Author Topic: Lidl parking without disabled badge  (Read 8172 times)

0 Members and 159 Guests are viewing this topic.

Re: Lidl parking without disabled badge
« Reply #45 on: »
Sadly, this whole process is a complete waste of time and resources. The mediation is not part of the judicial process and no judge is involved. The mediator is not legally trained and cannot (should not) offer advice other than opinion on the possible outcome.

All you do is offer £0 and it should be over in minutes.

The response you received sounds like they are now scrambling to cover their backsides. You should absolutely rebut their claim that they “reached out” by invoking what’s called a rebuttable presumption of service.

By post: Civil Procedure Rule (CPR) 6.26 says service is deemed two business days after posting — but only if they can show proof of posting. If they can’t produce a certificate of posting or recorded delivery, their claim to have “reached out” carries no evidential weight.
By email: CPR PD 6A para 4.1 requires prior consent for email service. If they had sent an email, they should be able to produce the email header metadata to prove it left their system. Simply saying “we reached out” is not proof of sending or delivery. You can make it clear that absent evidence, their assertion is denied.

As for the mediation date:

• You’re not obliged to accept a unilateral date they drop on you. The whole point of Section E2/F4 on the N180 is that you supply unavailable dates so the service can avoid clashes. If they ignore this, you can (and should) push back.
• You can tell them you require them to offer you a range of alternative dates, excluding the ones you have already declared unavailable. That way, you’re seen as cooperative but not a pushover.
• As to settlement: you are perfectly entitled to state in advance that your only position is a £0 settlement because you deny liability. Mediation then becomes largely pointless — but you still demonstrate good faith in turning up.

Here’s how you might word it:

Quote
Subject: Claim No: [XXXX] – Mediation Appointment

Dear Tonisha,

Thank you for your email.

You state that you “reached out” with alternative arrangements. I must rebut that assertion. I have received no such communication, whether by email or post. If you contend otherwise, I require you to produce evidence of sending — either email header metadata (for email) or proof of posting (for post). Absent such evidence, your claim carries no weight.

Furthermore, the new date of 01/10/2025 was imposed without reference to the dates of non-availability I already provided on my N180 Directions Questionnaire. It is not reasonable to disregard this information. If mediation is to proceed, I require you to offer me a selection of dates which exclude those periods I have already identified as unavailable.

For clarity, my position remains that this claim is entirely without merit. My settlement position is £0, and therefore the utility of mediation is extremely limited. In truth, the whole exercise risks being a waste of everyone’s time and resources. A more proportionate use of court resources may be to dispense with mediation altogether and allow the claim to proceed to allocation. Nevertheless, if mediation is insisted upon, I am prepared to engage provided it is conducted in an accessible format with a BSL interpreter present and scheduled at a mutually convenient date.

Please confirm that my requirements are properly recorded on the file so that further avoidable errors do not occur.

Kind regards,

[Your Name]
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
Like Like x 1 View List

Re: Lidl parking without disabled badge
« Reply #46 on: »
Thank you.

I emailed yesterday with your draft, with some slight amendments:

Dear Tonisha,

Thank you for your email.

You state that you “reached out” with alternative arrangements. I must rebut that assertion. I have received no such communication, whether by email or post.

Furthermore, the new date of 01/10/2025 was imposed without consideration for the information I already provided on my N180 Directions Questionnaire. It is not reasonable to disregard this information.

For clarity, my position remains that this claim is entirely without merit. My settlement position is £0, and therefore the utility of mediation is extremely limited. In truth, the whole exercise risks being a waste of everyone’s time and resources. A more proportionate use of court resources may be to dispense with mediation altogether and allow the claim to proceed to allocation.

Nevertheless, if mediation is insisted upon, I am prepared to engage provided it is conducted in an accessible format with a BSL interpreter present and scheduled at a mutually convenient date.
To be clear, this means a face to face BSL interpreter. VRI in this situation isn't suitable, for various well documented reasons, but also due to my ongoing issues with my hands clear communication via sign is less possible and requires the interpreter to be able to understand deaf speech, which is acutely difficult via VRI.

Please confirm that my requirements are properly recorded on the file so that further avoidable errors do not occur.

Kind regards
=========

Received email this morning saying it's been cancelled:

Mediation Cancelled
Claim number: *****

Parties: UK PARKING CONTROL LIMITED v ******

Mediation: between 13:30 and 16:30

Date: 01/10/2025

Please note that the mediation appointment in the above matter has been cancelled as one or the other party is unable to meet the criteria for mediation. We are unable to provide any further information at this stage so please continue to follow any instructions issued by the court.

