Court claim form for child

waamo · 12 January 2018 at 11:14PM

You may have a case against the landowner but frankly it may be a long shot. The burning question is how much are you wanting to claim and what for?

The system loves amounts that can be fully justified rather than figures plucked out of the air which I fear this may be.

What may really fly is costs on the grounds of unreasonable behaviour. You have direct evidence of that. List everything down to the last penny and don’t forget your personal time. It’s amazing how much these provable costs can add up.

Coupon-mad · 12 January 2018 at 11:40PM

IMHO, you can claim under the Equality Act 2010 for harassment of the carers of a disabled child, and failure to make a reasonable adjustment of time.

I think you SHOULD counter-claim!

Have a look at Acidmonkey's thread:

http://forums.moneysavingexpert.com/showthread.php?t=5597961

... his defence includes a counter-claim I wrote, then he added in the landowner under the Part 20 procedure, and he is now proceeding towards a hearing of his counter-claim (the PPC's claim was struck out!). I think you should take the same steps, counter claim and apply to add in the landowner (get their legal name right).

Acidmonkey's counter-claim is just a guide for you, a starter, because it's not an Equality Act one, whereas yours is.

Carers of disabled people - child or not - are legally protected in a similar way to the person themselves, and service providers have legal duties imposed under the Statutory Code of Practice relating to Service Providers*, that include:

- a duty to make 'reasonable adjustments' for disabled people
- anticipatory policy adjustments of arbitrary time limits, to allow the disabled population access (the Code gives an example!). This is INDIRECT discrimination.
- harassing a disabled person or their carers is prohibited in itself, and the remedy is compensation.
- services cannot charge the disabled person for the 'reasonable adjustment'
- once they 'knew or should have known' about the disability, yet persist with this conduct, they are also guilty of DIRECT discrimination.

* https://www.equalityhumanrights.com/en/publication-download/services-public-functions-and-associations-statutory-code-practice

Now download it and search the PDF for the word 'tours' - there's your example of a time limit requiring a reasonable adjustment in law!

Oh, and read this and use this in evidence for your counter-claim too:

http://www.wake-smith.co.uk/news/council-car-park-case-settled-a-victory-for-blue-badge-holders/

I think you should counter claim for £1000 - AT LEAST - for distress, personally, if you word it well and hit HARD about the distress caused to you (carer) and the child who is suffering night terrors after hearing court being discussed...

You may wish to also mention Blamires and Vidal Hall, like I did here:

http://forums.moneysavingexpert.com/showthread.php?p=72985679#post72985679

Point is, they have refused to admit their mistake, failed to make a reasonable adjustment of time, then they have harassed you, now they must compensate you (the child Defendant).

logician · 12 January 2018 at 11:47PM

flothy wrote: »

They were aware it was against a minor. I did speak to the land owners in the summer and was advised that they would not take it to court. I spoke to them again this week and they had changed their view.

I am not after retaliation I just want it not to happen again to someone.

Who is they? Did you not contact NAPIER about this at any stage?

Sounds like you contacted just the landowner.

You should also put in the defence that the landowner advised no court action..

EMAIL JAMES ON HIS PERSONAL ACCOUNT

james@napierparking.co.uk

Coupon-mad · 12 January 2018 at 11:47PM

Oh, see this thread too:

http://forums.moneysavingexpert.com/showthread.php?p=73680257#post73680257

and read the links and case law, on the helpful British Stammering Association website. A good resource.

If you decide to counter-claim I will help you write it, like I did for Acidmonkey.

If you email James De Savary now, he will cancel it you know...as I told you already.

Do you want him to?

Do you want to force a hearing?

flothy · 13 January 2018 at 12:01AM

Coupon-mad wrote: »

IMHO, you can claim under the Equality Act 2010 for harassment of the carers of a disabled child, and failure to make a reasonable adjustment of time.

I think you SHOULD counter-claim!

