Help! MONEY CLAIM FROM BW LEGAL AFTER 5 YEARS 4 MONTHS

Coupon-mad

Potentially, yes, and I might be so bold as to suggest £750 or even £1000!

Bear in mind that it may be difficult under the Equality Act, because claims under that Act must be filed (usually) ''within the period of 6 months starting with the date of the act to which the claim relates''. Although there is the caveat in the legislation ''or such other period as the county court thinks just and equitable.''

She could argue, however, that the 'act to which the claim relates' is continuous and includes the 2017 decision not to cancel the charge and to proceed to court. So you could say (because some sections of the EA do have this statement):
(a)conduct extending over a period is to be treated as done at the end of the period;
(b)failure to do something is to be treated as occurring when the person in question decided on it.*

* i.e. failure to cancel the charge when they decided to take this meritless claim to court, which has caused harassment of a carer in a case where in 2012, the Claimant 'knew or should have known' (from the appeal made, assuming she DID tell them about the disability issue as well as the fact it was a double visit?) that the incident related to a driver with a mobility impaired passenger, looking for a disabled bay, failing to find one and leaving.

Remember you can contact the Equality Advisory and Support Service (EASS):

http://www.equalityadvisoryservice.com/app/about/session/L3RpbWUvMTUxNTM2NjUzMi9zaWQvQ19keUZiQ24%3D

And in some cases the Equality and Human Rights Commission (see the EHRC website) may occasionally assist in bringing proceedings.

A very useful page is this one from the British Stammering Association:

http://www.stammeringlaw.org.uk/services/complaints.htm

I find that page really helpful, hope you can glean some grounds for counterclaim from it and understand your 'burden of proof' which is quite high, but certainly possible to meet.

Remedies
Compensatory payment
Where there is a breach of the Equality Act, the main legal remedy is money compensation. Most or all of the compensation is normally for 'injury to feelings' (s.119(4) EqA).

The court in Purves v Joydisk Ltd (2003) said that £750 was the least that might nowadays be awarded. The former Disability Rights Commission said (on its website and in its June 2003 Legal Bulletin linked below) that awards usually ranged from £1000 upwards.

Purves v Joydisk Ltd, Court of Session, 25 February 2003
This was an appeal in Scotland against an award of £350 for injury to feelings. The appeal court increased the award to £1000. The Sheriff Principal commented: "the sum of £750 is the least that may nowadays be awarded for the slightest injury to feelings, deserving of damages, which is caused by discrimination on the ground of disability".

Look also at their ''Examples of cases on compensation'' and USE them.

Only costs her £25 for a punt...hmmmm...if she told them in 2012 about the disability and that they were 'looking for a disabled bay and then left' then I would say she has a case. If the PPC knew this in 2012 - I WOULD DO A COUNTER CLAIM.

Ralph-y

"Any views on a counter claim for discrimination by harassment of a Disabled Person's Carer, or am I trying to have my cake and eat it?"


erm ... well as per the cake and eat it .... ...

how about

this forum backed campaign ?

WHICH are asking again for consumer problems

https://whichcouk.bsd.net/page/s/which-taking-on-2018

Which are pretty good at hitting the government with
consumer problems.
No harm in them hearing from you, I have done it for
the great parking scam and their dodgly solicitors

Only takes a couple of mins


Ralph:cool:

Mareczek

Thank you for that very helpful info Coupon-mad.

As stated previously, she did appeal in 2012 on the grounds of never ever parking there, and that she was looking for a disabled bay, on both visits that day for her passenger, her 88 year year old wheelchair bound Grandma. Failed to find one, and left immediately. Excel were not interested, and demanded proof that the car was somewhere else, at the time they reckoned it was parked in 'their' car park.

We will weigh up the pros and cons, and if we go for it, it will be for £1000.

Many thanks

Mareczek

Thanks Ralph-y, will consider.

Coupon-mad

Mareczek wrote: »

Thank you for that very helpful info Coupon-mad.

As stated previously, she did appeal in 2012 on the grounds of never ever parking there, and that she was looking for a disabled bay, on both visits that day for her passenger, her 88 year year old wheelchair bound Grandma. Failed to find one, and left immediately. Excel were not interested, and demanded proof that the car was somewhere else, at the time they reckoned it was parked in 'their' car park.

We will weigh up the pros and cons, and if we go for it, it will be for £1000.

Good.

Nothing would make my day more than seeing a nasty firm get their come uppance!

If I have time I will comment on your counter-claim draft, albeit I don't take pm's so it will need to be chewed over here on the forum, which is fine.

Worth a £25 punt; because Excel knew about the disability need, I can't see ANY cons.

Mareczek

Hi

I am back on the case now, and I will appreciate your assistance in due course.

I have to make some phone calls.

Many thanks

Quentin

Mareczek wrote: »

.

I have to make some phone calls

Not to the PPC or their sols!!!

logician

Mareczek wrote: »

We will weigh up the pros and cons, and if we go for it, it will be for £1000.

Many thanks

Coupon-mad wrote: »

Good.



Worth a £25 punt; because Excel knew about the disability need, I can't see ANY cons.

It will be higher than £25 filing fee for a counterclaim of £1,000 - actually £60 plus if the Claimant discontinues before paying the hearing fee then the Defendant will need to pay the hearing fee applicable rate for the counterclaim value.

Fees are on a sliding scale

https://www.gov.uk/make-court-claim-for-money/court-fees


http://hmctsformfinder.justice.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=264



As for Cons

The OP is not the Defendant so we are making comments via a third party communications..

The protected person is sadly deceased.

The POCs for the counterclaim will need to spell out exactly the reasons specifying

Discrimination by association

and

Whether direct and or indirect discrimination and how so

Mareczek

Hi

re. Counter claim

I have spoken to the Equality Advisory Service, and the person I spoke to was quite adamant that as the "incident" occurred over 5 years ago, the 6 month period had elapsed to make a claim, and she didn't see how I could argue otherwise.

I think she was somewhat bamboozled by my logic (provided by Coupon-mad), but wasn't having any of it. She didn't think we had a case anyway, which was a bit rich coming from someone, not meant to be giving out legal advice.

Any views ?

Many thanks

nosferatu1001

Did you raise ALL the poitns given by CMM in post 22?