If not already done so. the claim will now be transferred out of our business centre to a court where standard directions will be given and you will be notified in writing of the next stages to follow. It is important that both parties follow these instructions and adhere to the timetable set down by the Court. Further information can be found at; Make a court claim for money: What a court claim is - GOV.UK (www.gov.uk)

If you require any further information about the next steps, please contact the home court. You can use the link below to find the contact details.

https://www.gov.uk/find-court-tribunal

Civil National Business Centre | HMCTS | St Katharine's House 21-27 St Katharine's Street | Northampton | NN1 2LH Phone: 0300 123 4593 Email: scmreferrals@justice.gov.uk

Re: Lidl parking without disabled badge
« Reply #47 on: »
Good. That is one less waste of time and effort needed. The claim will now be located to you local county court and a procedural judge will make an order regarding the case.

The most basic of orders will be to set a date and time for the hearing and a deadline for the claimant to pay the £27 trial fee. They will also set a deadline for the submission of witness statements and any other evidence either party is going to rely on.

You must understand that this will never reach a hearing before a judge as DCB Legal will discontinue before they are required to pay the trial fee. As a matter of interest, considering your disability, how would you expect a (excuse the pun) 'hearing' to take place in person?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Lidl parking without disabled badge
« Reply #48 on: »
Didn't have a clue what it was about so called them and gave them the email ref number. They said it was in reference to parking and they tried to get me to confirm reg number saying that they take data protections VERY VERY seriously, and as I have more than 1 vehicle, I gave the 1st 2 characters of the vehicle I didn't think it would be and they confirmed it wasn't that.
I said that it told me all I needed to know and unless there was a court order we had nothing to discuss..and he kept interrupting by unprofessionally forced laughing saying that "their clients ZZPS" is very litiguous and always will sue and they will issue me with a CCJ. I told them that only the court could issue a CCJ, and by all means, take me to court, again with the laughing and "ahhh entitlement, thank you so much for that today ma'am (more laughing) I love it when people try to tell me my job, love.....we'll continue to progress and will be adding more charges"

I just ended the call at that point. The complete unprofessionalism assured me that I had nothing to worry about. Prior to getting this email, I had been getting emails from ZZPS, which I had been ignoring, so this was a progression from this.

In an earlier post, you said that you rang the Debt Collectors and spoke to them, so, with respect, why are you now unable to take a telephone mediation?

Re: Lidl parking without disabled badge
« Reply #49 on: »
Good. That is one less waste of time and effort needed. The claim will now be located to you local county court and a procedural judge will make an order regarding the case.

The most basic of orders will be to set a date and time for the hearing and a deadline for the claimant to pay the £27 trial fee. They will also set a deadline for the submission of witness statements and any other evidence either party is going to rely on.

You must understand that this will never reach a hearing before a judge as DCB Legal will discontinue before they are required to pay the trial fee. As a matter of interest, considering your disability, how would you expect a (excuse the pun) 'hearing' to take place in person?

If I needed to attend court it would be with a BSL interpreter provided by the court.

Is that what you meant?

Re: Lidl parking without disabled badge
« Reply #50 on: »
Didn't have a clue what it was about so called them and gave them the email ref number. They said it was in reference to parking and they tried to get me to confirm reg number saying that they take data protections VERY VERY seriously, and as I have more than 1 vehicle, I gave the 1st 2 characters of the vehicle I didn't think it would be and they confirmed it wasn't that.
I said that it told me all I needed to know and unless there was a court order we had nothing to discuss..and he kept interrupting by unprofessionally forced laughing saying that "their clients ZZPS" is very litiguous and always will sue and they will issue me with a CCJ. I told them that only the court could issue a CCJ, and by all means, take me to court, again with the laughing and "ahhh entitlement, thank you so much for that today ma'am (more laughing) I love it when people try to tell me my job, love.....we'll continue to progress and will be adding more charges"

I just ended the call at that point. The complete unprofessionalism assured me that I had nothing to worry about. Prior to getting this email, I had been getting emails from ZZPS, which I had been ignoring, so this was a progression from this.

In an earlier post, you said that you rang the Debt Collectors and spoke to them, so, with respect, why are you now unable to take a telephone mediation?

I called via text relay, where an operator will speak what I type and types what the called party says.

It involves using an app called Relay UK which is  dreadfully designed and horrible to use.
Aside from that, the process of my typing what I want to say, while the called party (who 90% of time isn't patient enough to wait for me to finish before interrupting) stands by for the operator to relay it to them, then takes their response and types it to me.

Some deaf people have clearer speech than I so they have the option of speaking, while the operator types their replies.

