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    • No I haven't paid anything, even when they have said I am in arrears, I have managed to get them t back off - not sure how, but obviously not earning above the threshold and making various complaints about them...something obviously worked for a while.    So any advice as to what I can do now? 
    • dx, As requested:   Queries are made in red. Date of Statement: xx December 2019 Claim Number: XXXXXX Between: UK CAR Park Management Limited and XXXXXXX   1.    It is admitted that Defendant is the recorded keeper of XXXX XXX.   2.    It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. How do I check who the landowner is?   3.    If there was a contract, it is denied that the parking charge is incorporated into the contract. As per Thornton v Shoe Lane Parking [1971] 2 QB 163, the relevant term must be made known before a contract was formed. Here, the charge was not incorporated into the contract because [explain] – I assumed this means no contract was agreed?   4.    The amount is a penalty, and the penalty rule is still engaged, so can be clearly distinguished from ParkingEye v Beavis which the Judges held was 'entirely different' from most ordinary economic contract disputes for the following reasons:-   a)    The Claimant has no commercial justification b)    The Claimant did not follow the BPA Code of Practice, allowing a MINIMUM grace period of 10 minutes. c)    The Claimant is not the landowner and suffers no loss whatsoever as a result of a vehicle parking at the location in question d)    The amount claimed is a charge and evidently disproportionate to any loss suffered by the Claimant and is therefore unconscionable. e)    The Court of Appeal for the Beavis case made a clear reference to the fact that their decision was NOT relevant to pay-per-hour type car parks.   5.    A parking ticket was purchased. However, after much difficulty. The Defendant made several attempts to initially pay for parking via telephone and the indicated telephone-based application, which were both declined by the claimant’s system of payment. The Defendant was attending a Drug and Alcohol (D&A) test based on the conditions of a new employer. The delay in obtaining a parking ticket caused significant delay. The Defendant was late to the appointment and was not permitted to leave the test until indicated by the examiner. Options made available to extend parking durations remotely did not function. Please refer to Attachment 1 – an email of complaint sent on the said day of apparent contravention (12th March 2018). My own wording. Is this ok?   6.    The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.  
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totally_pennyless

Potential discrimination claim against the DWP/Jobcentre

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Hi all,

 

I am considering starting an action against the DWP/Jobcentre in a County Court.

 

A brief synopsis is as follows:

 

I claim Employment and Support Allowance (ESA) and am in the Work-Related Activity Group (WRAG). I am required to take part in a "work-related interview" every six months.

 

At my last "interview" my work coach offered to conduct the "work-related interview" over the phone instead of in person. However, when I asked the Jobcentre staff to fulfil this offer recently they simply refused. I asked for the Jobcentre to make a reasonable adjustment in this respect due to the fact that I suffer from various health problems and getting to the Jobcentre is unreasonably difficult for me. This was denied.

 

Is this a matter for a County Court that needs to be issued against the DWP or is it a Employment Tribunal matter because the Jobcentre could be described as an "employment service" for the purposes of the Equality Act 2010:

 

http://www.legislation.gov.uk/ukpga/2010/15/section/56

 

If this does go to a County Court what are the chances I will have to pay the other side's legal costs? I suspect the DWP/Jobcentre will aggressively defend this.

 

Many thanks in advance.

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Thread moved to the appropriate forum..please continue to post here.

 

Regards

 

Andy


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Equality Act!

 

You'd need to find somebody competent legally to initiate the complaint using the correct laws and arguments.

 

You should also be able to challenge any action if you think it's unfair or will cause you harm and ask a DWp Decision Maker to rule on the action.

 

Have a look at this on Rightsnet http://www.rightsnet.org.uk/forums/viewthread/10010/

 

The suggestion of contacting MIND for assistance or a charity more related to your health condition/s would be advisable.

 

Searching that forum should reveal other approaches like complaint v's the person refusing and how to challenge, as bringing a legal case will take time years in fact.

 

Although if you sound like you know what you're arguing and stick to the point you will probably get them to back down by threat of an Equality Act action alone.

 

I'm just ill so can't help or advise any more than that!

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Thanks.

 

The link you posted seems to suggest it is an Employment Tribunal matter though that's not clear.

 

I have approached a "no win no fee" firm and they seem happy to take the case forward. I'm just a bit concerned about costs if I lose. It seems it is likely to head down the small claims track though.

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