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  • FIRST POST
    • STuartqaqcndt
    • By STuartqaqcndt 11th Mar 17, 8:07 AM
    • 24Posts
    • 13Thanks
    STuartqaqcndt
    Court papers ref BW legal/Excel
    • #1
    • 11th Mar 17, 8:07 AM
    Court papers ref BW legal/Excel 11th Mar 17 at 8:07 AM
    Well after exchanging letters with BW Legal since last September they have finally sent me court papers.
    Basic is that BW legal are saying that the parking permit was not displayed in an ANPR ticket car park in Wakefield in August 2012.
    I have asked for evidence of the alleged contravention and all that has been sent back are photos of the car entering and leaving the car park.
    Now three people were insured for driving at the time this occurred, I have not indicated any driver to date, and I am/was the registered keeper.
    The court appearance is for Northampton, so I am obviously asking for that to be changed to my local court.
    My defence draft is basically to reiterate, that BW/Excel have not provided proof of the driver, they have not provided proof of the lack of display of parking permit and they have not stated that the parking fee was not paid.
    Any assistance is welcome.
Page 3
    • Lamilad
    • By Lamilad 3rd Apr 17, 1:16 PM
    • 1,016 Posts
    • 2,021 Thanks
    Lamilad
    Don't send your defence via mcol it will turn all your lovely formatting with nice line spacing and numbered paragraphs in to one big ugly jumble of words.

    Email it to:
    ccbcaq@hmcts.gsi.gov.uk

    With your claim no as the subject line

    Copy yourself in to ensure its sent ok then ring the court to confirm receipt.
    • Lamilad
    • By Lamilad 3rd Apr 17, 1:17 PM
    • 1,016 Posts
    • 2,021 Thanks
    Lamilad
    ^^^^ in PDF format
    • STuartqaqcndt
    • By STuartqaqcndt 3rd Apr 17, 2:06 PM
    • 24 Posts
    • 13 Thanks
    STuartqaqcndt
    Hi again, yes I phoned the court direct and sent the defence statement to the ccbaq address.
    So what use is the low budget system they have with a tel number no longer valid and a none working web page which screws up the formatting??
    Anyway on with the witness statement.
    Cheers Chaps
    • STuartqaqcndt
    • By STuartqaqcndt 10th Apr 17, 4:24 PM
    • 24 Posts
    • 13 Thanks
    STuartqaqcndt
    Hi all again, well as has been said before, by others here, BW Legal have not come back with a reply to my section 18 request, so I can write to the court asking for the court to direct them to answer, is that correct? can I ask for the claim to be dismissed on this reason?.
    No info on a court date or location yet, (I do hope it is Skipton).
    • Lamilad
    • By Lamilad 10th Apr 17, 5:38 PM
    • 1,016 Posts
    • 2,021 Thanks
    Lamilad
    Hi all again, well as has been said before, by others here, BW Legal have not come back with a reply to my section 18 request, so I can write to the court asking for the court to direct them to answer, is that correct?
    Originally posted by STuartqaqcndt
    You can but why would you? It would be better to put in your WS that you reasonabley requested more detailed information to help you prepare your case as per the overriding objective... And they have ignored this request thus making it difficult for you to prepare your case based on the sparse and incoherent PoC. This shows they lack credibility and have acted unreasonably by failing to engage.

    can i ask for the claim to be dismissed on this reason?.
    You can ask for the claim to be dismissed for any reason you want. It won't be dismissed for this, they'll just say part 18 is n/a to small claims.