It's something I'll only use when I've no other option (emails, texts being ignored etc)

In answer to your question, yes technically, I can receive calls as well but apart from the issues stated above, it involves dialling a prefix first, and for many govt departments this prefix gets blocked. In this case, it would have meant a 3 way mediation became a 4 way mediation and very confusing.

You can try putting it to the test yourself, download the Relay UK app, and try using it to call a friend, and receive a call as well, and report back here. It's free to use, apart from the cost of the calls.

Often companies and organisations, and indeed individuals forget that when the Equality Act mentions an obligation to make reasonable adjustments, it means for the disabled person, not vice versa.
Informative Informative x 1 View List

Re: Lidl parking without disabled badge
« Reply #51 on: »
Got this letter from the court today, dated 10th September. The post is terrible here so nothing unusual to get post a week late.


Re: Lidl parking without disabled badge
« Reply #52 on: »
It just confirms that the claim is now being transferred back to the CNBC where they will probably transfer it to your local county court where they will have to deal with your claim going forwards.

You will next receive 'directions' from a procedural judge at your local court which will include how they intend to deal with the claim should a hearing be required to handle your disability. I can assure you that it will never get as far as a hearing as this will either be struck out or discontinued before it ever gets that far. In the vast majority of these cases, the claim is discontinued just before DCB Legal have to pay the £27 trial fee, which is around a month before any hearing date.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Lidl parking without disabled badge
« Reply #53 on: »
Received the following letter today

I assume this is what you were talking about.

<img src="https://i.ibb.co/9kpbP9rr/Screenshot-20251017-213321-Gallery.jpg" alt="Screenshot-20251017-213321-Gallery" border="0">

Re: Lidl parking without disabled badge
« Reply #54 on: »
Yes. Wait for the directions from a judge at your local court with deadlines.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Lidl parking without disabled badge
« Reply #55 on: »
Thank you

Re: Lidl parking without disabled badge
« Reply #56 on: »
I'm a little confused here.

Received an email from the NorthHampshireCivil@justice.gov.uk email address but written by someone in my local court.

Confirming interpreter for hearing on 15th December but I've not received any correspondence about a hearing for 15th December. It's the 1st I've heard.

========
Subject: (*case ref*)- Reasonable Adjustments for hearing on 15th December 2025 at ***** Justice Centre

Dear Sir,

I am writing to you to confirm that a BSL interpreter has been booked to attend the hearing with you following the information you have provided in your Directions Questionnaire. 

The information in your forms suggests that you may require a disabled parking space on the day of your hearing at Aldershot Justice Centre. For this to be secured, please could you provide the following details:

Car registration number
Make & Model of the car
 
I can also confirm that we have both an external and internal lift.

If there is any further assistance that the Court can provide, please contact prior to your hearing.

Regards,

Mrs **** ****

Team Leader
***** (my local court) Justice Centre | HMCTS

Web: www.gov.uk/hmcts

As of the 5 August 2024 All Civil & Family Calls are now dealt with by the National Service Centre Number 0300 123 5577

Working Pattern: Term Time Only
I work flexibly and emailing late in the day suits me, however I respect your working hours and don’t expect a response outside of them.
=====

Does that mean the PPC have decided to go ahead with a hearing?

If I reply to the email will it get to this person at my local court or go to Northampton?

Re: Lidl parking without disabled badge
« Reply #57 on: »
Nothing to worry about. Sometimes the interpreter booking confirmation email arrives slightly earlier than the official Notice of Hearing.

When the Notice of Hearing arrives, it will confirm the date of the hearing and more importantly, it will give a deadline for the claimant to pay the £27 trial fee. That is normally about 4 weeks before the hearing date. I have never known a UKPC claim issued through DCB Legal go beyond that deadline as they will usually discontinue before they have to pay it.

Let's wait for the Notice of Hearing.

The email came from your local court, not from the Civil National Business Centre (Northampton). The address NorthHampshireCivil@justice.gov.uk is a shared mailbox used by several local courts, including Aldershot and Basingstoke, for outgoing mail.

If you reply to that email, it will go back into the local court’s inbox and reach the person who wrote it (Mrs [Name]). It will not be redirected to Northampton.

So yes, you can safely reply directly to that address — for example, to confirm your car details for the disabled parking space, or to acknowledge the interpreter arrangement.

If you haven’t yet received the formal hearing notice by post, you could add a short line like this:

Quote
Thank you for confirming the interpreter booking. I have not yet received any formal notice of the hearing date or directions. Please could you confirm whether the Notice of Hearing or Notice of Allocation has been issued?

Show us the Hearing Notice when you receive it.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain