Disabled Parking Bay

[keefyboy]

Is there anyone who can guide me on this one please......

[MARTIN3030]

Acknowledging the reported post for help.

You say that mediation is legally binding ?

[keefyboy]

Hi Martin3030

Yes the Mediation is legally binding and can be pursude through the Small Claims Court

I enclose a copy of the relevent page where we both had to sign to say that we accepted Mediation and a Full and Final settlement.

 

 

So now i want to take them to SCC for compensation for all the distress, (even as far as threatening of Physical Violence to my wife), failing to honour the F&F settlement, failure to comply with the DDA, you name it I want to throw the book at them.

 

They have really pis**d around for over 3 years with this, and now I have had enough. They are only just starting the process for a Blue Badge Disabled Parking bay, and i know that proceedure alone can take up to 18 months to get the approval of the Dept Of Transport, then there is getting the signs made (as we live in a Parking preferental scheme, basically a way to rip you off for £30 a year and no guarantee of even parking in the same street let alone outside your own house), and then instructing the White Line markers to do the job, then get someone to fix up the signs that had to be made. So time is dragging on and on again..... 3 weeks ago there was not a single parking space in the whole street, let alone room for a Wheelchair Accessable Vehicle, which needs an area of 8 feet behind it so I can come out of the vehicle.

 

So what I am asking for is help with a LBA which has to be sent to them before i start court proceedings.

[keefyboy]

Latest update of where I am on this case,

I had a reply from Highways dept admitting that they had made mistakes (all but 1) and they were sorry..... (Ha ha) but they would get a bay put in after the Traffic consultation process was completed, approx 6 weeks, then all the objections etc have to be investigated and if any amendments were to be made they may have to go out to consultation yet again. They actually want to cut the length of the parking scheme by approx 6-8 weeks to come in line with other areas in the town. But this part of town is unique because of the volume of students living here. and we may be able to get the bay in by the end of the year.....

 

Approx 1 weel later got a letter from Legal department stating I had no grounds for Breach of contract (I can not go into it any further because i may well be using parts of it to present to the court).

 

But they did offer to pay me £150 for the costs I have incurred so far but on the condition that it would be accepted as full and final settlement of the case up to now..........

so this morning I went and saw a solicitor and she tells me that I DO have a case for Breach of Contract and under no circumstanes am I to accept the offered payment...

So I am now finding out what to do next to take them to Small Claims Court.

 

So watch this space I will keep you updated as and when I can.

[Turnaround]

Hi Keefy,

 

Nice to hear you have got some legal advice at last. Hang in there.

 

Best regards…..Turnaround

[keefyboy]

The thing that annoyed me was the people who said I had a case under the DDA (Now Equalities Act) said that they would never tell me to take action and certainly would not persue the case any further...... I was not impressed one little bit, so thats why I went to the solicitor. She was very helpful and gave me free advice and directed me to where to get the forms etc.

[keefyboy]

Finally a RESULT, I now have a real Blue Badge parking bay outside my house, only taken 4 years 2 months, apparently the changes were introduced on 16th April 2012. But I think that if someone gets ticketed under the New Traffic regulations they could agrue that they have not marked the signs as they have changed the periods of the scheme. They have not burnt out EVERY other disabled bay in the zone as none are required anymore... funny how highways said that ALL the bays were in use (that may have been right in 2008 but it aint now cause the students have all gone over that period) the blokes who did the line marking were saying that my bay is not legal until the signs have been changed to show its a Blue Badge disabled bay.

But for me a final victory, good job they have done it this week cause I was going to solicitor next week.....

[green_and_mean]

I wonder how long it will be until another blue badge holder starts parking in 'your' bay?

[keefyboy]

The one thing is there is no other Blue Badge holders in the street, but that doesn't stop a visitor parking but because of the Parking Restrictions here they can not park for more than 3 hrs as per Blue Badge scheme, unless they have the specific Zone Parking parking permit and it is registered with the Authority and your permit displays a "D" and the correct Zone on it. After 3 hrs they can get ticketed and reported for breach of Blue Badge Issuing Authority they are registered with and their Blue Badge will be cancelled immediately.

Because it is a mainly a student residents area (for now) outsiders don't tend to come round here and it is regularly Patrol by The Street Wardens (Traffic Wardens) and they are very thorough checking up.

[silverfox1961]

I wonder how long it will be until another blue badge holder starts parking in 'your' bay?

 

That is one thing I hope doesn't happen.

 

I'm glad you have this result Keefy although I hope you are still going after them for all the stress this has caused you over the last few years.

 

I wish your council was as good as mine. I reported a few faults less than a month ago. They will be finished by next Tuesday. None of the faults were urgent.

[keefyboy]

Obviously not LCC highways, it turned out the reason nothing had been done was that their man who made and signed all the agreement was leaving when I first recontacted them, and I think it was under a very big cloud, very big indeed. He did not tell anyone about the mediation meeting and outcome, so finished up going to see solicitor under 20 mins free scheme and she said we had a great case, then LCC legal people got involved and were playing on words from the meeting, but solicitor said it was a way to try and frighten me off but that didn't work, so i sent them a copy of the N1 form I had submitted to the court, boy did they move then..... Paid all my costs agreed and then went through it all and found they were guilty and counldn't do enough for me..... funny what a court paperwork can do..... anyway, I finally got my bay, and headed a few other people in other Zoned areas to get their bays.....lol.... so eventually got it sorted, didn't really cause to much stress as had other problems to deal with which really more important than they bay, but they didn't know that...... I had a reported from the local rag interested in doing article if we went to court.....

[silverfox1961]

AH, it warms the cockles when the big boys get brought down to size. Well done.