Me vs Big Supermarket (DDA Claim)

[Janet-M]

Just to let you all know, I have rejected outright the offer of settlement, for a number of reasons:- Good

 

1. They offered me a non-negotiable financial sum which was not a sufficient sum of money to compensate for injury to feelings, let alone the terms of the settlement agreement they wanted.

 

2. They required that I agree to total confidentiality relating to circumstances and settlement. If they want confidentiality then they should pay you for it .

I am not saying you should accept, as as you say publicising it and hopefully getting others to act within the law is worth more then any amount you can be paid.I personally would never agree to confidentiality .

 

3. They wanted me to agree not to bring another Claim again, the clause being worded in such a way that it would encompass further, seperate discrimination. They have no right to ask you to give up your legal rights in the future

 

I will be posting up full details of all correspondence, including particulars of claim, in the next few days.

 

I look forward to reading it

[Janet-M]

If no conditions and you are happy with the money then fine if not let a judge decide .

 

Do not EVER give up your legal right to make future claims .. with this or any claim .. do not EVER agree to confidentiality in any claim.

[Janet-M]

Sorry but you are wrong .. they can't bring a without prejudice letter into court without both sides agreeing ..they can bring a without prejudice save to costs into court ..

 

confidentiality IS a an unreasonable clause and one I for one would never agree to unless they paid me in a seperate agreement to keep quiet ..They want confidentiality then they pay for it.

 

2 mins n il get the relevant case law

[Janet-M]

GRRRRRRRRRRRR it tool me bl**dy ages to find that

[Janet-M]

please delete

Edited August 21, 2008 by Janet-M

[Janet-M]

Good question. seftonview, when's the hearing?

 

How long is a piece of string ?

 

I think OP has said that he has issued a claim and now it's going through the slow court process .

 

Seftonview I would be interested in attending court with you to see how this is argued if you don't mind ? .

 

I very recently had to stop taking my kid to swimming for the very reason that I couldn't park in a disabled space ..The people using the gym or the staff themselves parked in them .Any protests I voiced got ignored. Well besides the one occassion when they coned a space just for my use so it was shut her up and tough luck on anyone else who can't use them .

 

I am watching this thread with interest and considering my options

Edited August 24, 2008 by Janet-M

[Janet-M]

Originally Posted by legalpickle

Have you written them a nasty letter at least? Even before considering court proceedings, a letter must be sent to them telling them of their options.

was you talking to me or OP ?

 

I'm guessing me as OP has already said he's already started proceedings . I would of course write a letter first as I did say I was considering my options .. did you not read my post

 

If I do decide to start a claim I will start my own thread and would not want Seftonviews thread Hi-jacked by a comment I have made .( its already been hi-jacked to death )

I was only pointing out that by people not 'policing' these parking places does make things very difficult for disabled people to make use of the facilities .As in my sons case he had to stop swimming .

[Janet-M]

- nothing lost in doing so even if you don't decide to issue proceedings, at least you've had a jump start.

 

I have three children with special needs that I constantly have to fight for, almost weekly .. sometimes you just run out of fight and need time to recharge .

 

sorry again for Hi-jack I just wanted to explain that sometimes things are not as easy to do as it looks

[Janet-M]

Firstly

 

CONGRATULATIONS

:D :D

 

I for one am glad you started this thread and made people aware that they are able to claim because of this .. for that THANK YOU

 

as a long standing user of CAG I also feel the need to apologise to you for the way some people have been right the way through your thread .I can assure you that the majority of the users in CAG are not like this .

[Janet-M]

I hope you are not including me in that apology,

if you feel you was one of the people who was just plain nasty at times then yes .. if you think your posts have been helpful to the OP then no ..

 

I don't think it needs a genius to see the reasons behind your posts .. but of course my thoughts on your behaviour throughout this thread remain confidential

 

now go and bait someone else as I think you have failed to bait the OP and you will have even less chance of baiting me

 

oh did I say CONGRATULATIONS seftonview anything you may have got is IMO well deserved and may hopefully get retailers to start abiding by the law .. or at least a step in the right direction

[Janet-M]

can you give me and anyone else who might be interested a link to this law please.

 

You , no

 

anyone else who is interested would of done the same as me and actually done some research and found out for them selves

[Janet-M]

Girls and boys, don't make us take the toys away.

 

you might as well as my batteries have ran out

[Janet-M]

You have discounted anyone without a blue badge as disabled.

1 Meaning of “disability” and “disabled person”

 

(1) Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.

(2) In this Act “disabled person” means a person who has a disability.

 

broken leg doesn't seem to be counted under the DDA .. but you could always take it up with your MP if you think it should be included .. a blue badge is a long established acceptance of confirming someone is disabled as far as parking goes.

 

a grovel is not needed

[Janet-M]

.

 

snap

[Janet-M]

Semantics - but that's my middle name.

I thought it was Al

[Janet-M]

Sorry you have had bad news LP .. but I still wouldn't lower your usual excellent standards to the level of some others

[Janet-M]

Thanks for the link Freebird I was aware of it but just clicked on it again and noticed this

Asda was “extremely shocked and disappointed” with its results, but added: “You have to understand that we have to be quite gentle [with enforcement] because we don`t want to upset anybody.”

OMG