Have a look at Acidmonkey's thread:

http://forums.moneysavingexpert.com/showthread.php?t=5597961

... his defence includes a counter-claim I wrote, then he added in the landowner under the Part 20 procedure, and he is now proceeding towards a hearing of his counter-claim (the PPC's claim was struck out!). I think you should take the same steps, counter claim and apply to add in the landowner (get their legal name right).

Acidmonkey's counter-claim is just a guide for you, a starter, because it's not an Equality Act one, whereas yours is.

Carers of disabled people - child or not - are legally protected in a similar way to the person themselves, and service providers have legal duties imposed under the Statutory Code of Practice relating to Service Providers*, that include:

- a duty to make 'reasonable adjustments' for disabled people
- anticipatory policy adjustments of arbitrary time limits, to allow the disabled population access (the Code gives an example!). This is INDIRECT discrimination.
- harassing a disabled person or their carers is prohibited in itself, and the remedy is compensation.
- services cannot charge the disabled person for the 'reasonable adjustment'
- once they 'knew or should have known' about the disability, yet persist with this conduct, they are also guilty of DIRECT discrimination.

* https://www.equalityhumanrights.com/en/publication-download/services-public-functions-and-associations-statutory-code-practice

Now download it and search the PDF for the word 'tours' - there's your example of a time limit requiring a reasonable adjustment in law!

Oh, and read this and use this in evidence for your counter-claim too:

http://www.wake-smith.co.uk/news/council-car-park-case-settled-a-victory-for-blue-badge-holders/

I think you should counter claim for £1000 - AT LEAST - for distress, personally, if you word it well and hit HARD about the distress caused to you (carer) and the child who is suffering night terrors after hearing court being discussed...

You may wish to also mention Blamires and Vidal Hall, like I did here:

http://forums.moneysavingexpert.com/showthread.php?p=72985679#post72985679

Point is, they have refused to admit their mistake, failed to make a reasonable adjustment of time, then they have harassed you, now they must compensate you (the child Defendant).

WOW! We can't thank you enough for this advice, we are extremely grateful.

Coupon-mad · 13 January 2018 at 12:08AM

Like I say I will help you write a counter-claim if you start it (read all the links and Acidmonkey's example) but I think James D will cancel this claim sharpish. Especially if someone reading this takes it upon themselves to contact him, which would be a shame, but such meddlers exist on public forums.

So we'd have to be quick to defend & counter-claim, and normally a Defendant has to pay a small fee to counter-claim - although I would have thought your son qualifies for fee remission (Google 'help with court fees').

Got to be a no-brainer to do this, if you are up to sue for a grand with no court fee outlay.

I will help for free of course, openly on this thread.

flothy · 13 January 2018 at 12:20AM

logician wrote: »

Who is they? Did you not contact NAPIER about this at any stage?

Sounds like you contacted just the landowner.

You should also put in the defence that the landowner advised no court action..

EMAIL JAMES ON HIS PERSONAL ACCOUNT

james@napierparking.co.uk

I did contact Napier last year (foolishly by phone). I had to go through a few options on the phone not to get the automated machine but they were not interested in the fact it was a child. This week the land owner confirmed they had a discussion with Napier last summer and confirmed that napier knew the defendant was a child.

Thank you for the email address, gratefully received!

Coupon-mad · 13 January 2018 at 12:25AM

Thank you for the email address, gratefully received!

Seriously? Did you read what I wrote? Post #55.

flothy · 13 January 2018 at 12:36AM

Coupon-mad wrote: »

Oh, see this thread too:

http://forums.moneysavingexpert.com/showthread.php?p=73680257#post73680257

and read the links and case law, on the helpful British Stammering Association website. A good resource.

If you decide to counter-claim I will help you write it, like I did for Acidmonkey.

If you email James De Savary now, he will cancel it you know...as I told you already.

Do you want him to?

Do you want to force a hearing?

At first I just wanted it to be cancelled. Now I would like a hearing. I think he may already be aware due to copying the CEO of Parks Trust into my response to BW Legal.

Do you have a email address?

Coupon-mad · 13 January 2018 at 12:38AM

Yes, send me a pm.

Court claim form for child

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free