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Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
I would assume the recordings can not be disputed and it is obvious who the individual is and what they are saying and who they represent please?
I also assume the area is a public place in any event?
Hi Alex glad to hear you will help on this, he answers the phone with his full name, it is a public place we were stood leaning at the bar.
The Pub was closed at the time it was the day after we had stopped trading.
It is NOT a breach of Human Rights.
This is because Human Rights can only be against a Government Department.
You and the Company are not Government Departments, so no it is NOT against Human Rights.
This means if the matter went to Court it would be up to a trial Judge to decide whether or not the CCTV would be excluded as evidence.
As it is a matter of fact, ie you are adducing the evidence of the truth, my view in that a civil trial the CCTV would be permitted as evidence.
Therefore I am of the view your recordings would hold up in Court.
If the personal data is about you, then you can admit is as evidence and use it as proceedings.
You should carry on in my view.
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do i reply to there last letter where they say i have "Quote From the Pub Company" We have had legal advice for your attempt to entrap Mr ******* without Knowledge" and it has been breach of human rights and Privacy.
or just hold fire now and see if they want to take court action and hold all my findings till hearing?
You can if you want but I would not bother.
It is NOT a breach of Human Rights for the reasons explains.
I would wait until any hearing and they can object then to the evidence and try and exclude it.
Can I clarify anything about this for you today please?
they will probably try to still pursue me still for the 28k, for a delap report and we dont make payment not that we can pay it they take court action
They can try and take Court action but then you could defend and counter claim against them,
You have been very helpful, just few more things to ask if possible. they sent the departure statement which had the 28k on it and they asked for response in 14 days which we did saying we disagree with it, there letter will probably be the same asking 14 days to make payment etc... do we just ignore this letter?and so on... or respond saying we still disagree? when you say counter claim, would this be on how we have been treated?things that he said?
is it data protection when discussing my details with third party?
or company law?
It is a matter for you, if you disagree then you need to set out your position in writing.
The Data Protection Act would only apply if discussing personal details of the other person, rather than with a Company.
Does this help?
Got to be honest am not fully clear with the human rights thing you say its only in Government repo, i have just found this which i think they refer to,
The right to a fair trial and no punishment without law - you are innocent until proven guilty. If accused of a crime, you have the right to hear the evidence against you, in a court of law.
they meaning pub company
Just want to be fully clear on this if we are taking it to the end.
Human Rights does NOT apply to the Company or to you.
which we are happy to as we feel in breach
It only applies to a Public body which you and they are not.
They are a company and Human Rights does NOT apply.
"he Act applies to all public authorities (such as central government departments, local authorities and NHS Trusts) and other bodies performing public functions (such as private companies operating prisons). These organisations must comply with the Act – and your human rights – when providing you with a service or making decisions that have a decisive impact upon your rights."
It does, thank you.
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Can I just ask (sorry), as the cameras were set up on the day I had a meeting with the regional manager, as they always are, and I have informed them of the conversation that was had, the day after we ceased trading, I have been accused of entrapment. Am I right in saying that you can only accuse a law enforcement body of entrapment? or can it be used on a personal basis? What rights have I breached if I have his voice on a recording?
Its not entrapment - that is only used for criminal proceedings.
You have not breached ANY rights.
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Thank you for the help on this matter, just to confirm then.
Do they send me a court letter or is it a county court judgment against me?
Do I then reply against the court judgment? With counter claim?
Do bailiffs turn up at my home address before court action looking for funds?
My last question before I leave you feedback.
Have you had dealings with pub companies in a legal matter?
Thank you for all the help.
You would receive a County Court claim form, which you can defend and counter claim.
The bailiffs can NOT turn up at home before any Court action has taken place.
I have dealt with all sorts of matters, some companies are more reasonable than others
i no you don't have the full details but do you think based on what you have i have a case?
this is all new to us and bit worried of the outcome, but really nothing to lose....
I think you have a reasonable case yes.
But do not be worry about the outcome as you say you have nothing to lose and I think they are just trying to be bullies.
I agree there is a lot of people in the same boat with the pub companies, oh well here goes!!
Excellent service thank you.
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