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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49821
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I wrongly parked in a persons car parking space and she responded

Customer Question

I wrongly parked in a persons car parking space and she responded by writing a long email of complaint to my employers defaming me personally, stating to my company that I have a terrible reputation for my conduct on her complex as such this reflects badly on my organisation that they entertain employing such an anti social and inconsiderate individual.
Within the mail she also states that I am rude, obnoxious and abusive and claiming that I am also arrogant. I have never spoken to this person, ever
I feel that she has defamed me and I want to proceed with making a claim against her. I am very very upset, I feel sick and tearful and cannot concentrate. This could have an impact on any future career progression within my company, I am so frustrated as I have never met this person. Can you please advise what I should do next please ?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Has the employer actually done anything about it yet?
Customer: replied 2 years ago.
The person initially complained as I had parked in her space, my manager spoke to me and I assured her that I wouldn't do it again. My manager then phoned and spoke to the complainant who was happy with outcome, after which she sent same email 10 times to my company, stating all of the defamatory comments
Expert:  Ben Jones replied 2 years ago.
Does this person have any connection to your employer, is she employed by them or is she just a member of the public?
Customer: replied 2 years ago.
Member of the public - it's because I have a company car -she reported me by contacting help line written on car
Expert:  Ben Jones replied 2 years ago.
Whilst this may appear to be a potential case of defamation (this includes libel if it is in written form, or slander if it is in oral form), such claims are extremely difficult to pursue. Many people are intent on suing for defamation without having any appreciation of the law behind them, so I will try and clear things up for you now. First of all, certain conditions must be met for the statement to be classified as defamatory. These are: 1. The statement has to be untrue.2. It must directly identify the complainant.3. It must have been published, usually communicated to at least another person.4. It must be in a form of words, which would tend to lower the claimant in the estimation of ‘right thinking members of society generally', expose the claimant to hatred, contempt or ridicule, or cause the claimant to be shunned or avoided.5. Its publication has caused or is likely to cause serious harm to the reputation of the claimant. Whilst it may be easy to prove that defamation has occurred, the legal process of pursuing such a claim is extremely complex and expensive. As this goes through the High Court, you would need the professional help of specialist defamation solicitors and the costs are undoubtedly going to run into the thousands right at the outset. Also there is no legal aid available for such claims so the complainant must fund these personally. So when you hear about defamation claims being made, these are usually pursued by big corporations or celebrities who have a public image to protect. You must also consider whether the party alleged of making the defamatory statement can defend the claim. Even if you satisfy the criteria to prove the statement was defamatory it could be defended on a number of grounds, including by providing evidence that the statement was substantially true or an honest opinion. There is of course nothing stopping you from contacting the other party and threatening them that what they have done amounts to defamation and that you will consider pursuing the matter further if they do not retract their statement. This could prompt them to reconsider their position, but I would not recommend that you actually proceed with a claim for defamation due to the issues highlighted above. I would also try and deal with this directly with the employer by carefully explaining what happened (or hasn’t happened as the case may be) and hoping that they take your side of the story into consideration. If this person continues to contact you or the employer then you can threaten her with harassment, which can be reported to the police. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.