90 seconds part two

D_P_Dance

IANAL But, imo, a claim for disability discrimination has legs, although I have no idea what reasonable compensation would be.  Perhaps Age Concern or a similar charity could give yo a heads up.  Also, consider including the landowner in the claim, 

ellaro9

Im emailing the landowners agent who had the contract with VCS at the time, theyre saying VCS refused to reply after their initial comment that I must pay it. Theyve now asked for a copy of VCSs appeal refusal to me so they can see both sides!!!
Im trying to find it now.

ellaro9

Coupon-mad said:

I don't think you need a new SAR of you had one this year, unless you think there is something you haven't seen that VCS hold.

 interestingly the name of the claimant is 'Jake Burgess'.

Are you sure his name appears on the Claim form as 'Claimant'?  I don't think so, I think he's merely the name at the bottom who filed it.

I submit a counter claim with my defence?

I reckon you should, yes.

For just £60 in court fees (or free if you qualify for 'heolp with court fees' - Google, check and apply!) you can claim £900 for Equality Act breach and DPA breach and harassment under the PFHA.  Somewhere on here I posted a draft counterclaim for someone recently... £900 is a good sum because it sits at the bottom rung of the Vento guidelines for harassment of disabled people and yet isn't so high that a small claim Judge might be put off awarding it.

If I ask very nicely could you point me towards your draft for a counterclaim, Im often told I look with my eyes closed, am trying to find it.

Coupon-mad

I am working on a draft for you right now.

Fruitcake

You could include the landowner in the counterclaim since they were jointly liable for the actions of their agents/sub contractors at the time of the alleged event and up to the point where their contract with the scammers was terminated.
I do worry though that their help and attempts to get this cancelled may dry up if you do claim against them. Before you decide you could ask them for a copy of the parking contract. Having it up front will be of great value especially as it is likely that it will be unredacted.
In other words, squeeze them for every bit of help and information you can before you need to do the counterclaim.

You could warn them that your are going to make a counterclaim against VCS and therefore they will be called as a witness and need to supply witness statements to the court.

KeithP

ellaro9 said:

The date on the form is 1st December 2020, so I dont acknowlege it now, leave it until the 6th?

With a Claim Issue Date of 1st December, you have until Monday 21st December to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 4th January 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

ellaro9

Thank you KeithP, so I will acknowlege it on Monday 7th Dec as per RedX advice, then I have until January 4th 2021 to submit a defence and counter claim, many thanks.
Ive been busy this afternoon putting the full video together, thought the judge would enjoy it,
I enter the car park at 15:13 and leave at 15:18, so less than five minutes in total.
https://www.youtube.com/watch?v=BEbsULY1PGY&feature=youtu.be
Im interested in everyones thoughts......

KeithP

ellaro9 said:

Thank you KeithP, so I will acknowlege it on Monday 7th Dec as per RedX advice...

That's fine. Anytime between now and 21st December is fine.

Uptown_Boy

The agent's letter/email to VCS instructing them to cancel ... was that before or after the 2nd July 2020? If before, was it included in the SAR details that they sent you? If not then they omitted material data regarding yourself (reference to your name or vehicle reg is material personal data) so an ICO complaint may be in order.

ellaro9

A quick look at my emails says I got my first reply from FHP on 15th June and looks like all emails were prior to 2nd July 2020, am still waiting for their comments on Excels rejection letter, VCS ticketed me and Excel rejected.
They told me the got rid of VCS at which point VCS stopped replying to them, I know theyve gone as Ive been in that car park subsequently and 'BankPark' are managing it now.
I want to keep them on side as per Fruitcakes comments above, going to try and get what I can from them, hopefully a copy of the contract and confirmation they wanted VCS to stand down.
This was their last email to me...

"We are the managing agent and would deal with the contractor at the time, but they are of course instructed on behalf of the landlord of the property to provide a parking enforcement policy.

 Please send me the appeal rejection details so that I have both sides of the dispute please. There may however be little we can do about it given they no longer work for us/the client."