had broken EA three times and we wanted to fight them on this once and for all, and seek costs. I think that theres two things that have potentially happened: They read the parents defence that was submitted a week ago, realised they would also lose on the daughters and pulled the plug before needing to attend the hearing, or they've seen the string of posts here and realised they would be taken to the cleaners. FYI, as far as we know, the parent's case is still on as we completed and submitted directions questionnaire to the Court earlier in the week. What are the chances of them dropping the case against her parents now, or is it not as easy for them to drop a case when a new Hearing date is due to be set? Either way - Any advice for what to do now on the daughters case as it's been discontinued? Letter before Action or Cease and Desist to London Parking, the landowners and the managing agents via recorded delivery, saying we have evidence of them breaking EA, reminding them of their obligations, and providing all vehicle regs of disabled vehicles where reasonable adjustment is required. Their behaviour is shocking and they need to be stopped. Thanks to everyone here that's helped to date. This post has been edited by tld2004: Sat, 16 Jun 2018 - 15:20 |
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Sat, 16 Jun 2018 - 15:41
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#40
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Others may correct me but as they have let the case rattle on through court and have now cancelled without any additional evidence being given then perhaps apply to the court for costs because of their unreasonable behaviour in continuing and causing stress when they knew they could not win. The threat of court was being used purely as a means to obtain money that they weren't entitled to and an abuse of the court process. Normally not allowed in small claims but this is not a hard and fast rule.
This post has been edited by ostell: Sat, 16 Jun 2018 - 15:42 |
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