Help required if possible

I'm looking some help .
Long story short, I,m about to bring proceedings against a supermarket
with regards mask wearing,i believe i have them banged to rights (recordings etc)
The problem i now have is their solicitors are asking for proof of claim
regarding my disability (this is a genuine one) However i will have
no doctors records ,as i no longer use the NHS and have not done so for
a long time .
Does anyone have any links that may solve the problem as i have just spent
the last 4 hours researching with little joy. I do understand that my private
data is private ,but its the proof of claim thats the issue.
I dont want to proceed with the agravation and time involved unless and until
i can be sure of a way around this.

Does your disability extend beyond the last four years? If so, then surely as per the EU GDPR you can demand a copy of your medical record no matter how long you have stopped using the NHS (they will still have your records...) And, as such, it will show you disability.

No mate ,I last used the NHS about 10 years ago ,The disability is
shortage of breath & they would have no record of that anyway.

I think i may now have a solution : If i do a proper affidavit & get it
notarised , they must rebut it , which they cannot do. ( turned the tables
so to speak)

OK understood (sounds like a good idea!).

Perhaps you could also carry out the test here / keep the results as evidence?

https://www.blf.org.uk/support-for-you/breathlessness/blf-breath-test

does it have to be something provable?

EG if wearing a mask causes you anxiety, are you seriously expected to seek help for that anxiety (take the mask off & anxiety is gone)?

its just an idea.

Sure ,it has taken them since january to investigate & they have instructed
a law firm to fight it. Hopefully i can see them off with a notice to cease & desist
as talked about by Gumshoe sleuth & observation deck. The notice is ready
to go in the morning.

You do need to prove your claim and this is best done using an affidavit as this is a sworn statement of truth, this puts them on the back foot and switched the onus from you having to prove your claim, to them having to disprove your claim and simply having your exemption certificate on your phone or lanyard is sufficient.
You have declared your exemption and as the law currently states, they cannot even question you about it or challenge it.

You have the numerous po-lice cases as evidence.

Yes i agree assassin ,i believe most of their 6 pages are little more than BS
they seem to be making the main thrust of their arguement that i need to
prove my disability,and they are claiming i was aggressive ,i should be able
to counter that with my recording .( i could not get if off my phone so
its being recovered by a tech company)
I believe avidavit is the way to go with this one.

Says on gov website there's no requirement to provide proof of exemption so doesn't that mean they have no legal right to demand proof of claim?

Thanks mitch, do you have a link for that to save me a lot more searching ?

I think you will find it here,  under exemption cards

https://www.gov.uk/government/publications/face-coverings-when-to-wear-one-and-how-to-make-your-own/face-coverings-when-to-wear-one-and-how-to-make-your-own#exemptions

cheers

Thanks slacker,much appreaciated.

Exemption cards

If you have an age, health or disability reason for not wearing a face covering:

you do not routinely need to show any written evidence of this
you do not need show an exemption card

This means that you do not need to seek advice or request a letter from a medical professional about your reason for not wearing a face covering.

However, some people may feel more comfortable showing something that says they do not have to wear a face covering. This could be in the form of an exemption card, badge or even a home-made sign.

Carrying an exemption card or badge is a personal choice and is not required by law.

If you wish to use an exemption card or badge, you can download exemption card templates. You can then print these yourself or show them on a mobile device. Please note that the government is not able to provide physical exemption cards or badges.

If you use assistive technology (such as a screen reader) and need a version of these templates in a more accessible format, please email publiccorrespondence@cabinetoffice.gov.uk. Please say what format you need the template in and what assistive technology you use.

For exemptions in different parts of the UK please refer to the specific guidance for Northern Ireland, Scotland and Wales.

Keep all your receipts and add them to your costs.

While for Daveiron this is for general use by anyone in the same predicament, solicitors are trying to interfere, in law a solicitor cannot interfere in YOUR private matters and if a company has passed your details to a third party such as a solicitor, against your will, then they are committing an offence.

