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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Disabled parking on single yellow line in Wales


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http://www.legislation.gov.uk/uksi/2000/683/body/made http://www.legislation.gov.uk/wsi/2000/1785/contents/madehttp://www.legislation.gov.uk/uksi/1986/178/pdfs/uksi_19860178_en.pdf Its not a lack of sympathy, you get free parking 24hrs hours a day almost anywhere subject to a few simple conditions yet you feel this is not enough, how much sympathy do you actually want?
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99 percent of the time it's used correctly - for short-term parking by a reasonable number of people, minimizing the problem caused to other road users. If disabled motorists were there longer term or in great numbers it would cause a significant risk and probably end up with a loading ban so you can't park there at all.

 

Nothing I said is untrue, and nothing you said is untrue - but you just can't park there all day - what do you want anyone to say? There's a reason for it - and a small number of short-term parkings by the odd person is tolerated, and rightly so.

 

Telling you the regs isn't a lack of sympathy - it's just the truth. Legislation - check in the Highway code, and the references in there will give you the relevant acts of parliament.

 

We're not going to agree on this one Jamerson. The legislation quite clearly states, and I accept that it states, that providing you are a blue badge holder you can park on a single yellow line for three hours leave that space for one hour and return for another three hours. Having checked the Equality Act 2010 it seems that it is considered important that every assistance should be given to the disabled to work.

 

I have now received the appropriate legislation re moving from the road which begs the question why the CEO asked me to move back 10 yards. Evidently I will have to speak with her and warn her about harassment. I had moved the car away for an hour but this was not accepted. Whether you accept the facts or not the legislation has been designed to insure that the disabled can park.

 

It has been an interesting debate which has culminated with me discovering that the Government are concerned that certain car parks are not suitable for the disabled as they are unable to operate barriers, enter certain car parks due to height restrictions etc. Most importantly there is a huge concern that CEO's should be checking whether the blue badge holder is actually the legal badge holder. Apparently so many badges are being misused there is concern that these dishonest people are causing problems for the genuine badge holder.

 

The comments made here have been interesting but in the main little understanding as to the reasons why badges are issued to disabled. The public and CEOs need to be careful....just because someone does not carry a stick or is seen to be "disabled" has no bearing on their physical ability........for example heart disease is a terrible thing and not always obvious.

 

The fact is that the disabled have the right to park on a singlke yellow line for three hours vacate for an hour and return for another three hours and it could be argued that that is why there is a single yellow line.

 

Thanks though I've enjoyed reading your comments :)

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http://www.legislation.gov.uk/uksi/2000/683/body/made http://www.legislation.gov.uk/wsi/2000/1785/contents/madehttp://www.legislation.gov.uk/uksi/1986/178/pdfs/uksi_19860178_en.pdf Its not a lack of sympathy, you get free parking 24hrs hours a day almost anywhere subject to a few simple conditions yet you feel this is not enough, how much sympathy do you actually want?

 

Oh you are a bit green_and_mean :) only joking! Thanks for the legislation this was a great help and now sorted the problem with the CEO. Think it was a bit unnecessary though to state that we get more or less 24 hours parking free. Surely this is not the point! Being disabled is not much fun you know.Take a look at the Equalities Act 2010. Very interesting. Perhaps you are a CEO if so you need to check more often that the badge holder is the badge holder because apparently you havn't been doing this enough. Word is from the Government that we need to get rid of the cheats so that there are more spaces available on the yellow lines, which the disabled has a right to park upon for three hours, leave for an hour and return to for another three hours so that the disabled do not have to walk hundreds of yards from the car park. Where do we go for an hour that's free or close by......goodness only knows but we manage.

 

Thanks to you I now have the legislation, brilliant....is this Wales as well?

Thank you for finding the legislation.

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We're not going to agree on this one Jamerson. The legislation quite clearly states, and I accept that it states, that providing you are a blue badge holder you can park on a single yellow line for three hours leave that space for one hour and return for another three hours. Having checked the Equality Act 2010 it seems that it is considered important that every assistance should be given to the disabled to work.

 

I have now received the appropriate legislation re moving from the road which begs the question why the CEO asked me to move back 10 yards. Evidently I will have to speak with her and warn her about harassment. I had moved the car away for an hour but this was not accepted. Whether you accept the facts or not the legislation has been designed to insure that the disabled can park.

 

It has been an interesting debate which has culminated with me discovering that the Government are concerned that certain car parks are not suitable for the disabled as they are unable to operate barriers, enter certain car parks due to height restrictions etc. Most importantly there is a huge concern that CEO's should be checking whether the blue badge holder is actually the legal badge holder. Apparently so many badges are being misused there is concern that these dishonest people are causing problems for the genuine badge holder.

