BW Legal/Excel Pre-Pofa advice please

The_Deep

If this gets to court, and you can ensure that it does by counter claiming for "unreasonable behaviour" costs for wasting your time, it looks like this company is in for another kicking. Have you read this?

http://parking-prankster.blogspot.com.es/

Lamilad

I cannot confirm that I was driving the vehicle on this date

You have suggested in your opening post that you definitely were not the driver and don't even know the car park... So why make this vague statement that suggests you could have been the driver?

Better to categorically state that you definitely were not the driver and the claimant is held to strict proof.

In the absence of any law allowing them to transfer liability from the driver to the keeper they must either prove you were driving (impossible as you weren't) or concede that they have no case and no prospect of success

lordgreenelf

Yep agree, however the initial defence has already been submitted, and was done before I'd researched things fully on here due to the tight timeline I had in submitting it.

If the WS sound OK I'll get that boxed off and start on the SA.

lordgreenelf

Just so I'm clear on what I need to do at this stage -

Send a paper copy of my Witness Statement and all Evidence/Exhibits I'll be relying on in court to the Court by Special Delivery? (Can I hand deliver this instead?) (Intending on putting this in a document wallet with an index and each section numbered in a different plastic sleeve)

Send a paper copy of my Witness Statement and all Evidence/Exhibits I'll be relying on in court to BW Legal by normal 1st class post with a Proof of Posting? (Can I email this instead?)

Anything else at this stage?

Thanks again

Coupon-mad

I wouldn't waste pounds on Special Delivery, I would hand-deliver it to your local court, with all pages numbered, contents page and the claim number on the front page inside, and on the document wallet outside.

Send a paper copy of my Witness Statement and all Evidence/Exhibits I'll be relying on in court to BW Legal by normal 1st class post with a Proof of Posting? (Can I email this instead?)

Yes.

Anything else at this stage?

Nope.

lordgreenelf

Thought I'd update on this one after the court case this afternoon.

BW farmed out their representation to another local "professional" after I moved the case to my local court. As the WS of BW was signed by somebody not in court, the judge tore them apart with legal mumbo jumbo that I didn't understand but caught something to do with a 29.7, and that because they hadn't filed one then she (the judge) didn't have to give any weight to the WS provided. Also if they had have filed a 29.7 then she wouldn't have expected any other representation to turn up either. She wasn't happy with them at all!

Basically, after all of that, the case was dismissed on the grounds that it was pre-POFA, and even if she had have taken any weight to the claimants WS, they did not prove who the driver was so there can be no case against me as the Registered Keeper. Hurrah!

She dismissed me from the court but asked the claimants representative to remain. I heard the judge asking her if "she worked for BW Legal as she's had just about enough of their ......." and the door closed behind me. Lets hope that word is getting around and they face more judges like her with their made up !!!!!!!! and more people defend against them successfully to incur costs on them.

She awarded me expenses, but can I still apply for further costs under CPR 38.6 and also Rule 27.14(2)(g), for the time I spent preparing my defence?

Huge thanks to everyone who helped me out with this, couldn't have done it without you!

Coupon-mad

lordgreenelf wrote: »

Thought I'd update on this one after the court case this afternoon.

BW farmed out their representation to another local "professional" after I moved the case to my local court. As the WS of BW was signed by somebody not in court, the judge tore them apart with legal mumbo jumbo that I didn't understand but caught something to do with a 29.7, and that because they hadn't filed one then she (the judge) didn't have to give any weight to the WS provided. Also if they had have filed a 29.7 then she wouldn't have expected any other representation to turn up either. She wasn't happy with them at all!

Basically, after all of that, the case was dismissed on the grounds that it was pre-POFA, and even if she had have taken any weight to the claimants WS, they did not prove who the driver was so there can be no case against me as the Registered Keeper. Hurrah!

She dismissed me from the court but asked the claimants representative to remain. I heard the judge asking her if "she worked for BW Legal as she's had just about enough of their ......." and the door closed behind me. Lets hope that word is getting around and they face more judges like her with their made up !!!!!!!! and more people defend against them successfully to incur costs on them.

She awarded me expenses, but can I still apply for further costs under CPR 38.6 and also Rule 27.14(2)(g), for the time I spent preparing my defence?

Huge thanks to everyone who helped me out with this, couldn't have done it without you!

Sorry your post was missed last night - but, Yay! Well done!! :T

That is three wins in a row (2 court hearings and one late discontinuance) I've read about here in the past 5 minutes! Fantastic stuff.

Coupon-mad

She dismissed me from the court but asked the claimants representative to remain.

I heard the judge asking her if "she worked for BW Legal as she's had just about enough of their ......." and the door closed behind me.

Even better!!!!!!!!

beamerguy

She dismissed me from the court but asked the claimants representative to remain.

I heard the judge asking her if "she worked for BW Legal as she's had just about enough of their ......." and the door closed behind me.

guess the judge meant

BWLegal .... stupidity and complete incompetence

We know that and so do the courts

BWLegal ...... give it up, your incompetence is spreading
like a wild fire. It's now time to admit to the SRA that
you really are worthy of being sanctioned

System

the judge tore them apart with legal mumbo jumbo that I didn't understand but caught something to do with a 29.7, and that because they hadn't filed one then she (the judge) didn't have to give any weight to the WS provided.

It's 27.9 which basically says that if the Witness (the BW Legal drone who writes this fiction) doesn't turn up and doesn't tell the court they do not intend to turn up, then the judge can throw out their WS.

This has always been the flaw with the BW Legal statements which OP's have been going on about and which some judges are now picking up on.

Brass tacks. Their Witness Statement comes from BW and not the claimant so whatever is said has no evidential value. All it is is a guess at what might have happened given the pics in front of the person that writes it. Every BW Legal statement that is signed by BW and not the Claimant should be torn apart in this way.

If they then start having the WS signed by the Claimant then 27.9 kicks in as they will never send any staff to court just in case the staff say something they shouldn't.

So always use 27.9 or any part of CPR 27 that helps