Here is the maxim:

culpa est immiscere se rai ad se non pertaini - which means "it is a fault for anyone to medle in a matter not pertaining to him".

In simple language the issue is between you and the person you have written to and it is your private business and you have not contracted with this third party solicitor, so it against your will and consent.

Follow this up with:

contractus ex turpi causa vel contra bonos mores nullum - which means "a contract founded on a wrongful consideration or against good morals is null".

Basically you are reinforcing the above and telling the solicitor to sod off and not to interfere in YOUR private business and that the solicitor cannot assume because their client has appointed them, that you have consented (agreed) to this.

You could (if required) follow this up with:

benefictuim invito non dalur - which means "a privelege or benefit is not granted against a persons will".
Trying to get you to contract with them (solicitors) is against your will and against the law.

Now, I would construct a letter to them and state clearly that you do not wish to contract with them and they have an opportunity to withdraw and state if any further correspondence is received from them, it will clearly be against your will and this means they would be trespassing on your private affairs.
No further correspondence will be entered into and the only correspondence you will accept from them is confirmation of withdrawal from this matter. Any further correspondence received from them other than their intention to withdraw from this matter will be deemed as harassment and trespass and lawful redress will be sought.

Excellent Assassin.

anxiety would be a difficult one to prove or disprove with or without GP, there is a spirometry test regarding shortness of breath and you could also measure your own oxygen saturation levels.
You get short of breath leading to anxiety which in turn cuases hyperventilation leading to shortness of breath leading to anxiety so on and so forth, a vicious circle.

assassin wrote:While for Daveiron this is for general use by anyone in the same predicament, solicitors are trying to interfere, in law a solicitor cannot interfere in YOUR private matters and if a company has passed your details to a third party such as a solicitor, against your will, then they are committing an offence.

Here is the maxim:

culpa est immiscere se rai ad se non pertaini - which means "it is a fault for anyone to medle in a matter not pertaining to him".

In simple language the issue is between you and the person you have written to and it is your private business and you have not contracted with this third party solicitor, so it against your will and consent.

Follow this up with:

contractus ex turpi causa vel contra bonos mores nullum - which means "a contract founded on a wrongful consideration or against good morals is null".

Basically you are reinforcing the above and telling the solicitor to sod off and not to interfere in YOUR private business and that the solicitor cannot assume because their client has appointed them, that you have consented (agreed) to this.

You could (if required) follow this up with:

benefictuim invito non dalur - which means "a privelege or benefit is not granted against a persons will".
Trying to get you to contract with them (solicitors) is against your will and against the law.

Now, I would construct a letter to them and state clearly that you do not wish to contract with them and they have an opportunity to withdraw and state if any further correspondence is received from them, it will clearly be against your will and this means they would be trespassing on your private affairs.
No further correspondence will be entered into and the only correspondence you will accept from them is confirmation of withdrawal from this matter. Any further correspondence received from them other than their intention to withdraw from this matter will be deemed as harassment and trespass and lawful redress will be sought.

Thanks assassin, something along those lines was sent yesterday.

El E Mentary wrote:anxiety would be a difficult one to prove or disprove with or without GP, there is a spirometry test regarding shortness of breath and you could also measure your own oxygen saturation levels.
You get short of breath leading to anxiety which in turn cuases hyperventilation leading to shortness of breath leading to anxiety so on and so forth, a vicious circle.

Thanks for the info. My claim will be submitted via a notorised affidavit,so the
burden will be upon them to prove otherwise. In any event it would be extreemly
stupid of me to put anything untrue into my affidavit.

And as a company they cannot meet maxim 10 of commercial law as compamies are dead entities:

A Lien Or Claim Can Only Be Satisfied Through Rebuttal by Counter Affidavit point by point, Resolution by Jury, or Payment.

This means you have won as you are operaring in commercial law which is superior law, while they are using solicitors and operating in inferior law, watch for the cheque.