Excel & BW Legal

Coupon-mad

That's all good and you have time to include it all in your WS, including this:

Looks like I may have another point of defence here - the contract between Excel and the landowner mentions no authority for them to pursue civil claims, merely "issue "Parking Charge Notices" to vehicles and pursue offenders for final payment of the offence."

...and this as well, call the witness out on the untruths and say you look forward to questioning them in person at the hearing (knowing full well that person will NOT turn up and BW Legal will just send a third party legal rep who might not even have Rights of Audience):

they have said that not only did I fail to respond to the PCN and NTK, but I also failed to respond to the correspondence from the Claimants solicitor! That's funny, as I remember playing letter ping pong with them for almost a year. Luckily I have kept everything.

Mahone1302

Thanks. I sent my WS and exhibits by email to BWLegal at 4pm yesterday. I'll be taking a hard copy to the court on Monday morning.

The hearing is on April 29th. I'm a little confused about the skeleton - even after having research what it is. Is it required? I'm not even sure it's necessary as my WS is fairly detailed and I was able to respond to theirs in my own. Some on Pepipoo have suggested that my WS was far to detailed, it's a lot smaller than BWLegals!

Coupon-mad

I'm a little confused about the skeleton - even after having research what it is. Is it required?

No, not if you've covered it all in the WS.

Some on Pepipoo have suggested that my WS was far to detailed, it's a lot smaller than BWLegals!

Southpaw on pepipoo doesn't like people putting legal argument into a WS.

I feel anything goes in small claims and if it's easier to submit a longer WS then do that. It seems to work - we see more cases won here than on any other forum or any other resource.

Mahone1302

I'm just putting my schedule of costs together. I understand that PD 27 states that the maximum can be awarded for loss of earnings if £95, however my total loss of earnings/leave that day will be equal to £178.85. I appreciate that if I win, the Judge won't order anywhere near that much, however is it worth putting that figure down anyway for loss of earnings/leave? Or shall I just stick with £95 as it is the maximum allowed?

Coupon-mad

Yes, look at the difference between costs on the 'standard basis' in the CPRs and (higher) costs on the 'indemnity basis' which are granted if you can convince a Judge that the Claimant has acted wholly vexatiously and unreasonably without justification, during the claim.

e.g. if they have ignored court deadlines and refused to engage in the pre-action phase to send you info you asked for, etc, etc. It's a high bar to meet.

Look at the costs schedules linked in the NEWBIES thread. I think one of them is sassii's one which was granted for 4 figures (rare and you need to be very prepared with a list of the Claimant's unreasonable conduct as long as your arm, or well argued at least!).

Mahone1302

Court tomorrow afternoon. Any last minute tips or advice? Thanks.

Coupon-mad

Well, get there 30 mins early, and take proof of earnings as well as your own file of everything, including PROOF that your emailed the costs schedule, WS and evidence to BW Legal in case of shenanigans by the legal rep.

Shake the hand of the rep in the waiting room but no taking any papers if they try to foist them on you and no going into a little room to discuss the case as they might put you on the spot.

If the rep is Mr Wilkes, or another self-employed legal rep then you could challenge his rights of audience first, as neither BW Legal or the Claimant will turn up and you couldn't send someone else in your place who had not RoA and nor can they...see this victory, getting Mr Wilkes kicked out:

https://forums.moneysavingexpert.com/showthread.php?p=75664248#post75664248

And below, here's a court report showing the rubbish the rep spouts for Excel or VCS and how to counter it, seeing as you said they mentioned 'Agency' in their WS you need to know how Excel v Smith crushes that argument and you are not a business so other drivers don't act 'on your behalf' when driving your car!

https://forums.moneysavingexpert.com/showthread.php?p=74983285#post74983285

HTH, let us know...

Mahone1302

Thanks, read a bit on RoA so have a reasonable understanding of how it works and what to ask.

Re costs I haven't sent any to BWLegal so far, I didn't think I needed to and thought that was something to be produced on the day. I'll email them this morning and hope for the best.

Mahone1302

Well I'm here and booked in... No sign of the other party yet.

Coupon-mad

Let us know your court report.