    No info on a court date or location yet, (I do hope it is Skipton).
    If you requested Skipton and had a valid reason for doing so then it will be.
    • STuartqaqcndt
    • By STuartqaqcndt 10th Apr 17, 5:53 PM
    • 24 Posts
    • 13 Thanks
    STuartqaqcndt
    Hi Lamilad, I can come up with a valid reason, but will keep it cool for now.
    I think I will inform the court of no reply to my section 18, which should emphasise that BW are not being fully open and informative, hindering my defence etc.
    Cheers
    How is your latest joust going?
    • STuartqaqcndt
    • By STuartqaqcndt 16th Apr 17, 10:06 AM
    • 24 Posts
    • 13 Thanks
    STuartqaqcndt
    Just to update this, i have just received a letter from BW Legal saying that they are continuing with the claim, I assume that this is in reply to my filed defence statement.
    What is the likely time frame now for witness statement and court date allocation??
    • IamEmanresu
    • By IamEmanresu 16th Apr 17, 10:59 AM
    • 1,550 Posts
    • 2,849 Thanks
    IamEmanresu
    I assume that this is in reply to my filed defence statement.
    Yes

    What is the likely time frame now for witness statement and court date allocation??
    Cases have to be heard within 30 weeks so you're looking at 20 weeks until the Notice of Allocation. Plenty of time to gather any information you may need for your Witness Statement.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • STuartqaqcndt
    • By STuartqaqcndt 7th Jun 17, 8:32 PM
    • 24 Posts
    • 13 Thanks
    STuartqaqcndt
    Ok, update is the date is set and venue also, just got an e-mail of the claimants witness statement-I wonder how they got that??, witness is a paralegal for BW Legal.
    I will update on the details later.
    • Coupon-mad
    • By Coupon-mad 7th Jun 17, 8:37 PM
    • 50,604 Posts
    • 63,996 Thanks
    Coupon-mad
    Also show us your own WS - have you sent it yet, and your evidence?
    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.

    • STuartqaqcndt
    • By STuartqaqcndt 8th Jun 17, 11:27 AM
    • 24 Posts
    • 13 Thanks
    STuartqaqcndt
    Sorry there I should have said,
    Ok, update is the date is set and venue also, just got an e-mail of the claimants witness statement- to my personal e-mail I wonder how they got that??, witness is a paralegal for BW Legal.
    I will update on the details
    later.

    So the paralegal is not a name I have noticed on here before, they are relying on Parking eye vs Beavis, Elliot and Loake and CPS vs AJH films, in fact they have stated that the defendant says that Parking eye vs Beavis does apply, which is not true.

    Currently adjusting my WS to reflect their WS, it seems that they did not submit the bundle on the due date which I queried at the court, apparently they had said the court date documents arrived too late for them to comply with and they did not know when the bundle would be submitted.
    After asking the court to adjust my submission date to reflect this, an e-mail arrived with the BW Legal bundle attached.

    Now there has been no e-mail exchanges by me with BW Legal, it has all been done by post to date, so I wonder where they got the address from as it is my work/personal one.
    If any one wants a copy of their bundle please let me know.
    So as I said updating my WS and evidence etc.
    Cheers All
    • beamerguy
    • By beamerguy 8th Jun 17, 11:51 AM
    • 6,149 Posts
    • 7,857 Thanks
    beamerguy

    So the paralegal is not a name I have noticed on here before, they are relying on Parking eye vs Beavis, Elliot and Loake and CPS vs AJH films, in fact they have stated that the defendant says that Parking eye vs Beavis does apply, which is not true.
    Originally posted by STuartqaqcndt
    What planet do these people live on.
    I am sure you can prove that the Beavis case has no bearing on you

    Elliot and Loake and CPS vs AJH
    They have already lost in court using these claims.

    I hope you will prove to a Judge that BWLegal continue to
    quote rubbish
    If that's what they are going to rely upon, they will lose again

    https://www.youtube.com/watch?v=s8WOHN3IqM8
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Castle
    • By Castle 8th Jun 17, 11:59 AM
    • 1,281 Posts
    • 1,670 Thanks
    Castle

    Now there has been no e-mail exchanges by me with BW Legal, it has all been done by post to date, so I wonder where they got the address from as it is my work/personal one.
    Originally posted by STuartqaqcndt
    You might have included it when you filled in the DQ, (Directions Questionnaire).
    • Lamilad
    • By Lamilad 8th Jun 17, 1:21 PM
    • 1,016 Posts
    • 2,021 Thanks
    Lamilad
    Upload their​ bundle to Dropbox, one drive or similar and share the link on here.

    Also post your draft ws for review before submitting.

