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    • dear simple simon. with ref claim xxxxxx on xxxx date you sent me proof of the signs at the time of you issuing the parking charge notices listed in your particulars of claim of the above court claim    these signs are not in the name of the claimant stated on the claimform ref above....   should you wish to continue with the said claim , i give notice this file will form part of my evidence should you wish to proceed and waste court time.   just musing
    • Applications for Summary Judgment are not awarded on who did or didn't do what......they cant get a default judgment on either as you have submitted a defence...they could get Summary Judgment.   Summary judgment is only awarded in the follow circumstances...   ·        A claim or issue or a defence to a claim or issue has no real prospect of success and ·        There is no other compelling reason for a trial. (CPR 24.2)   Summary judgment a Quick guide.docx
    • What I’ve read elsewhere (and from being in touch with someone who has won using the above argument - but who also notes that others have lost using the same argument- it seems to be dependent upon the court/judge) is that it is possible to win BUT I’m not entirely certain if it holds actual legal weight.    @dx100uk write a letter you say? To DBL or VCS?   something like this??;   I am writing in respect to the above noted County Court Claim issued by your legal team in connection to three separate Parking Charge Notices (PCNs) issued to vehicle registration mark XXXXXX. I was the named keeper of the vehicle at the time of the PCN issue but do not claim liability.   I wish you to note the following; whilst you may ‘think’ that you have adequate grounds to make this claim, the simple facts are that you have absolutely no right (in law??) and the evidence I have uncovered as a direct result of your claim, along with the evidence and wording contained in the communications you sent to me (dated XX August 2017) irrefutably show that you (Vehicle Control Services) have absolutely no claim in law.   Please be aware that should continue to pursue this claim not only will you incur your own costs but also costs that I will be claiming against you for bringing this unfounded and malicious claim which bears no legal weight whatsoever and is in breach of the IPC Code of Conduct (Versions 5 and 6).  Subsequently, I will be reporting you to the ICO for improper use of KADOE and to the IPC for breach of the Code of Conduct.   Yours faithfully,     Scans coming later.... 
    • Always looking for plan b -    the defence is short and poor and not laid out in the correct format - because I didn’t do it    but the points are the same just brief ,    would they have tried for summary judgement if I laid out a bigger defence - yes , they already put on allocation they would apply for one ☝️ n both claims -    they didn’t on claim one as I had a long defence , they did on claim 2 as defence small So did what they said they would do  -    they effectively want my defence struck out , to get a judgement by default , as there chances of winning in court are slim    maybe I include photocopy of that form and say they always were going to apply for this, they did not get to this point by my poor defence , I don’t have to bear their costs 
    • By appeal you mean set a side...the application fee would be £255 with a hearing (unless your exempt from fees )so you need to ask yourself ....would it be worthwhile..or better use the fee to pay off the judgment before its registered ?    The court wont accept your mistake and show any leniency.   Lesson learned for the future...19 days to AOS and a further 14 days to submit a defence = 33 days in total.    Sorry    Andy
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

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I can imagine that the only issues might be whether or not they are capable of admitting a wheelchair, although somebody else my know better.

 

I wonder whether it wouldn't be a reasonable requirement for the wheelchair to be up to turn around as well.

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I would say that as most of the larger supermarkets claim to be disabled user friendly and even provide those mobility scooter/wheelchairs then the space should be wide enough for one of those plus space for a normal shopper to pass with their trolley.

 

I suspect that these aisles seem to be much narrower over the Christmas period.

 

I would think that you might get an answer from a Health and Safety person.

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Pages 5 and 6 in the document attached give the recommended space for a variety of disabilities.

 

Interesting document.

inclusive-mobility.pdf

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Making access to goods and services

easier for disabled customers

 

And another.

 

sp5.pdf

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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36" is the minimum requirement? Wow, can't say that 3 feet exactly sounds like a wide space for a supermarket aisle. You'd have to institute a one way system at that kind of width.

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I find the most relevant issue for me is the likelihood of aisles being cluttered with displays etc.

