Advice re blue badge owner

[Deleted User]

In 12. above I couldn't figure out how to reference the different sections which are numbered differently. There are two paragraphs 19 and I didn't know how to reference the one under the heading damages.

This has taken me almost 5 hours to write, I will be claiming many, many hours under the litigant in person rate. I'm closing on 20 hours just for the WS. This is due to my cognitive dysfunction. I often forget what I'm writing midsentence or what I want to say and have to go back and check repeatedly. This takes a huge amount of time and a toll on my physical health due to the effects of cognitive effort on my ME/CFS in terms of fatigue and further exacerbation of other symptoms.

I'm just writing this here to clarify my thoughts before I include in my summary of costs.

Coupon-mad

That is a work of art and should really assist the Judge and you, at the hearing.  Well done!

Brilliant example of a skelly to support a defence and counterclaim.  So good, we can use it as a template example for others!

[Deleted User]

Hi again. I'm almost done with my WS, I just want to cover the DPA and the specific sections breached and why?

I understand that compensation is due under section 13, but why is this compensation due?

What offense has been committed and how might  the Claimant try to defend themselves from these allegations?

I've been googling for a while but I i'm feeling pretty rubbish today and i'm struggling.

Thanks

Jenni_D

Long thread ... are you doing a counterclaim?

Like with harassment, DPA/GDPR compensation claims don't have to prove a monetary loss ... but you do need to prove that the breach occurred and you have an entitlement to compensation.

Coupon-mad

Doesn't Vidal Hall v Google and the Blamires case, and Ferguson v British Gas show that compensation is due as damages for distress?

And the Vento Guidelines say compensation should start at £900 upwards so your counterclaim is modest as a damages claim.

You do have to spell out the effects of the distress (sleepless nights, praying on your mind, worry about bailiffs coming knocking, a series of aggressive demands, etc).

Oh, if you have the DRA and roboclaim solicitor pre-action demands still, copy them all and merge into one PDF exhibit called 'the harassing demands from various third parties'.

[Deleted User]

Coupon-mad said:

Doesn't Vidal Hall v Google and the Blamires case, and Ferguson v British Gas show that compensation is due as damages for distress?

And the Vento Guidelines say compensation should start at £900 upwards so your counterclaim is modest as a damages claim.

You do have to spell out the effects of the distress (sleepless nights, praying on your mind, worry about bailiffs coming knocking, a series of aggressive demands, etc).

Oh, if you have the DRA and roboclaim solicitor pre-action demands still, copy them all and merge into one PDF exhibit called 'the harassing demands from various third parties'.

Hi and thanks for your continued support @Coupon-mad. Yes you're right on the first two points, thanks

What is DRA?

I'm including all case transcripts of cases i've mentioned in my WS
and its made a document with 339 pages so far and there's a couple of case transcripts left to add. Is this the correct course of action?

I need to print off and bind 3 copies of this for the Court right? Judge, Defendant, Claimant? Cost of this is over £60! This is before I attach the (so far) 20 page Witness Statement and the history of communication to and from Claimant which is many more pages.

@ricky-balboa's entire WS is 30 pages for example.

I have the SAR from BW Legal which includes almost everything from the Claimant.

Is the above all correct? I'm very anxious about all this and would appreciate the help. I'm happy to follow what you think is best. 

Thanks.

Umkomaas

What is DRA?

Debt Recovery Agent. 

I'm including all case transcripts of cases i've mentioned in my WS
and its made a document with 339 pages so far and there's a couple of case transcripts left to add.

WOW 😳 

Jenni_D

Can't you file and serve it via email?

[Deleted User]

Jenni_D said:

Can't you file and serve it via email?

Hi again Jenni, and thanks for all your help lately. It's greatly appreciated.

Apparently not if its over a certain size. I'm at 75MB just for the exhibits, the Somerfield and Blamires at 2.5MB on their own and loads of pages.

Do you have an opinion on including all exhibits i'm relying upon in my WS? Like I said I'm happy to do it if wiser souls than I think I should.

Cheers

[Deleted User]

I'm correct that Supreme Court cases don't need transcripts?

This is why Beavis isn't included?

I'm using:
Hilary Term [2017] UKSC 4 On appeal from: [2014] EWCA Civ 1573

So I don't need to copy this transcript?

What about High Court cases?

Thank you!!