    Did you get Skipton court as per your request?
    • STuartqaqcndt
    • By STuartqaqcndt 8th Jun 17, 1:46 PM
    • 24 Posts
    • 13 Thanks
    STuartqaqcndt
    No I did not go to Skipton in the end, we do have some relatives there who would have accommodated us, but they are moving in the period the case would be heard. Ok will try the drop box thing.
    I must say the bundle is very poor quality printing/copying looks like it is the copy of a copy of a copy etc.
    • STuartqaqcndt
    • By STuartqaqcndt 8th Jun 17, 2:49 PM
    • 24 Posts
    • 13 Thanks
    STuartqaqcndt
    OK, here is the link for the bundle. https://www.dropbox.com/s/ipldrqj94f8h25j/WS%20BWL20170607173510144.pdf?dl=0

    Now should I structure my WS to reply to the specific sections in BWL"s Witness statement, or simply
    expand/reassert my own defence statements
    Last edited by STuartqaqcndt; 08-06-2017 at 4:33 PM.
    • Coupon-mad
    • By Coupon-mad 9th Jun 17, 6:36 PM
    • 50,604 Posts
    • 63,996 Thanks
    Coupon-mad
    I am going to echo what Lamilad said here about another 'witness' - and here you can see how to tear any WS apart:

    http://forums.moneysavingexpert.com/showthread.php?p=72467829#post72467829

    As Lamilad said, ALL these scam 'witness' statements don't half look like like the ones written by Leigh Schelvis and Rohan Krishanaro - almost identical word for word and just as hopelessly deficient.

    Even down to them calling you, a male Defendant, 'her' and assuming the defendant was driving, despite the fact the 'witness' (bless them) was probably still in year nine at school in 2012...! Certainly not a person with direct knowledge as a 'witness' as to what happened in that car park five years ago. Usual pile of rubbish, there to be shot down!

    Now three people were insured for driving at the time this occurred, I have not indicated any driver to date, and I am/was the registered keeper.
    You have never told them who was driving and this was pre-POFA. You should be gunning for punitive costs.
    Last edited by Coupon-mad; 09-06-2017 at 6:38 PM.
    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.

    • STuartqaqcndt
    • By STuartqaqcndt 11th Jun 17, 9:10 PM
    • 24 Posts
    • 13 Thanks
    STuartqaqcndt
    Ok my WS is at the link. Please review and advise, now running short of time.
    Hopefully I have covered all the bases.
    Cheers

    https://www.dropbox.com/pri/get/WS%20Draft%201.docx?_subject_uid=396332448&w=AAB2k mw9oO8XGtGHLHgt_c9rF6h-KjrDMZSd-rQxMc1BsQ
    • STuartqaqcndt
    • By STuartqaqcndt 28th Jun 17, 3:49 PM
    • 24 Posts
    • 13 Thanks
    STuartqaqcndt
    Right then, it seems that BW did not pay the court fee on time and the case has been struck out, apparently they tried to pay about ten days later and were turned down, so I suppose they may restart it.
    My question now is what recourse, if any, do I have to get some recompense out of them?.
    I was looking forward to trying to stiff them for punitive damages, when they lost the case if that was going to be possible.
    • Coupon-mad
    • By Coupon-mad 29th Jun 17, 1:27 AM
    • 50,604 Posts
    • 63,996 Thanks
    Coupon-mad
    Right then, it seems that BW did not pay the court fee on time and the case has been struck out, apparently they tried to pay about ten days later and were turned down, so I suppose they may restart it.
    My question now is what recourse, if any, do I have to get some recompense out of them?.
    I was looking forward to trying to stiff them for punitive damages, when they lost the case if that was going to be possible.
    Originally posted by STuartqaqcndt
    Hooray!

    You could consider a complaint then LBCCC to them and the landowner, then a claim for compensation of a few hundred (naming both parties). Don't rush it, you'd need to establish the issues with the landowner in a complaint first to give them a chance to settle it.

    And you would need to research your legal arguments, you can't just make up a sum out of thin air (PPCs do that!).

    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.

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