 

The comments made here have been interesting but in the main little understanding as to the reasons why badges are issued to disabled. The public and CEOs need to be careful....just because someone does not carry a stick or is seen to be "disabled" has no bearing on their physical ability........for example heart disease is a terrible thing and not always obvious.

 

The fact is that the disabled have the right to park on a singlke yellow line for three hours vacate for an hour and return for another three hours and it could be argued that that is why there is a single yellow line.

 

Thanks though I've enjoyed reading your comments :)

TAG

 

I think we do agree on much. DDA is very important and councils take it seriously. If there is a lack of suitable parking you'd be better off raising it as a DDA issue with them than (as I understand it) being hacked off about the regulations for yellow lines. Those regs won't change, but the type of parking available could - Councils will listen (if not ultimately agree).

 

I also think you're being a bit hard on the CEO and would advise against taking the matter further. She could have forced you to move but instead let you 'break the rules' - complaints in situations like that result in the rules being more strictly applied. She'll be told not to cut anyone slack in future, if it results in objections.

 

Totally agree about misuse - it's a massive problem and casts unfair suspicion on genuine cases. I used to run a blue-badge issuing office, and we had applicants with conditions like Crohn's disease, who needed badges and would occasionally get harrassed by the public because their condition was not visible. It's a valid point.

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The Blue Bade booklet states these facts, cannot see what the Peep is shouting about, be careful also the rules for Blue Badges are changing and getting more complicated to pass the Test they have brought in now to renew etc, a few people have lost the right to Blue Badge

:mad2::-x:jaw::sad:
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The Blue Bade booklet states these facts, cannot see what the Peep is shouting about, be careful also the rules for Blue Badges are changing and getting more complicated to pass the Test they have brought in now to renew etc, a few people have lost the right to Blue Badge

 

Not sure what this comment brings to the discussion. Originally was aggrieved that I was threatened with a ticket when I had moved the car away for an hour, more actually. Follow the thread. It does not state in the Blue Badge leaflet what "moving" actually means. That was kindly supplied by green_ and_mean.

 

If a person is in receipt of the mobility element of disability or PIP automatically granted a blue badge. Seems that there is a huge concern about use of the blue badge by persons not entitled. The Government actually wants to increase proper use to ensure disabled have the same rights to access as non disabled. This is in part due to the Equality Act 2010.

 

This "Peep" is shouting for the rights of the disabled to not be a burden on Society and be as independent as possible. Believe me lack of mobility is awful and so debilitating in life. We can do without CEOs making unfounded accusations.

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I think we do agree on much. DDA is very important and councils take it seriously. If there is a lack of suitable parking you'd be better off raising it as a DDA issue with them than (as I understand it) being hacked off about the regulations for yellow lines. Those regs won't change, but the type of parking available could - Councils will listen (if not ultimately agree).

 

I also think you're being a bit hard on the CEO and would advise against taking the matter further. She could have forced you to move but instead let you 'break the rules' - complaints in situations like that result in the rules being more strictly applied. She'll be told not to cut anyone slack in future, if it results in objections.

 

Totally agree about misuse - it's a massive problem and casts unfair suspicion on genuine cases. I used to run a blue-badge issuing office, and we had applicants with conditions like Crohn's disease, who needed badges and would occasionally get harrassed by the public because their condition was not visible. It's a valid point.

 

Think you need to start again. I HAD MOVED THE CAR AWAY FOR AN HOUR!!!!!! I called for the CCTV coverage and the CEO then backed down. It is within the CEOs remit to ask me to move even if there is no problem, she decided to make me move the car. I was justifiably annoyed that I was being wrongly accused and that the CEO went further by stating that I "did it every day". Totally unfounded allegations which would be construed as bullying and harassment. I will not be reporting her on this occasion and will show compassion but she must be warned that this must not happen again.

 

The facts are that the Government is trying to increase the spaces for the disabled "on street" realising that car parks are too far away for the disabled. At present this can only be achieved by allowing parking on a single yellow line. Perhaps the disabled should campaign for the non disabled to use the car parks and do not use the spaces provided for them in the street! Revolution!!!!! :) :) :)

 

Unfortunately the "tone" of this discussion is that the disabled are fortunate people who are able to park for free. Believe me disabled people would be more than happy to join the non disabled and go about their daily lives without pain and exhaustion. But then life has taught me "get on with it".

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