Withheld evidence

[disaster]

I need to write my witness statement for a hearing.
As the events were upsetting a traumatic, part of it is a complete blank.
I have submitted several SARs to the company and their legal representative for the CCTV of the incident (to help fill in the blanks, prompt memory, be truthful) and everything else.
It has not been provided. (nor other 'paperwork')
Other footage has been deleted by the defendant (a big company) after assurances it was all being kept until after the conclusion of a court case (hours after the incident).
I needed all the paperwork for a summary bundle - not provided.
Names of the perpetrators/witness - not provided
I have written to the court to say the evidence has not been provided / destroyed - no reply

I am hoping the refusing of evidence and destruction will help me, however will it?
I have a hearing over the phone.
Have a missed a way for them to be forced to provide the cctv, internal investigations etc?

Many companies will not hand over everything with an SAR, is there a place to report them to?

Thank you

[echat11]

Hi Disaster

The ICO has a online chat facility, that should give you relevant information on the company's data protection duty to provide data.

[jaguarsuk]

What kind of claim is this? e.g. County Court, Employment Tribunal.

[disaster]

ICO?
County court, multi track I think, civil case

[echat11]

ICO?
County court, multi track I think, civil case

Information Commissioners Office.

[jaguarsuk]

You will need to file an application to seek an order pursuant to the Data Protection Act 2018 SCH 2 Pt 1 5 (3)(a) stating that it is require to form evidence in the claim.

Use form N244 and pay the fee of £275.

You should also report them to the Information Commissioners Office.

[disaster]

Hearing this morning which has been adjourned for me to put my case forward in person. (I was thrown out of a shop for being mask exempt however they would not accept the word 'exempt', 4 members of staff to one person with hidden disabilities)

Its gone/going to multi track no idea why I have to 'put my case forward'.
Particulars of claim put in.
They threw me out for not accepting the word 'exempt' which I understand they should
As disabilities hidden presuming them are claiming I have none (I do, 2 legal firms willing to take the case but ran out of recourses for all the 100's of cases that flooded legal firms last year!)

ok n244
so I put in "seek an order pursuant to the Data Protection Act 2018 SCH 2 Pt 1 5 (3)(a) stating that it is require to form evidence in the claim"
(I am trying to be accurate as I get so much wrong, partially due to disabilities!!) Of course if anyone knows of anyone taking such cases no win no fee....
... or if there is insurance I can take out to protect myself feel free....

Evidence ...do I copy quotes from correspondence that they have it, not provided it, destroyed it?

Do I want a hearing? Guessing it should not be needed?
time, level of judge ??

Thank you

[jaguarsuk]

Hearing this morning which has been adjourned for me to put my case forward in person. (I was thrown out of a shop for being mask exempt however they would not accept the word 'exempt', 4 members of staff to one person with hidden disabilities)

Its gone/going to multi track no idea why I have to 'put my case forward'.
Particulars of claim put in.
They threw me out for not accepting the word 'exempt' which I understand they should
As disabilities hidden presuming them are claiming I have none (I do, 2 legal firms willing to take the case but ran out of recourses for all the 100's of cases that flooded legal firms last year!)

ok n244
so I put in "seek an order pursuant to the Data Protection Act 2018 SCH 2 Pt 1 5 (3)(a) stating that it is require to form evidence in the claim"
(I am trying to be accurate as I get so much wrong, partially due to disabilities!!) Of course if anyone knows of anyone taking such cases no win no fee....
... or if there is insurance I can take out to protect myself feel free....

Evidence ...do I copy quotes from correspondence that they have it, not provided it, destroyed it?

Do I want a hearing? Guessing it should not be needed?
time, level of judge ??

Thank you

Do you have home or car insurance? If so check if it has legal assistance and then you may be able to get a solicitor using that.

Yes to the wording.

Yes to the evidence.

No Hearing

District Judge

It's likely gone to multi track to the nature of the claim, being a disabilities discrimination claim.

[disaster]

Thankyou

Home insurance have said no to every case, I have several going, last year was not a good year for people trying to use services without restricting our breathing! They have exclusions for everything :-(

The ones I am not claiming for more than the standard £9000 I have tried to keep in small claims but have been out voted
This one ganged up on by many, assaulted and threatened with the police :-(

...and the insurance FREE legal help, are not able to help once it is a case.

The support though the courts were not able to help, just signposted me to dead ends

The actual courts are supposed to help with disabilities however that is proving difficult. I have written more than once requesting a decent time between paperwork needing to be in AND hearings and so on, so far ignored.

I was sent a set of directions, they arrived THREE DAYS after a deadline for some paperwork.

Another case I wanted a transcript of the hearing, it took the court FIVE months to send it to the transcribing service!

Its more than a bloody mountain to climb and I am afraid it will break me, and this is ON TOP of endure the pain and suffering of my disabilities nearly 24 hours a day, and being a single parent.
tis not good, hence any guidance appreciated

THANK YOU

[disaster]

.... I was in a car accident and THANKFULLY a company is helping, they were able to take out insurance to cover if I lost the claim, that is what I am looking for as I cant find any legal help. Help with the other sides fees if I loose.
My disabilities genuine, as I say 2 companies happy to take the case before inundated, but having been up against a barrister and the judges being on the side of big companies - beyond scary, frightening etc

[disaster]

... hearing was rescheduled

I have written in the directions the dates I cannot do
I have written to the court several times the dates I cannot do

They have put the rescheduled hearing on a date I cannot do!

Is there a form to complete or a just another letter to be ignored?
How is a litigant in person to be taken seriously?

[jaguarsuk]

Write a letter to or phone the court.

[disaster]

2 letters and one phone call, ignored :-(

[jaguarsuk]

2 letters and one phone call, ignored :-(

You're going to have to call them and ask for it to be moved.