BW Legal 'Letter Of Claim'

System

Here is one from a now closed specialist so not mine (and not legal advice either) which gives you the drift.

You change the events but the legislation is the same.

Retail Company Limited






25th April 2014
Dear Sirs

Re: Compensation Claim for Sex & Maternity Discrimination

I am writing to challenge your company!!!8217;s policy relating towards breastfeeding.

Events Giving Rise to my Complaint

On [Date] at around 13.30 I visited your store at[Address of premises]. While in the shop my 10 week old baby started crying. I found somewhere discrete to feed my baby.

After approximately 1 minute the Claimant was approached by a store assistant who said!!!!8220;I!!!8217;m sorry but you will have to go out. You can!!!8217;t feed here.!!!8221; When I asked why, I was told !!!8220;It!!!8217;s company policy!!!8221;.

I found this enormously embarrassing as there were a number of other customers nearby who then stopped what they were doing and started staring at me.

I asked if there was somewhere specifically reserved for breastfeeding but I was told that, !!!8220;We don!!!8217;t have facilities here in store for you to do that.!!!8221;

My baby became distressed, and I had no option but to leave the store. I had to feed my baby outside, where it was cold and drizzling. People stared at me, and the whole experience was uncomfortable.

The reasons I believe you are at fault

Section 11 of the Equality Act 2010 provides that sex is a protected characteristic.

Section 13 of the Equality Act 2010 provides:

!!!8216;(1) A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.!!!8217;
and
(6) If the protected characteristic is sex!!!8212;
(a)less favourable treatment of a woman includes less favourable treatment of her because she is breast-feeding;!!!8217;

Section 17 of the Equality Act 2010 provides:

!!!8216;(3)A person (A) discriminates against a woman if, in the period of 26 weeks beginning with the day on which she gives birth, A treats her unfavourably because she has given birth.

(4)The reference in subsection (3) to treating a woman unfavourably because she has given birth includes, in particular, a reference to treating her unfavourably because she is breast-feeding.!!!8217;

In asking me to leave the store because I was breastfeeding you have directly discriminated against me.

Section 19 of the Equality Act 2010 states:This sectionnoteType=Explanatory Notes has no associated

(1)A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's.

(2)For the purposes of subsection (1), a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B's if!!!8212;

(a)A applies, or would apply, it to persons with whom B does not share the characteristic,

(b)it puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared with persons with whom B does not share it,

(c)it puts, or would put, B at that disadvantage, and

(d)A cannot show it to be a proportionate means of achieving a legitimate aim.

You have a Provision, Criterion or Practice (PCP) which is not to allow women to breastfeed on your premises. In applying this PCP I was asked by your staff to leave the shop and was therefore disadvantaged by your discriminatory policy.

Section 26 of the Equality Act 2010 provides: E+W+S
'This sectionnoteType=Explanatory Notes has no associated
(1)A person (A) harasses another (B) if!!!8212;

(a)A engages in unwanted conduct related to a relevant protected characteristic, and

(b)the conduct has the purpose or effect of!!!8212;
(i)violating B's dignity, or
(ii)creating an intimidating, hostile, degrading, humiliating or offensive environment for B.!!!8217;

Pursuant to section 26 (1) of the Equality Act 2010 your staff harassed me by insisting that I leave the shop as this had the effect of violating my dignity and creating a degrading, humiliating and offensive environment.

Section 109 of the Equality Act 2010 provides:
This sectionnoteType=Explanatory Notes has no associated

!!!8216;(1) Anything done by a person (A) in the course of A's employment must be treated as also done by the employer.!!!8217;

You have discriminated against me by asking me to leave your store because I was breastfeeding. You have also harassed me as the actions of your staff had the effect of violating my dignity and creating a degrading, humiliating and offensive environment for me.

Disclosure

Please provide me with the following materials.

CCTV footage of the incident;

Details of your Equality and Diversity Training for staff; and

Details of your policy regarding breastfeeding.

A list of any complaints made by customers for discrimination on grounds of sex.

If these do not exist, please tell me.


Resolution of my Complaint

I would accept the following from you in resolution of my complaint:

1. A written apology;

2. Proposals for reasonable compensation;


3. An undertaking to change your policy in respect of breastfeeding, so that mothers are not challenged when breastfeeding in your stores.

Please note that this letter is an informal attempt to resolve the matter myself. If you ignore this letter, or reject my proposals then I propose to instruct [ xxx Solicitors] to act on my behalf.

