The sums don't add up for me to defend

stoneman

I have a case coming up with Excel, whom I've already beaten twice this year. It's for a ticket nearly 6 years ago before POFA. They, through Bw Legal want £250 including interest.

I have sent in my witness statement and they have received a copy. I am on pretty good ground with my defence of Excel not knowing who the driver was, and before POFA can not pursue the registered keeper

In most cases this would be enough but in my experience some District Judges decide not to accept this and it has been known for them to rule in favour of the parking company.

I myself although winning 4 times in all cases know how fickle DJ's can be.

So I have received a letter from Bw offering to settle if I pay them £140 in full and final settlement.

Looking at the figures even if I win the most I am allowed to claim is £97 and a bit of travel. I make considerably more than this and stand to be a few hundred down even if I win, it being a toss of the coin sometimes in court.

Although I would love to go through this again I can't justify taking a day off and even though I would probably win still being out of pocket.

I am writing back and going to try and negotiate a lesser fee with Bw. This sticks in my throat but I have to let my head rule here.

DW190

stoneman wrote: »

I have a case coming up with Excel, whom I've already beaten twice this year. It's for a ticket nearly 6 years ago before POFA. They, through Bw Legal want £250 including interest.

I have sent in my witness statement and they have received a copy. I am on pretty good ground with my defence of Excel not knowing who the driver was, and before POFA can not pursue the registered keeper

In most cases this would be enough but in my experience some District Judges decide not to accept this and it has been known for them to rule in favour of the parking company.

I myself although winning 4 times in all cases know how fickle DJ's can be.

So I have received a letter from Bw offering to settle if I pay them £140 in full and final settlement.

Looking at the figures even if I win the most I am allowed to claim is £97 and a bit of travel. I make considerably more than this and stand to be a few hundred down even if I win, it being a toss of the coin sometimes in court.

Although I would love to go through this again I can't justify taking a day off and even though I would probably win still being out of pocket.

I am writing back and going to try and negotiate a lesser fee with Bw. This sticks in my throat but I have to let my head rule here.

Offer them £00.00 and an undertaking that you will not pursue them for damages.

If they are offering to accept anything less they know they will loose and probably discontinue.

waamo

Don't forget you can negotiate right until you walk in to the room. You have a good position having beaten them so many times. They must have paid you enough to make them think twice.

I would counter saying you are considering harassment proceedings after winning 5 times against them. If they drop it you will too.

Rattle their cage and see what falls out. You've nothing to lose.

The_Deep

I sympathise. On what basis are they claiming, Elliot v Loake?

I recently took someone to court, won, their counterclaim was thrown out, and I am £200 down, or nearly £400 if you count my time. The judge did not even consider my claim for unreasonable behaviour. Getting justice is indeed a lottery in a SCC

However, I did get the £1,000 I claimed, but I am fully expecting the appellant not to pay me.

He is a dentist, how much is second hand dentist's chair worth?

Umkomaas

Sounds a bit of a desperate attempt to get you to pay them something. I wouldn't be at all surprised if they were about to discontinue.

The one good thing is that you're an 'old hand' at some of this stuff, rather than a quivering newbie who might just think the offer was the perfect escape-from-court route for them.

But it's all a bit of a game of seeing who blinks first.

fisherjim

The_Deep wrote: »

I sympathise. On what basis are they claiming, Elliot v Loake?

I recently took someone to court, won, their counterclaim was thrown out, and I am £200 down, or nearly £400 if you count my time. The judge did not even consider my claim for unreasonable behaviour. Getting justice is indeed a lottery in a SCC

However, I did get the £1,000 I claimed, but I am fully expecting the appellant not to pay me.

He is a dentist, how much is second hand dentist's chair worth?

Pleased you still have all your own teeth TD:D

Coupon-mad

Don't start paying them, after beating them 4 times!

Sometimes it's a matter of principle.

stoneman

Coupon-mad wrote: »

Don't start paying them, after beating them 4 times!

Sometimes it's a matter of principle.

I hear what you’re saying, but principal doesn’t pay the rent. I’ve taken note of themprevious replies and will offer not to chase them for harrasment if they discontinue. But I don’t really know if that’s possible.
I would have a case though I expect, the last time I beat them they added 6 tickets to the claim, time before that it was 3. 14 in total and this one makes 15.

System

I would have a case though I expect, the last time I beat them they added 6 tickets to the claim, time before that it was 3. 14 in total and this one makes 15.

Are all the cases based on the same location, rules and PPC client.

There is the principal (which pays to understand) of res judicata - a matter that has been adjudicated by a competent court and therefore may not be pursued further by the same parties - if they are pursing the same issues and a competent court has ruled on it, then you can put to the court (along with a long list of costs and a request to have BW issued with a restraining order) that the matter has already been decided. This puts BW on notice to show in what way this case is different from the rest and how they are not wasting everyone's time.

If the issues are the same then a counterclaim for harassment will get the matter into court and stop BW !!!!ing around and issues more claims.

Loadsofchildren123

If this is same location, there is some merit in you continuing, relying on Res Judicata and asking the DJ to make an injunction preventing them from pursuing you in respect of any outstanding alleged charges in respect of this car park. Include their shocking behaviour in your WS re adding in extra tickets.


Excel have form for this. They can get a bit vindictive. I appreciate that you will lose more than you will win, but if you can get an injunction it may be worth it.


If you haven't done your defence yet, definitely tell them to go away for £0.0 and to stop issuing new claims against you which are res judicata and that you will counterclaim for harassment if they continue. If you have done your defence, it's too late to add a counterclaim without the court's permission (and technically that includes asking for an injunction too, although you are a litigant in person and may get away with that if you've put them on notice).

Computersaysno

A barrister took one of them for £1500 costs at scc.......


People have tried to find out how,,,but no success so far.