Civil Enforcement Defence (Partner with type 1 diabetes)

Hoggyy210

nosferatu1001 said:

Its proven, as ever, by witness statements
I imagine its captured on the pubs cctv, that the landlord or whichever staff member was there could say as well
Also it shouldbe on an incident log. Bet it isnt....

Type 1 diabetics go through hypoglycaemia very regularly, it is not something that would be put in an incident log unless she lost consciousness. Every diabetic has different symptoms during a hypo, my partner goes very light headed and her muscles go limp making it incredibly difficult for her to function. If she had to log everytime she has a hypo it would just cause unnecessary stress for her and become very tedious 

nosferatu1001

The pubs incident log. Theyre supposed to record incidents. 
I didnt say HER log.
As I said, prove it thorugh witness statements and medical evidence showing this is likely. the claimant cannot disprove. Easy as pie frustration of contract. 

Hoggyy210

nosferatu1001 said:

The pubs incident log. Theyre supposed to record incidents. 
I didnt say HER log.
As I said, prove it thorugh witness statements and medical evidence showing this is likely. the claimant cannot disprove. Easy as pie frustration of contract. 

Sorry I misread that! This is perfect, we can do this very easily:)
So I won't be able to provide proof in my defence, only give the facts as to why I was there but if/when I get to the WS stage I can then provide medical evidence 

nosferatu1001

Your defence has NO proof in it, ever
The NEWBIES thread makes this very clear - your defence is the arguments, yours and your partner WITNESS STATEMENTS are *evidence* in and of themselves, and obviously medical evidence is also evidence. 
WS are evidence, even though most people dont think they are
But you must advance that argument of frustration and medical necessity. 

Hoggyy210

Using Coupon-Mad's template i have kept #16 the same but admitting to being the driver. 
This is my first attempt of #17 i have given it my best shot but i am so unsure as to whether or not i'm talking crap. Please pick away and make any corrections/recommendations. should i add in anywhere about frustration of contract?

17.     The defendant was unaware of the 20-minute maximum stay due to the poor signage at the time and did not intend to overstay the maximum by a mere 2 minutes whilst picking up a patron of the facility. This was unavoidable under mitigating circumstances. The patron in question suffered a hypoglycemic attack due to her type 1 diabetes whilst inside the facility and was unable to vacate in time. The 2 minutes overstayed was a medical necessity, Under the 2010 Equality Act, type 1 diabetes is defined as a disability, therefore an argument against this discriminates against the disabled.

Hoggyy210

All feedback appreciated:) 

Le_Kirk

You might just want to explain that under the Equality act 2010, more time should be given and in that case the 2 minutes would not be an issue, although you could save that for the witness statement.

Hoggyy210

this is #17 updated

17.     The defendant was unaware of the 20-minute maximum stay due to the poor signage at the time and did not intend to overstay the maximum by a mere 2 minutes whilst picking up a patron of the facility. This was unavoidable under mitigating circumstances. The patron in question suffered a hypoglycaemic attack due to her type 1 diabetes whilst inside the facility and was unable to vacate in time. Recovery time for hypoglycaemia varies on the severity but can be expected to take up to 20 minutes, which is the same amount of time as the maximum stay, this does not include the time it takes to walk to the car and exit the grounds. The 2 minutes overstayed was a medical necessity. Under the 2010 Equality Act, a person has a disability if a person has a physical or mental impairment, and the impairment has a substantial adverse effect on the person’s ability to carry out normal day-to-day activities. Type 1 diabetes is defined as a disability. The Equality act 2010 also states that a person discriminates against a disabled person if they are treated unfavourably because of something arising in consequence of their disability.

Hoggyy210

would you guys recommend using coupon-mad's template as is (obviously changing the red text as instructed) or should i be altering each of the points?

KeithP

Hoggyy210 said:

would you guys recommend using coupon-mad's template as is (obviously changing the red text as instructed) or should i be altering each of the points?

Use CM's template.

But I have already said that on 8 March at 5:30PM on your other thread.