Yours sincerely








My Address:

stud26

Thanks for your help so far, so how about this:

I am writing to challenge your company’s policy relating towards breastfeeding and appeal the PCN issued to me for this act. The details of my appeal should have been passed on to you by NCP. If you haven’t received them then my appeal is as follows:

Events Giving Rise to my Appeal

On [Date] I returned to my car at the NCP car park in question. While I was getting her in the car, my 4 month old baby started crying. I breastfed my baby in the car until she was full up and then left the car park in my car.

I was disgusted to receive a PCN for this incident and then for my subsequent appeal to be rejected.

The reasons I believe NCP are at fault

Section 11 of the Equality Act 2010 provides that sex is a protected characteristic.

Section 13 of the Equality Act 2010 provides:

‘(1) A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.’
and
‘(6) If the protected characteristic is sex-
(a)less favourable treatment of a woman includes less favourable treatment of her because she is breast-feeding;’

Section 17 of the Equality Act 2010 provides:

'(3)A person (A) discriminates against a woman if, in the period of 26 weeks beginning with the day on which she gives birth, A treats her unfavourably because she has given birth.

(4)The reference in subsection (3) to treating a woman unfavourably because she has given birth includes, in particular, a reference to treating her unfavourably because she is breast-feeding.'

Issuing a PCN and further rejecting my appeal because I was breastfeeding, NCP have directly discriminated against me.

Section 19 of the Equality Act 2010 states this section note This sectionnoteType=Explanatory Notes has no associated

(1)A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's.

(2)For the purposes of subsection (1), a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B's if-

(a)A applies, or would apply, it to persons with whom B does not share the characteristic,

(b)it puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared with persons with whom B does not share it,

(c)it puts, or would put, B at that disadvantage, and

(d)A cannot show it to be a proportionate means of achieving a legitimate aim.

NCP have a Provision, Criterion or Practice (PCP) which is not to allow women to breastfeed on your premises. In applying this PCP I was issued with a PCN and was therefore disadvantaged by NCP’s discriminatory policy.

Section 26 of the Equality Act 2010 provides: E+W+S
'This sectionnoteType=Explanatory Notes has no associated
(1)A person (A) harasses another (B) if-

(a)A engages in unwanted conduct related to a relevant protected characteristic, and

(b)the conduct has the purpose or effect of-
(i)violating B's dignity, or
(ii)creating an intimidating, hostile, degrading, humiliating or offensive environment for B.'

Pursuant to section 26 (1) of the Equality Act 2010 NCP issued me with a PCN for breastfeeding which violated my dignity.

Section 109 of the Equality Act 2010 provides:
This sectionnoteType=Explanatory Notes has no associated

'(1) Anything done by a person (A) in the course of A's employment must be treated as also done by the employer.'

NCP have discriminated against me by issuing me with a PCN because I was breastfeeding.

Disclosure

Please provide me with the following materials.

Details of your policy regarding breastfeeding.

A list of any complaints made by customers for discrimination on grounds of sex.

If these do not exist, please tell me.


Resolution of my Complaint

Under the Equality Act 2010 and my protected characteristics, you should not have received my personal data from NCP with reference to this matter.

You must therefore cease processing this case, should you continue to do so then I’ll refer this to the Information Commision for a breach of the Data Protection Act 2018.

Regards

stud26

So we responded, they received the letter after the deadline and we've now received a claim form letter from the county court.

We still dispute this of course. Are there any tips on what to write in the defence box and should I make a counterclaim?

KeithP

stud26 wrote: »

Are there any tips on what to write in the defence box...?

Yes, there certainly are.

You should write absolutely nothing in the Defence box.

This, and much more information on how to proceed from this point, is fully explained in post #2 of the NEWBIES FAQ sticky thread.

The first thing you need to do is the Acknowledgement of Service to get an extra fourteen days to compile your Defence.

What is the Date of Issue of your Claim Form?

stud26

I've now received two Claim Forms. Issue Date: 10/08/18. Today I've followed the steps for the Acknowledgement of Service for both so we've got more time now. The circumstances for both arising are exactly the same.

Now I need to build the defence and would appreciate your help.

Here's what I have so far:

The defendant asserts that she is not liable to the Claimant for the sum claimed, or any amount at all, for the following reasons:

1. The defendant was unable to leave the car park by the required time as she was breastfeeding her four-month-old daughter in the safety of her vehicle. The defendant’s appeal to the claimant stating this reason was rejected.

