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  • FIRST POST
    • claretmad62
    • By claretmad62 29th Jan 17, 6:45 PM
    • 189Posts
    • 173Thanks
    claretmad62
    Excel BW again
    • #1
    • 29th Jan 17, 6:45 PM
    Excel BW again 29th Jan 17 at 6:45 PM
    Hi to all

    Spent quite a bit of time reading others threads, finding it all a big learning curve.


    State of play, Excel along with BW currently chasing my wife for a PCN from early 2012 (pre PoFA) On her behalf I have been corresponding with BW and at the moment we are 20 days into County Court sending our initial defence to the claimant. Been on with the WS, as it's over 5 years ago we've not got a clue who was driving....quite a few people have used my wife's car historically. There seems to be different views on what should be in the WS, and what we should take to the hearing as our court bundle. As it's pretty PoFA, what do you think our plan of defence/ attack should be


    Cheers
Page 8
    • claretmad62
    • By claretmad62 28th Apr 17, 10:32 AM
    • 189 Posts
    • 173 Thanks
    claretmad62
    Could anyone please assist me on how to build up your costs, should you win your case. I seem to remember seeing it on a thread a while back...struggling to lay my hands on it now.

    Trying to get everything pretty much in place, its a while until the hearing. But ive a hell of a lot on in the next 2 months

    Thanks in advance
    cm62
    • Umkomaas
    • By Umkomaas 28th Apr 17, 10:47 AM
    • 14,573 Posts
    • 22,917 Thanks
    Umkomaas
    Time off from work (use of annual leave) for the hearing - costs up to a max of £95 (take pay slips to court with you as proof)

    Stationery and postage - actual costs incurred. You might need to itemise them for completeness and to show that this isn't a finger in the air guesstimate.

    Travel to the hearing - at cost if public transport used, or 45p per mile if by car. Don't forget to put in the cost of car parking at (near) the court. You'll have to estimate these in advance - just mark it as 'Estimated costs'.

    Some try to get research time claimed @ £19ph litigant in person rate. I've read a very small number of cases (fingers of one hand) where judges have allowed a couple of hours. I know you will have spent many, many more, but ordinarily I believe these costs should only be awarded if the claimant has behaved unreasonably. So if you want to try a small number of hours, do so, but don't be surprised if it is knocked back.

    In total a costs order claim is never going to be sizeable, but being awarded something is better than a mere pyrrhic victory against your enemy.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • claretmad62
    • By claretmad62 28th Apr 17, 10:53 AM
    • 189 Posts
    • 173 Thanks
    claretmad62
    Umkomaas, many thanks for your prompt & detailed response.....
    cm62
    • Lamilad
    • By Lamilad 28th Apr 17, 2:21 PM
    • 885 Posts
    • 1,857 Thanks
    Lamilad
    Could anyone please assist me on how to build up your costs, should you win your case. I seem to remember seeing it on a thread a while back...struggling to lay my hands on it now.

    Trying to get everything pretty much in place, its a while until the hearing. But ive a hell of a lot on in the next 2 months

    Thanks in advance
    Originally posted by claretmad62
    I believe there's a template or linked example costs schedule on the newbies thread. Also Loadsofchildren posted some detail on Keepswimming's thread the other day.
    • claretmad62
    • By claretmad62 18th May 17, 5:42 PM
    • 189 Posts
    • 173 Thanks
    claretmad62
    Good afternoon all, well just about a month away to our date. So would like to put up what I've produced, well what CM brilliantly produced for me and what I have added in the best way I can. I am working away so for a while so would like to get this to a finalised state if at all possible. With regards to the etiquette on passing my documents on to the court & BW, Witness Statement 14 working days before the hearing...Skeleton Argument 5 days before....and is that to both also ?

    https://www.dropbox.com/sh/f7r85yokl1tf0u3/AADoGlOB9cDEgVnfP1g297Qya?dl=0

    Thanks in advance
    cm62
    • claretmad62
    • By claretmad62 18th May 17, 10:41 PM
    • 189 Posts
    • 173 Thanks
    claretmad62
    Bouncing this one back up...any feedback appreciated.
    cm62
    • Coupon-mad
    • By Coupon-mad 19th May 17, 12:19 AM
    • 50,083 Posts
    • 63,471 Thanks
    Coupon-mad
    I'll bump it too, as it's very late tonight and I start work early...
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • claretmad62
    • By claretmad62 19th May 17, 8:47 PM
    • 189 Posts
    • 173 Thanks
    claretmad62
    Ok.....thanks for that CM, any feedback would be great.
    cm62
    • Lamilad
    • By Lamilad 19th May 17, 9:59 PM
    • 885 Posts
    • 1,857 Thanks
    Lamilad
    Looks pretty damn good to me. I'd have maybe included a para about lord Denning's red hand rule but you've attacked signage well enough without it.

    Within the stuff about Cutts I'd have mentioned that the case was discussed on bbc watchdog which was damming of Excels illegible signage and predatory tactics.

    Frankly my 'gasted' would be truly 'flabbered if you were to lose this case.
    Last edited by Lamilad; 19-05-2017 at 10:05 PM.
    • claretmad62
    • By claretmad62 19th May 17, 10:09 PM
    • 189 Posts
    • 173 Thanks
    claretmad62
    Thanks Lamilad, really appreciate the feedback...I totally get others cant answer every query. I've just been reading up on ROA, trying to get my head around that, as it seems to be a potential deal breaker.
    cm62
    • Lamilad
    • By Lamilad 19th May 17, 11:24 PM
    • 885 Posts
    • 1,857 Thanks
    Lamilad
    Thanks Lamilad, really appreciate the feedback...I totally get others cant answer every query. I've just been reading up on ROA, trying to get my head around that, as it seems to be a potential deal breaker.
    Originally posted by claretmad62
    Potentially yes, but it's so complex and open to interpretation that even judge's struggle to get their heads round it.

    It's always worth bringing to the attention of the court, along with witness non attendance though it seems, in most cases, the judge's allow the case to proceed even though they know something isn't right.
    • claretmad62
    • By claretmad62 20th May 17, 10:57 AM
    • 189 Posts
    • 173 Thanks
    claretmad62
    Lamilad....going back to submission of documents. WS to both 14 days prior to date of hearing and SA also to both 3 or 4 days before. Post or Email ? ....
    cm62
    • claretmad62
    • By claretmad62 22nd May 17, 5:30 PM
    • 189 Posts
    • 173 Thanks
    claretmad62
    I'm a tad worried at the moment, the date for our hearing is the 27th June. I am away most of the previous week in Ireland, I assume this is when I may receive the claimant Witness Statement (as they always seem to be last minute) I will have no time to pick holes in it in my Skeleton Argument. I travel on the Tuesday and had intended putting in my SA before I went. Thoughts please
    cm62
    • Lamilad
    • By Lamilad 22nd May 17, 6:09 PM
    • 885 Posts
    • 1,857 Thanks
    Lamilad
    Lamilad....going back to submission of documents. WS to both 14 days prior to date of hearing and SA also to both 3 or 4 days before. Post or Email ? ....
    Originally posted by claretmad62
    I would deliver the court copy by hand. Skipton court has a secure document drop off point (basically a large letter box) so you don't have to go in and get molested by the security guard.

    Email claimant copy to BWL, and copy yourself in. Attach the docs but also upload them to Dropbox and include the link in case their server can't handle large emails.

    You are correct about timings.
    • Lamilad
    • By Lamilad 22nd May 17, 6:14 PM
    • 885 Posts
    • 1,857 Thanks
    Lamilad
    I am away most of the previous week in Ireland, I assume this is when I may receive the claimant Witness Statement
    BWL usually email their bundle if they have your email address. So as long as you have access to email you can pick away.... And post it on here so we can have some fun with it too.

    Wouldn't hurt to email BWL to specifically request your copy is served by email
    • claretmad62
    • By claretmad62 22nd May 17, 9:00 PM
    • 189 Posts
    • 173 Thanks
    claretmad62
    Ok, many thanks Lamilad. Hopefully will receive their WS before I leave...they don't have our email address...but may do very soon. I will take my laptop with me and try to upload whatever I can.
    cm62
    • Redx
    • By Redx 23rd May 17, 1:08 AM
    • 15,516 Posts
    • 19,600 Thanks
    Redx
    set up a free gmail address and use that for this task and then for trashmail etc in the future
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • claretmad62
    • By claretmad62 23rd May 17, 11:15 AM
    • 189 Posts
    • 173 Thanks
    claretmad62
    Yep, just set up Gmail address...just looked through all my BW Letters. Crikey a different email address with each letter, assuming the excel@bwlegal.co.uk is the correct one. ?
    cm62
    • Lamilad
    • By Lamilad 23rd May 17, 12:33 PM
    • 885 Posts
    • 1,857 Thanks
    Lamilad
    Yep, just set up Gmail address...just looked through all my BW Letters. Crikey a different email address with each letter, assuming the excel@bwlegal.co.uk is the correct one. ?
    Originally posted by claretmad62
    Yes, and copy in enquires@bwlegal.co.uk. Put your name and claim no in the subject line
    • skimodo
    • By skimodo 24th May 17, 11:25 AM
    • 6 Posts
    • 0 Thanks
    skimodo
    BW legal exel parking
    Just got phone call from BW Legal. Apparently I owe over £200 to exel parking for parking without a ticket (something I never do) in Keighley in 2014! BW Legal said they would get info for me as I have no idea what they are talking about! She said the next step is getting a warrant to take goods! I'm confused scared and annoyed as it's over 2 years ago. I can swear there was no ticket from exel on my car though! Can someone please advise? I've read posts which say ignore it but scared someone is going to turn up to take my stuff!
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