Help write defence, disabled man, can't park on my estate,

[hudz1985]

Hi all, New here so please be gentle.

Back story - I moved into my property in 2019, it's a housing association and parking is controlled by a private company. At sign up I was told that I would get parking as I am a disabled (registered, also have a blue badge and a movability car). A private parking company controls the parking on the estate where I live. I have no choice but to park on the property as I can not park on the areas surrounding as my mobility is limited. The surrounding areas are also controlled areas by the council and they have refused to give parking permits.

I attended court for judgement to be set aside as I did not receive the response pack from Northampton county court. My request is, what case law and how to I build my defence in regards to discrimination and equality?

I am desperate and this is my first time doing something like this, they want a ridiculous amount of money as this is for a number of parking tickets. Any help will be grateful.

Thank you

[tesla6518]

Hi HUDZ1985
Your commentary is rather vague as to the parking provided. Did the lease you signed with the housing association specifically state "Parking Provided" or words to that effect.
You also state you had no choice but to park on the property, could you explain in more detail the circumstances that led to getting parking tickets.
Were you parked in a parking bay
Were the parking tickets issued by the private company or the council.
Have you ever applied to the council for a dedicated disabled bay to be installed
Can you upload a photograph of the area of concern (where you parked and received a ticket) also any signage that is within the area.
I am also disabled and know what you are feeling

[tesla6518]

Sorry forgot to ask, has the housing association provided any disabled parking bays, if so how many and how many residences do the existing parking bays provide for. (number of flats, houses etc.

[charitynjw]

In addition, what does your tenancy agreement (AST?) state as regards a parking permit scheme?

Also, has a set aside been granted &, if so, have you been given a date by which a defence must be filed?

[hudz1985]

Hi HUDZ1985
Your commentary is rather vague as to the parking provided. Did the lease you signed with the housing association specifically state "Parking Provided" or words to that effect.
You also state you had no choice but to park on the property, could you explain in more detail the circumstances that led to getting parking tickets.
Were you parked in a parking bay
Were the parking tickets issued by the private company or the council.
Have you ever applied to the council for a dedicated disabled bay to be installed
Can you upload a photograph of the area of concern (where you parked and received a ticket) also any signage that is within the area.
I am also disabled and know what you are feeling

Hi, thank you for responding.

my husband is disabled and has mobility issues, and the street parking is council controlled with resident parking only. He is in receipt of a notability car.
Yes we park in a parking bay, however they have issued a ticket for non payment or purchasing parking time.
The housing estate is on private land owned by Berkeley housing, we contact them and they said they do not issue permits to housing association tenants and that we should contact them, we contacted the housing association and they said that the landowners are the ones who give out parking spaces. (we have email proof of this exhange"

the council have no jurisdiction in regards to this land as it is owned privately.

Parking bays have been provided but one 2 and only 1 is in constant use, the other is used by a large Range Rover who does not display a blue badge nor have they been issued a ticket for this.

[hudz1985]

In addition, what does your tenancy agreement (AST?) state as regards a parking permit scheme?

Also, has a set aside been granted &, if so, have you been given a date by which a defence must be filed?

Hi,

The tenancy agreement states "

1. page 14, subsection (25) it states that: Parking of vehicles.

(25) “Not to park or cause to be parked any vehicle on the premises or on any land belonging to the association except in defined parking areas only in the manner permitted or required by the association in accordance with any regulations or by-laws, but not such as to cause nuisance or obstruction.

“Not to park any untaxed or derelict vehicle on the premises or on any land belonging to the association. You should seek permission to keep any vehicle at the premises subject to a SORN (Statutory Off Road Notice). Not to block any fire access points and keep them clear of vehicles at all times”.

“Not to park caravans, motor homes or other vehicles including any heavy plant, trailers, or boats on the premises or on any paved areas around the premises without getting our written permission beforehand. If you do this without our permission, we may come into the premises and take the items away. If we do this, you will have to pay any expenses we run up removing, storing, and disposing of the items.”

“Not to block any fire access points and keep them clear of vehicles at all times. The association may remove vehicles belonging to you parked or left in breach of this agreement from its owned land and recover the cost of doing so from you.”

Yes the set aside has been granted as we told the judge that the parking company and the housing association has been unfair and not followed the equality act 2010 in this regard. The defence is due on 3rd July.

[tesla6518]

Thank you for the information, however you still have not made it clear who issued the parking tickets, as you mention both council and parking company.

You have also you have failed to state how many houses these parking spaces cover, the reason I ask is, there is a 10% rule, therefore if there are 2 disabled bays then there should be 20 hoses on your estate. 30 houses=3 disabled bays. If there is the correct number then you will be hard pushed for a defence in that way, although there may be other defences available.

It would seem that all parties are trying to deny responsibility for the disabled bays, It would seem that your housing association has a lease from Berekley Homes and therefore they are responsible for the supply of disabled parking bays.

If the range rover has no blue badge displayed, have you reported it to the housing Association and parking company.

You have very little time for people to assist you with a defence, I would be minded to email the court and request further time to submit your defence. Others may assist you on the grounds for further time.

[tesla6518]

another thing, within easy reach for your husband to the property, are there any double yellow parking lines along the road.

[hudz1985]

Thank you for the information, however you still have not made it clear who issued the parking tickets, as you mention both council and parking company.

You have also you have failed to state how many houses these parking spaces cover, the reason I ask is, there is a 10% rule, therefore if there are 2 disabled bays then there should be 20 hoses on your estate. 30 houses=3 disabled bays. If there is the correct number then you will be hard pushed for a defence in that way, although there may be other defences available.

It would seem that all parties are trying to deny responsibility for the disabled bays, It would seem that your housing association has a lease from Berekley Homes and therefore they are responsible for the supply of disabled parking bays.

If the range rover has no blue badge displayed, have you reported it to the housing Association and parking company.

You have very little time for people to assist you with a defence, I would be minded to email the court and request further time to submit your defence. Others may assist you on the grounds for further time.

There are 42 Flats and only 2 disabled parking bays.

The parking company is Parking control management and its Gladstone's solicitors who they have instructed to act on their behalf.

we have reported this to both companies, yet nothing has been done about this.

[tesla6518]

I am still confused, the tenancy agreement states you can park motor vehicles on their land, subject to the rules as laid out in the agreement. So please explain how the parking company are involved. Also please upload photos of any signs at the parking spot where you were given tickets

[tesla6518]

Having looked at things in a different light I am still confused.

because I was involved in something different I looked at your request from the wrong perspective. so lets start again.

You have said that you moved to the property in 2019, So how have you been parking from that date until now, Or have parking tickets been issued since 2019.

Were you were informed by the housing association, that there was free parking or that you would be charged a sum by them (parking permit) or did they inform you that parking was payable to a parking company?

Are there any other terms in your tenancy agreement dealing with "Parking"

Photo of signs that are at the place were the infringement took place.

Prior to the court action, were demands made by the parking company for unpaid parking fee's and if so, what action did you take.

As you are very close to the date set by the court to return your defence, I would suggest that you contact the solicitor's acting for the parking company
asking if they would agree to a 28 day extension to submit your defence. If they agree then you need to email the court office requesting a 28 date extension and informing them both parties agree.

With regards to the Land Rover not displaying a blue badge, see the link below.

https://www.parkingcowboys.co.uk/dis...y-blue-badges/

[charitynjw]

Is there a recognised tenant/leaseholder association?
If so, were they involved in any way re the parking permit scheme?

& could you expand on "Yes we park in a parking bay, however they have issued a ticket for non payment or purchasing parking time."

[tesla6518]

Charitynjw I think that they need your expertise more in line with getting an extension for delivering up the defence as they have 5 days to gather all the evidence to submit a decent defence against in what really amounts to non payment of parking charges.

It is only recently that Equalities Act 2010 s.36(1)(d) put an onus on management etc to change "Common Parts" to the advantage of disabled people so cannot be used in the defence.

[charitynjw]

Charitynjw I think that they need your expertise more in line with getting an extension for delivering up the defence as they have 5 days to gather all the evidence to submit a decent defence against in what really amounts to non payment of parking charges.

It is only recently that Equalities Act 2010 s.36(1)(d) put an onus on management etc to change "Common Parts" to the advantage of disabled people so cannot be used in the defence.

Hi Tesla6518
Imho, to help with any defence we would need a lot more info from hudz1985
If it were me, by now I'd have all the court info re the original court claim, plus I'd have written to Gladstones to request all pertinent evidence/allegations.
Perhaps HUDZ can post up photos of the site signs?
Quiet enjoyment is also an obvious defence, but more details are needed.

Btw, EqA 2010 s36(1)(d)....has that now been finalised, or is it still in consultation?

[tesla6518]

Hi Charitynjw

From the information available the consultation closed to the public June 22 and has since been commenced. However research from normal legal sources are very vague but positive. However to get confirmation either way I have email the consulting committee.

With regards to hudz1985 I would have expected a torrent of information seeing that they are so close to the time limit. The questions I asked at the beginning were relevant as it seemed to be an Equality issue, however during research it became more obvious that this was about parking charges.