2. The defendant has been discriminated against under the Equality Act 2010:

Section 11 of the Equality Act 2010 provides that sex is a protected characteristic.
Section 13 of the Equality Act 2010 provides:
‘(1) A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.’
and
‘(6) If the protected characteristic is sex-
(a)less favourable treatment of a woman includes less favourable treatment of her because she is breast-feeding;’

Section 17 of the Equality Act 2010 provides:
'(3)A person (A) discriminates against a woman if, in the period of 26 weeks beginning with the day on which she gives birth, A treats her unfavourably because she has given birth.

(4)The reference in subsection (3) to treating a woman unfavourably because she has given birth includes, in particular, a reference to treating her unfavourably because she is breast-feeding.'

Section 19 of the Equality Act 2010 states this section note This sectionnoteType=Explanatory Notes has no associated

(1)A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's.

(2)For the purposes of subsection (1), a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B's if-

(a)A applies, or would apply, it to persons with whom B does not share the characteristic,

(b)it puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared with persons with whom B does not share it,

(c)it puts, or would put, B at that disadvantage, and

(d)A cannot show it to be a proportionate means of achieving a legitimate aim.

Section 26 of the Equality Act 2010 provides: E+W+S
'This sectionnoteType=Explanatory Notes has no associated
(1)A person (A) harasses another (B) if-

(a)A engages in unwanted conduct related to a relevant protected characteristic, and

(b)the conduct has the purpose or effect of-
(i)violating B's dignity, or
(ii)creating an intimidating, hostile, degrading, humiliating or offensive environment for B.'

3. Despite being discriminated against, the defendant’s personal data was later passed on to third-parties in an attempt to recover the debt. This was in breach of the Data Protection Act 2018.

4. Having responded to one of the third parties, explaining the circumstances of the case and breach of the Equality Act 2010 and Data Protection Act 2018, the defendant continued to receive correspondence from them and they pursued with the case to its current state.

Anything else to make this stronger would be greatly appreciated.

stud26

Any help with the above would be greatly appreciated, I don't want this thread to lose traction and slip off the radar at this crucial time.

KeithP

With a Claim Issue Date of 10th August, and the AoS having been done in a timely manner, you have until 4pm on Wednesday 12th September 2018 to file your Defence.

So still four weeks - no need to panic yet.


When you are happy with the content, the Defence should be filed via email as described here:

1) Print the Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not, you son should chase the CCBC until it is.
7) Wait for the Directions Questionnaire and come back here.

stud26

Thanks @KeithP, not panicking, just want it out of my life (and yours)!

Any feedback on the defence itself?

Coupon-mad

Your defence should absolutely NOT turn only on the Equality Act!

If a Judge decides you were not discriminated against (because the limited maternity provision is IMHO mainly aimed at employment situations, and is nothing like as strong as the 'reasonable adjustments' that must be made for disabled people) you will have no safety net at all, even if the signs are dodgy or they have no landowner authority.

You need to read post #2 of the NEWBIES thread and the example defences and add in the usual points you read all the time here in hundreds of winning defences, about:

- unclear signs not seen, and inadequate notice in large letters, prominently telling you that you will be penalised to the tune of £100 for staying longer

- no landowner authority as the operator does not own the land

- the Claimant has added on costs that it cannot claim and were not agreed

You should also add that two claims have been issued for duplicate matters that essentially turn on exactly the same facts.

And ask at the end that the court does order that both claims be listed for a single hearing and to merge the claims so as to minimise costs and court time as well as time and distress to the Claimant, who would otherwise have to produce two matching sets of witness statements and evidence and attend two court dates, which offends against the doctrine of res judicata.

Justice13075

This is to do with a Motorbike which my son had hired. My son received a letter in November 2015 from Premier Parking solutions regarding a Parking Charge Notice. We appealed that notice and it went to the appeals manager who rejected the appeal in Jan 2016. We didn't receive notice of this rejection so forgot all about it.
We have now had a letter from BW legal asking for £220. I thought that if an appeal was rejected they gave you some ref so you could take it further POPLA or another organization we got nothing. Also, it is my understanding that when you hire a bike the bike is still registered to the hire company so they must have given PPS my son's address is that legal. Is there anywhere else to go now with this?. By the way, the bike and sign are in the same photo10 feet apart.