Good Evening,
In September 2024, I parked my vehicle in a private car park by Canvey Island seafront. At the time, the payment machine was not working and no payment was possible neither with coins nor contactless. I was unable to pay the parking fee which would have been around £1–£2. As I was a blue badge holder, I displayed my valid Blue Badge on the dashboard.
A few weeks later, I received a PCN by post. I appealed immediately, explaining the situation and requesting cancellation of the charge. I received a response letter requesting copy of my blue badge that I sent on the same day. Later received an outcome and my appeal was rejected. I have since contacted Britannia and DCBL by phone several times to dispute the charge, but no resolution has been reached.
I then received a court claim form, to which I submitted a defence. I then received a further form from the court (directions form), which I completed and returned and I now have a telephone mediation appointment scheduled. I understand that if no agreement is reached, the case will proceed to a hearing.
Could you please advise whether there is any basis for applying to have this claim struck out, or how best I can strengthen my position? My grounds for defence are:
I was unable to make payment due to a fault with the machine (frustration of contract).
As a disabled driver displaying a valid Blue Badge, reasonable adjustments should have been made under the Equality Act 2010.
Any advice or guidance would be greatly appreciated.
