BW Legal County Court Defence

colloq

KeithP wrote: »

Write a Witness Statement over the weekend and hand deliver it to the court on Monday morning.

I really cannot understand how this could happen.

The last correspondence and updates in regards to this was back in February, its now the end of July, things slip the mind when life is busy! It had only triggered when their witness statement dropped through the letterbox the day after submission deadline, a defence has already been submitted previously.

In regards to the Witness statement, is there specific mock-ups to work from, or where is best to read up over the weekend to draft one to hand deliver on Monday morning

Quentin

All advice for everything to do with pcns is in the newbies faq thread which you should be familiar with by now the number of times you have been directed there!


The WS stage is covered in #2 (court claims)

Coupon-mad

Search the forum for late witness statement as this has been done to death recently, only weeks ago, and people still won(!), and their threads have the WS they did, showing on the threads.

You MUST do that search and copy what other people like you did to rescue this (plus your evidence of course - you have so far filed NOTHING AT ALL except words, no evidence yet).

As soon as you got your court date through you should have been working on your WS & evidence. Slapped wrists over - YOU DROPPED THE BALL, NOT A PROBLEM IF YOU NOW CATCH IT!

System

You DO NOT need to send a WS which is really just what you are going to say at a hearing. A WS is just a way of speeding up the process for the judge.

You DO and MUST send the evidence on which you will rely to back up your side of the story.

A WS WITHOUT evidence is of little use as a judge will treat an unevidenced statement as hearsay. Make sure you send your evidence in ASAP.

So if you are going to help the judge by putting in your side of the story (WS) then have it backed up (evidence)

Coupon-mad

Hopefully the OP will now show us their WS and evidence and get it filed tomorrow.

colloq

Coupon-mad wrote: »

Hopefully the OP will now show us their WS and evidence and get it filed tomorrow.

Currently on with it and sorting it all out. This particular claim occurred on a leisure park by "leaving the boundary area"

In their evidence pack, they have outlined the boundary area and the road the driver was seen crossing, however the leisure park website contradicts this. There is a Gym, Cinema and 2x Restaurants outside Excel' boundary line, however the leisure park website clearly lists these as facilities on site.

How is someone supposed to access the restaurant or cinema if they can't cross the boundary line :mad:

Would this be something to highlight and put in evidence of?

Coupon-mad

Absolutely, you MUST fight and evidence every point where they are misleading the court.

You need to print out 3 copies of the website evidence and any other/photo evidence you have, and also challenge that the 'boundary area' was demarcated on the signs at all, and put them to proof that the driver left 'the site'.

Would this be something to highlight and put in evidence of?

YES. If you don't, you will be in danger of losing at the trial because you must file your evidence in advance. One copy to the court in a folder, delivered by hand (no emailing stuff and expecting the court to print it - they won't) and one for the Claimant (email that one to their solicitor!) and at least one other copy of everything - preferably more than one in case the Claimant's rep says they 'haven't got it' - for you to take with you on the day.

Also print out proof that you did email this WS and evidence. The 'sent item' email. And you may as well add your costs schedule if you have time - and yes that's easy and one sheet, shown in an example in the NEWBIES thread post #2 like everything else.

colloq

Hi,
I had a fun day in court with Excel after sitting there for a full day previously and the hearing being adjourned. I finally got in front of a judge and it was a clear whitewash. The judge was familiar with the area, and thankfully the rep from Excel/BW Legal knew he didn't have a leg to stand on and basically said to the judge that BW Legal hadn't given him much to work with.

Judge awarded it in Defendants favour, and agreed schedule of costs to be paid. Unreasonable behaviour claim part was struck out, and the full day I had to sit there when it got adjourned I was told i couldn't claim against the claimant as this was a fault of the courts not Excel.

Fast forward over 14 days later, and I've still not received a cheque for the amount from Excel/BW Legal. I briefly remember hearing or reading somewhere they had 14 days from judgement to settle the amount? Is this correct or what payment terms are they on to pay me my monies owed

colloq

Copied & Pasted in from thread:
https://forums.moneysavingexpert.com/discussion/5901147/excel-court-defendants-costs

At request of Quentin

Coupon-mad

Well done to you! And thanks for the court report.

Another one bites the dust!

:T