Considering ECPs responses, you can sue them for disability discrimination under the Equality Act 2010. They are a service provider and have a legal duty to make reasonable adjustments for disabled people. By refusing to consider your appeal after being told the overstay was due to a disability-related medical issue, they may have breached that duty. Their repeated misstatements about not being responsible once the case was passed to DCB Legal also show a disregard for their ongoing legal obligations.
Two key provisions apply:
• Section 15: This covers discrimination arising from disability. It applies where someone is treated unfavourably because of something that results from their disability, and that treatment cannot be justified as a proportionate means of achieving a legitimate aim.
• Section 20: This imposes a duty on service providers to make reasonable adjustments to avoid placing disabled people at a substantial disadvantage. This includes adjusting rigid procedures like appeal deadlines when disability is involved.
Euro Car Parks’ refusal to consider your appeal after being informed of a disability-related medical event may breach both sections.
If you bring a claim and succeed, you can seek compensation for injury to feelings. This is assessed using the Vento bands, which are guidelines set by the courts:
• Lower band (£1,200–£12,100): for less serious cases, such as isolated incidents
• Middle band (£12,100–£36,400): for more serious cases that don’t merit the top band
• Upper band (£36,400–£60,700): for the most serious cases, such as prolonged or malicious discrimination
The amount depends on the impact on you, not just the conduct itself. You don’t need to show financial loss to claim this.
So, you could bring a claim in the County Court for discrimination arising from disability (Sections 15) and failure to make reasonable adjustments (Section 20). If successful, you could be awarded compensation for injury to feelings, typically between £1,000 and £3,000 for less serious cases. You would need to show that you are disabled under the Act, that the overstay was linked to your condition, and that ECP failed to act reasonably once they were informed.
Before suing, you should send a formal Letter Before Claim giving them 14 days to respond. If they don’t resolve the matter, you can issue a claim, which is very straight forward and can be done online through MCOL.
Regarding the forms (N180 DQ) you received with the allocation notice, don't fill in the paper form. Follow these instructions:
Ignore all the other forms that came with it. you can discard those. Download your own here and fill it in on your computer. You sign it by simply typing your full name in the signature box.
https://assets.publishing.service.gov.uk/media/673341e779e9143625613543/N180_1124.pdfHere are the answers to some of the less obvious questions:
• The name of the court is "Civil National Business Centre".
• To be completed by "Your full name" and you are the "Defendant".
• C1: "YES"
• D1: "NO". Reason: "
I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions.
Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.."
• F1: Whichever is your nearest county court. Use this to find it:
https://www.find-court-tribunal.service.gov.uk/search-option• F3: "1".
• Sign the form by simply typing your full name for the signature.
When you have completed the form, attach it to a single email addressed to both dq.cnbc@justice.gov.uk and info@dcblegal.co.uk and CC in yourself. Make sure that the claim number is in the subject field of the email.
