PCN court summons and dementia

[gazlarge]

Hi to everyone im desperate for some legal help /advice im new on here im not good at all with legal things or even understanding some of the terms that are used . My elderly father had parked his car on a retail park / private car park [no charge ]he parked on a disabled bay a couple of days later a PCN arrived my sister then began an appeal she appealed by saying dad had forgotten to display his blue badge and sent them a copy of his blue badge she also explained that part of his disability was dementia so therefore he could be forgetfull and she sent proof of his dementia the appeal was rejected then threatening letters followed then a letter from the parking companies solicitor arrived again my sister wrote back to the solicitors explaining dads condition and asking them to please stop pursuing this PCN and save any embarrassment as under the 2010 equality act they should have a duty towards less abled people . As you can imagine all of this has caused my dad and family huge upset A claim form has now arrived from cc business centre 29/june dad is totally incapable of filling this in up to now i have had dad sign the form and i have emailed the form back to CCBCAQ Im now a little unsure of how to continue I went back to the retail park i checked the signage and took photos and where the disabled parking was there weren't any signs stating disabled parking or how much the charge would be for failure to display your blue badge there were plenty of signs in the car park but none where the disabled bays were so those signs that were in the car park wasn't going to be seen by disabled drivers parking in the disabled bays just to use the one shop . I dont know if i should use both those factors [Dementia and poor signage ] when im creating a defence for court and also i think i should counter claim for the distress this has caused my elderly 88yr old vulnerable father i have wrote to the land owners who are very apologetic for what has happened and they have now said they will get the PCN cancelled I personally would now still like a judge to see this case i just want to try to make sure im doing things correctly time wise etc and please advise do i have grounds for a counter claim ?

[atticus]

I dont know if i should use both those factors [Dementia and poor signage ] when im creating a defence for court

You should use both factors.

I doubt that a counterclaim would be worthwhile.

[des8]

Please note you cannot just act for your father in respect of this court claim
You need to be appointed his "litigation friend" ( https://www.gov.uk/litigation-friend/apply)

And whilst the landowner might be arranging for the case to be discontinued, until such time as you receive notification the case has actually been discontinued continue to comply with court directions etc.

[gazlarge]

Please note you cannot just act for your father in respect of this court claim
You need to be appointed his "litigation friend" ( https://www.gov.uk/litigation-friend/apply)

And whilst the landowner might be arranging for the case to be discontinued, until such time as you receive notification the case has actually been discontinued continue to comply with court directions etc.

Hi Des thank you for the advice i really dont want to mess any of this up thus giving the parking company an easy win

[DE DOGS]

I am sorry to say this but, is it time to ask Dad to stop driving? I had to surrender my wife's licence, she still tells me to pull away when the lights are at Red. Dread to think of an accident occurrence.

[gazlarge]

i have driven over 1 million miles in my life and normal people that dont have dementia perform more stupidity on the roads than my 87 yr old dad and up to now health professionals have not recommended that he stops driving yet he is in early stage of dementia .

[wales01man]

i have driven over 1 million miles in my life and normal people that dont have dementia perform more stupidity on the roads than my 87 yr old dad and up to now health professionals have not recommended that he stops driving yet he is in early stage of dementia .

I have driven well over a million miles never had an own fault accident how about you and your dad? have to agree maybe its time for him to stop

[atticus]

Can we put this differently? If your father's illness does not prevent him driving, in what way does it affect his participation in the court process?

[DE DOGS]

i have driven over 1 million miles in my life and normal people that dont have dementia perform more stupidity on the roads than my 87 yr old dad and up to now health professionals have not recommended that he stops driving yet he is in early stage of dementia .

Please understand that WE are not telling your Dad to stop driving, though he forgot to display the Blue Badge, think along these lines, God forbid accident, yes officer I have dementia, question did you inform your Insurance Company, open and shut case. I stated I have to live with this every day and believe me it doesn't get any better. Please don't rare up at me it's a fact of life we all get old

[des8]

It is not the medical practitioner who decides whether or not a person should report his condition to the DVLA.
Certain conditions MUST be declared to DVLA, who then decide if restrictions need to be imposed.
One of the conditions is dementia (https://www.gov.uk/dementia-and-driving)

And as DE DOGS your father's car insurers should be notified


The full list of conditions can be found here: https://www.gov.uk/health-conditions...ndition-a-to-z