Asda / Vars Technology - Equality Act 2010 breach

Agitated101

Coupon-mad thanks for your positive reply, it's much appreciated. With regards to Vars owning their own debt collection agency, I read it online during my research so assumed this must be the same company. 

Are there any other points I could use to strengthen my case when it goes to court and do you think it's necessary to hire a solicitor? If so could I claim this cost back if I win?

ChirpyChicken

Who said it would go to court
No solicitor needed
Move on with your life. Inform them if you.move ..come back if you get a court claim

Gr1pr

2 things 

I wouldn't be repeating anecdotes online,  in a legal case,  unless it was gold plated,  you dont want repercussions,  so it has to be able to be proven,  with proof,  or it could cost you dearly , so dont rely on hearsay or Internet gossip,

I dont think that it matters who owns the debt collectors or legal companies,  it's VARS Technology versus yourself in any litigation,  like a court case   ( but could be conflict of interest if you can prove the link between them , 100%  )

You should be checking who actually owns the petrol station forecourt area,  no assumptions,  I doubt that it's Esso and possibly not Asda either,  dont rely on hearsay or Internet gossip,  you need 100% factual evidence in these cases as I said earlier 

You could be asked ( like I have done   ) why you didn't stop on a road, street or even on the Asda car park, for shoppers,  so think about it carefully before committing yourself 

I agree with most or all of the rest of your story and case, barring various caveats around my comments above and not being caught out on the fitness to drive etc aspects mentioned in previous comments,  especially because the dvla are currently reviewing certain medicines that may take away the right to drive ( I had to provide access to various medical notes and optician results before my driving licence renewal was granted,  which took 2 months instead of the week that it took my spouse  !   )

If you did get a solicitor or advocate then it's unlikely that you would get any costs back if you win in court 

Any small claims track cases usually allow costs of up to £95 plus petrol and parking,  at most

Agitated101

Gr1pr the Vars deb collection agency was more of side observation rather than a main point. It does not form the main basis of my argument. Esso categorically stated that "Asda manages every aspect of the site’s operation" so I assume this to be true, why would they make it up? How else could I find out who actually owns the forecourt, land registry search? In terms of why I parked there, the road was a dual carriageway, the petrol station was the first safe place to stop, it was an ESSO petrol station with a small Asda express and not a full store with large shopper parking. The prescribed meds are not on the reportable list of the dvla and my GP hasn't said not to drive. I was helping a friend on this occasion and don't normally drive longer distances atm. Driving makes everybody tired which is why rule 91 of the highway code exists

Gr1pr

Thats fine, as long as you don't use hearsay,  but actual facts  , syptuff gets made up daily in these cases we see

If VARS Technology are the parking company claimant,  tick

Currently the landowner or landlord is currently unknown,  despite what Esso inferred , so

https://forums.moneysavingexpert.com/discussion/6337652/how-to-find-details-of-landowner

Find out, don't assume,  dont believe Esso either, facts,  not hearsay,  but I bet MFG run it as a petrol station with added benefits,  as I said earlier, people make assumptions all the time when they don't actually know, I bet the staff at Esso fobbed you off with an assumption,  like we see daily in various cases on here,  especially customer service staff , including Asda staff , Petrol station staff etc , so no tick, yet

 I dont believe that you have actually complained to the landowner or landlord yet, so find out for sure and COMPLAIN,  plan A in the newbies sticky thread in announcements , no tick

The latter half of your reply is OK, because I made you consider those issues and your reply is actually your reply in any witness statement,  to counter any arguments by the claimant or their lawyers,  so your explanation above works  !  It's plausible now , tick

Currently I wouldn't mention Asda or any links between Parking companies, debt collectors,  legal firms, or the BPA or the IPC, stick to winning your case,  gather the actual facts,  your ammunition,  not BB pellets but proper magic bullets 

Good luck 

Agitated101

Hi Guys

I thought this company had seen sense and moved on as I hadn't heard from them for several months but alas not. I have just received the attached pre action letter.

I would appreciate some advice from the experts here on my next steps please?

For example, should I be consulting a solicitor at this stage?

Thanks in anticipation of your support.

Le_Kirk

You don't need a solicitor, just follow the guidance in the second post of the NEWBIE sticky - response to a letter of/before claim.

Gr1pr

Read post 2 carefully, in the newbies sticky thread in announcements near the top of the forum by coupon mad

Email the LoC response template to DCB Legal using their info@ email address

Then sit back and await a Money Claim N1SDT pack from the CNBC in Northampton using MCOL to arrive in the post in due course

Coupon-mad

Yes but please remove that post because (with the best will in the world) we don't have any time to look at our templates repeated on thread after thread as if they need checking! Nothing needs clarifying that is in the NEWBIES thread already.

Agitated101

@Coupon-mad I appreciate your reply but it feels like I'm being told off but I don't understand why? Remember that most people that post here looking for help have no idea about the legal procedures and are very stressed about these threatening letters so some polite consideration would be appreciated. All we want is to make sure that we follow the recommended procedures correctly.

Is it more effective to model the robust example letter or use the generic one or does it not matter?

Thanks