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gingethecat
I am in receipt of a claim form from Northampton county court for a PC. I have not received a letter from the claimant to inform me that they were making a claim. is this a legal requirement on the claimants behalf and do I inform the court that this is the case?
emanresu
Which PPC?
gingethecat
PE.
Salmosalaris
It is not mandatory but worth pointing out to the court in your defence .

When was the parking event ( not exact date ) , what letters have you had and when ?
gingethecat
May this year. 2 invoices went straight on the fire. I wasn't the driver. I can prove I wasn't driving the car or in the same town that day. The driver is a type 1 diabetic. I don't mind paying my dues but this type of practice to me seems immoral.
SchoolRunMum
QUOTE (gingethecat @ Fri, 20 Sep 2013 - 11:25) *
May this year. 2 invoices went straight on the fire. I wasn't the driver. I can prove I wasn't driving the car or in the same town that day. The driver is a type 1 diabetic. I don't mind paying my dues but this type of practice to me seems immoral.



Complain to the landowner or retailer - if this was an alleged 'overstay' then it's indirect disability discrimination. A diabetic meets the definition of disability in the Equality Act 2010 and the store/landowner/agent has to make reasonable adjustments. An arbitrary time limit is unlawful if there's no reasonable adjustment for people with protected medical conditions.

As well as a very assertive complaint to appropriate Management, you will need to acknowledge this claim and then work on your defence. You can also state that PE failed to inform you about the Practice Direction as they did not serve a Letter Before Claim first of all and so you have had no opportunity to respond out of court and point out the Equality Act breach plus other issue with the charge and PE's signage, unlawful penalty, no loss incurred, etc.

These links should help:

http://forums.moneysavingexpert.com/showth...05&posted=1

Looks like an innocuous thread but it's the tip of an iceberg of info about defending these fake PCN cases, everything I could collate flaws from that thread linky.

Also these posts about the EA 2010:

post #30 by me as Coupon-mad on MSE: http://forums.moneysavingexpert.com/showthread.php?t=4710265

You can say to the judge:

This parking charge issued as a result of an unenforceable term has created indirect disability discrimination and as such, it is a breach of the EA. It is also a breach of the statutory EHRC Statutory 'Code of Practice on Services, Public Functions and Associations' (Chapter 5 Indirect Discrimination) which became law on 6 April 2011:

''5.4 What does the Act say?
Indirect discrimination may occur when a service provider applies an apparently neutral provision, criterion or practice which puts persons sharing a protected characteristic at a particular disadvantage.''
gingethecat
The person driving has told me that it is a criminal offence for a type 1 diabetic to drive whilst unfit through drugs. The DVLA advise type 1 diabetics to wait at least 45 minutes after glucose levels return to normal after hypoglycaemia. They also advise that they make it clear they are no longer in charge of the car by leaving the drivers seat, stepping out of the car and taking the key from the ignition.
Would this be worth mentioning in my defence?
emanresu
Is this a hypothetical question?

* No papers to hand
* No details beforehand
* Driver allegedly driving while unfit
* What to do in this situation - which is very odd to say the least?

Seems like some law ungrad taking the p**s - but it is only my opinion.

hcandersen
QUOTE
which puts persons sharing a protected characteristic at a particular disadvantage.''


Interesting definition which seems quite narrow.

It would appear that the use of "puts" means that its application will depend on the facts in each case and the specific effects suffered by the person.

So, what disadvantage has been shown? The answer to this might evolve from consideration of the relevant symptoms of the driver's condition e.g. is their mobility impaired, might they have to take medication during a shopping trip, do they have to rest periodically etc?

gingethecat
QUOTE (emanresu @ Sun, 22 Sep 2013 - 06:52) *
Is this a hypothetical question?

* No papers to hand
* No details beforehand
* Driver allegedly driving while unfit
* What to do in this situation - which is very odd to say the least?

Seems like some law ungrad taking the p**s - but it is only my opinion.


No sorry I'm just a rag arsed builder with a diabetic partner and a county court claim form from some scum. Thanks for your help.
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