Will they go to court or not?

rizla01

Phew!. Thanks CM. That is a huge list of instructions.
I will need to get you to clarify some of the points that you make at a later stage but for now will do what I can and refer back over the past pages for this post.
For now, one query I have is how to mention the Beavis case? Am I to assume that the judge will know what that is all about or do I just quote 'In the case of XX v beavis dated the ? it was said........?
I would think the first page would be an intro as to who I am and that i contest the charge against me on the following grounds - then a numbered list and making reference to enclosed documents and BPA CoP. plus ICO CoP.

Does that sound about right so far?
(Me being my Daughter of course lol)

Coupon-mad

Witness Statements are easy to Google to see how to set it out:

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements

The Beavis case is something the Judge will know about, and you refer to it as:

ParkingEye Limited v Beavis [2015] UKSC 67

rizla01

Thank you CM.
Is it OK for me to post a draft on here before sending off, for you to cast you eagle eyes over?

SOON this will be over and it cant come soon enuff.

Fingers crossed on the outcome. After all this it would be SO-o-o-o nice to come out on top.

Coupon-mad

Yes show us, and it needs to refer to the evidence by number (Defendant's initials then 1, etc.).

A WS and the evidence tally together. One refers to the other.

As IamEmanresu said, the Judge is not a mind reader so you need to show the facts of why she is not liable in law, etc. Hence why I listed lots of things to make the Judge think about the EA, especially as I read that PE won a case (wrongly) by saying they ''didn't know'' about the victim's disability so the EA didn't apply/wasn't discrimination.

I am sure plenty of Judges would swallow that when stated authoritatively, so you need to take to Judge to the exact section of the EA itself, about the duty to make reasonable adjustments in advance, in anticipation of disabled visitors, and the section in the EA Service Provider's statutory Code where it gives a time limits example of indirect discrimination.

And for good measure the ICO ANPR surveillance camera CoP because at this site where a section is not signed/allows for takeaways to be collected, surely blanket ANPR enforcement breaches the CoP - put PE to 'strict proof' of all this.

rizla01

Also CM, was it you that said ( Or have I read somewhere ) that my daughters cancer, though now 'Cured (or in remission) she can STILL be classed as disabled as she lives in fear of a return, and has treatment that weakened her bones causes tiredness Etc.

Is this what you are referring to and would any Judge not want proof of when the cancer was diagged and when she was given the 'all Clear'?

Coupon-mad

Also CM, was it you that said ( Or have I read somewhere ) that my daughters cancer, though now 'Cured (or in remission) she can STILL be classed as disabled as she lives in fear of a return, and has treatment that weakened her bones causes tiredness Etc.

Yes. The treatment that has weakened her bones and caused longterm physical fatigue (and maybe concentration issues that could slow down purchasing decisions?) mean she has chronic medical symptoms as a result of the cancer and treatment that impact on her daily life.

Any condition that does that and is likely to continue for at least 12 months, meets the definition of disability (but I will let you look that up in the EA)! Search the Act for 'protected characteristics' so you use the right terminology.

rizla01

Aha. Good. Does it not matter that I have not mentioned that before and that the WS that will now be sent to PE & the judge will be the first time PE have heard of it and argue that it is ME(Her) that has wasted the courts time in NOT mentioning that fact beforehand or is it suffice to say that she didn't realise the implications in relation to this occurrence until recently advised?

And as I said, wil she not need to prove that she had Cancer?
Just looking for the pitfalls in advance

Coupon-mad

And as I said, will she not need to prove that she had Cancer?

Yes, my long list of instructions said:

Your evidence should also prove her medical needs, to show that she does indeed have protected characteristics under the EA and should have been offered on the signage a method of extending her free stay, regardless of whether she even moved the car to the takeaway. A reasonable adjustment provision of offering extra time (maybe at the shop customer service desks) should have been extended to her whether she carried on shopping or moved to the takeaway.

Put PE to strict proof on that point.

will be the first time PE have heard of it

I suggest you start reading the things I said you need to read & understand...indirect discrimination!

There is no lawful justification to say they ''didn't know'' or to pass the blame to her for ''not telling them''. Read about it in the EHRC Equality Act Service Providers' Code of Practice, the thing you need to search for 'TOURS' to see why an arbitrary time limit is discriminatory at source (regardless of whether they know the needs of individuals).

Also, anything goes in small claims, PE ambush people all the time. Ambush them.

You could always say in the WS that she was loathe to mention this to ParkingEye because she is a private person and it brings back bad memories of a recent traumatic time...blah blah...but she realises that the Court must take account of the overriding rights she enjoys under statute law, and wants the Judge to have all of the facts and to give due consideration to the EHRC duty/law that the Claimant has breached, whether they knew about her medical issues, or not.

rizla01

!!!8220;

Your evidence should also prove her medical needs

Thats the bit I am struggling with.

Not sure how I can do that. She tires and truly does suffer from anxiety issues but to demonstrate those facts with evidence, is difficult.

Coupon-mad

Prove the treatment and the cancer diagnosis and just expand upon the after-effects in the WS and specify if she is on any medication for anxiety. The you explain how the effect on her daily life (physically and mentally) has continued for xx months since her chemo/radiotherapy and is unlikely to disappear within 12 months, therefore her protected characteristics meet the definition of disability under the EA.