Even though I practically live next door, I no longer use Aldi at all because of how cluttered and narrow the aisles are - I'm too wary of getting stuck to use wheelchair or scooter and can't stand in the ever present queues long enough to walk.

Luckily, I have two post offices within reach because the one in W H Smith is also inaccessible, being right at the back of a store crammed with displays blocking even the main aisle. Complaints regarding the lack of access are generally met with complete disinterest.

The comments in the first document shared by CitizenB regarding slopes were also interesting - I though it was just me being totally unfit that caused even the slightest slope to be pretty much unmanageable, but it seems lots of manual wheelchair users find them difficult. The pedestrian crossing outside the building where I live is a case in point - even my son can't get me up the slope at the far end so we have to brave the dropped kerb on the junction instead. Perhaps I should be speaking to the local council?

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Generally speaking this is all covered by the terms of the Equality Act and the duty to make reasonable adjustments so as to not put service users at a significant disadvantage when accessing goods or services. Basically a disabled person should be able to navigate a store as easily as a non-disabled user. Any publicly accessible building should therefore be equally accessible to disabled and able-bodied users within the confines of that disability - a wheelchair user for example should not only be able to use the service having left the wheelchair at the door. There is no specific width requirement, merely that the disabled user should be able to access without any special provisions and with the use of whatever aid is required to do so (wheelchair, walking stick etc)

 

Duty to make adjustments

 

(1)Where this Act imposes a duty to make reasonable adjustments on a person, this section, sections 21 and 22 and the applicable Schedule apply; and for those purposes, a person on whom the duty is imposed is referred to as A.

 

(2)The duty comprises the following three requirements.

 

(3)The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

 

(4)The second requirement is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

 

(5)The third requirement is a requirement, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.

 

(6)Where the first or third requirement relates to the provision of information, the steps which it is reasonable for A to have to take include steps for ensuring that in the circumstances concerned the information is provided in an accessible format.

 

(7)A person (A) who is subject to a duty to make reasonable adjustments is not (subject to express provision to the contrary) entitled to require a disabled person, in relation to whom A is required to comply with the duty, to pay to any extent A's costs of complying with the duty.

 

(8)A reference in section 21 or 22 or an applicable Schedule to the first, second or third requirement is to be construed in accordance with this section.

 

(9)In relation to the second requirement, a reference in this section or an applicable Schedule to avoiding a substantial disadvantage includes a reference to—

 

(a)removing the physical feature in question,

 

(b)altering it, or

 

©providing a reasonable means of avoiding it.

 

(10)A reference in this section, section 21 or 22 or an applicable Schedule (apart from paragraphs 2 to 4 of Schedule 4) to a physical feature is a reference to—

 

(a)a feature arising from the design or construction of a building,

 

(b)a feature of an approach to, exit from or access to a building,

 

©a fixture or fitting, or furniture, furnishings, materials, equipment or other chattels, in or on premises, or

 

(d)any other physical element or quality.

 

Failure to comply with duty

 

(1)A failure to comply with the first, second or third requirement is a failure to comply with a duty to make reasonable adjustments.

 

(2)A discriminates against a disabled person if A fails to comply with that duty in relation to that person.

 

(3)A provision of an applicable Schedule which imposes a duty to comply with the first, second or third requirement applies only for the purpose of establishing whether A has contravened this Act by virtue of subsection (2); a failure to comply is, accordingly, not actionable by virtue of another provision of this Act or otherwise.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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I have been known to 'accidentally' drag stuff off shelves as I'm passing in particularly narrow spaces - that tends to get their attention.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I have been known to 'accidentally' drag stuff off shelves as I'm passing in particularly narrow spaces - that tends to get their attention.

 

What can they say ? If they make to much of a fuss, tell them you want to make a complaint..

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What can they say ? If they make to much of a fuss, tell them you want to make a complaint..

 

It's amazing how as soon as you may be causing damage, they are suddenly much more willing to listen to complaints about the width of their aisles!

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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