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** discontinued ** BW Legal harassing a disabled person and making them ill

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  • ** discontinued ** BW Legal harassing a disabled person and making them ill

    Hi

    BW Legal have made a claim against my partner. The hearing is in April. She has yet to file a statement.

    She parked in a private permit holder only (no ticket machine) car park next to where she works for a period of what could not have been more than 15 minutes maybe less.

    She has written to them and explained to them the following:

    She was parked there because she has a disability. Her disability is that she has previously suffered with bowl cancer and as a consequence only has 40% of her bowl left. What this means is that when she needs to go the time between her body telling her she needs to go and evacuation can be just a few seconds if any time at all. For this reason we both have blacked out window at the back of our vehicles so that if things go bad whilst driving she can find somewhere to pull in and clean herself up in the back of the car without the shame of coming into contact with random public.

    The claim is for many years ago and she cant be sure if this was a back of the car or dash to the toilet just inside her work building situation.

    Add to this her diagnosis of Post Traumatic Stress Disorder linked to her cancer and fecal incontinence. This diagnosis came from the trauma of messing up her cancer surgery so badly she contracted another infection that nearly killed her and 3 months later she left hospital with a new set of mental health diagnoses.

    This is the reason i have to write this for her. Having to retell her story to anyone that isn't one of 5 close family members triggers PTSD flashbacks. The incontinence is linked to the PTSD and explaining this to people also triggers flash back.

    These conditions are confirmed in a doctors letter.

    Whilst i have done plenty of research and believe there may be a 'forbidding signs argument' i do not know anything about disability law or harassment.

    Despite requesting that BW Legal stop harassing my partner and explaining to them that their repeated communications have actually resulted in such anxiety that my partner has had to return to the doctor to increase her meds, they have not withdrawn the application. Instead they have actually challenged my partner's disability and questioned whether she is really as disabled as she says she is (though not in those words).

    If this were one ticket she would just pay it to avoid the stress. However she is worried that there may be many more in the pipeline and that BW Legal are using this to test the water and pave the way for more as this is a regular issue. Whenever she has explained to local councils why she had to park on a single yellow line they have instantly cancelled her ticket. She is now terrified of the potential humiliation of being cross examined and is becoming increasingly unwell. So much so that she is considering taking out a loan and getting into 5 years of financial hardship just to make it all stop and avoid having to go to court.

    Any advice would be greatly welcomed. Thank you in advance.
    Tags: None

  • #2
    What a nightmare!

    Presumably you have not kept any of the original parking tickets, so you need to write to BW requesting copies of all documentation they intend to rely on in court.
    Also respond to the court acknowledging the claim but filing defence later.

    Tagging ostell for more detailed advice as this isn't my scene

    Also tagging Amethyst as there might be a breach of the Equality Act 2010 by BW and she'll know the best way forward (or someone who does!)

    Comment


    • #3
      Hi & welcome

      Could you post up pics of any windsceen notice & postal notices (Front & rear, redact personal info but leave dates/times visible.)

      & pics of any site sign(s), please.
      Posted on a previous thread.

      des8 for info
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Thanks for your responses. Just to provide a conclusion i did help my partner to write a detailed defence that managed to highlight how the NTK had not been PoFA compliant as well as a number of other arguments. Alongside this a detailed account of her disability and her correspondence to BW Legal detailing their harassment given that they had no cause for action was submitted as evidence. We then clarified her intention to request costs of £640 for unreasonable behaviour and seek compensation for harassment. The following day a notice of discontinuance was submitted and they withdrew the claim.

        Comment


        • #5
          Aaah, God love'em! (BWL)

          One day they'll get it right, I guess!

          Amethyst
          (for info)

          Also https://legalbeagles.info/forums/for...ing-advice-pls

          (I think!)
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            As a separate matter. Where should i post a request for advice in responding to a letter before claim from Gladstones. It's for overstaying at a service station. I still have 20 days to respond.

            Comment


            • #7
              Well done, and don't throw that notice of discontinuance away

              for a new thread you are in the right section already.
              click on "forums" in top too; bar, choose section and start new thread

              Comment


              • #8
                Originally posted by SWBOB View Post
                As a separate matter. Where should i post a request for advice in responding to a letter before claim from Gladstones. It's for overstaying at a service station. I still have 20 days to respond.
                Is it a Pre-Action Protocol letter?
                (A pack with a returnable form, income & expenditure sheet, etc.)

                As des8 says, probably best to start a new thread.
                Could you post up pics of the letter, the windscreen ticket (if issued),the postal notice to keeper (all suitably redacted) & pics of site signs on your new thread
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Originally posted by charitynjw View Post

                  Posted on a previous thread.

                  des8 for info
                  I am so happy for you SWBOB, good on you!

                  I am having a similar issue and have told them many times about them triggering my condition as I have M.S and they repeatedly ignored me. I ended up relapsing and was just out of hospital this weekend and got the court claim letter. I wouldn't even know how much I am supposed to claim from them or what to base it on exactly? My husbands loss of earnings whilst I was at hospital? :S

                  I was considering counter-claiming too but didn't think I had a shot, or frankly, the energy but they have caused me significant distress and have known the entire time. I had already sent them out a detailed rebuttal after reading this forum to which their response was a nonsense one-liner. I don't even know where to start on this form or defence to be honest and am really struggling and am still in recovery! Any help would be greatly appreciated.

                  Comment

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