Letter of claim from bwlegal

Coupon-mad

They continued on pepipoo until a month before Xmas and are no doubt soon at WS and evidence stage:

http://forums.pepipoo.com/index.php?showtopic=123458&st=80&start=80

I hope the poster will come back when they get their hearing date, to talk about the WS and the date by which they have to file & serve that & their evidence.

phoenixfreespirit

Hi I have received a hearing date for 11th Apr and today I have received an 18 page 90 point witness statement from bwlegal which as it was designed to do has completely bamboozled me. I would REALLY appreciate help with my own witness statement in light of this from coupon-mad. I will carry on from the previous link she has posted on pepipoo so as not to clog things up here.
Thank you

Coupon-mad

OK but get advice from others on pepipoo as I rarely get time to post there at the mo.

phoenixfreespirit

Thank you Coupon~mad
It is a such a relief and so good to know you are still around!
I realise you must be very busy so I hope that it is not too much of an imposition if I upload bw ws here for you to check, in the hope that you would have time to look at it and advise me, as you know the circumstances.

https://www.dropbox.com/sh/8srg00q94uqgfte/AAAac7qYC_6gd05i6QF3ebwpa?dl=0

The court said the claimant had to submit their ws by 14th March, as it doesn't say otherwise I gather that is the same for the defendant? I was waiting to see their statement to know what to say.

Having read theirs I hope I have grounds to contest their following points ~

26 I was not the driver and had no knowledge of original pcn until ntk received.

60. My mother had just come out of hospital following a fall and leg fracture she refused a wheelchair but had not yet been given a walker, she was extremely frail, it would not have been possible for her to walk more than a few yards. She was extremely nervous walking outside, unable to walk unaided and would under no circumstances have been capable of walking from the suggested alternative car park.

65 & 66 The claimant was advised of the passenger's (my mother's) disability and said it was irrelevant.

68 & 69 I was not the driver but I am sure if the disabled parking space had been free it would have been used.

71 ?? Claimant has failed BPA code of practice and POFA 2012 ??

73 Once again I have told them I was not the driver and am not local to the area. I obviously remember that my mother has recently passed away! I would obviously also remember visiting at that time as both she and my father had just come out of Hospital, it was an extremely distressing and stressful time, involving grants, disabled facilities, house alterations, the introduction of meals on wheels and carers who also had use of my car. My mother was deaf and an avid reader who would have needed books after several weeks in hospital and would have needed assistance to visit the Library. Given the amount of time which has since passed I cannot however remember details as they had multiple carers and different care agencies.

74 Later change of signage is relevant as size, wording and number of signs were changed.

87.2 I do deny being the driver.

87.3 I denying parking the vehicle.

Although they have used 20 photos to pad out their claim they have not addressed the lack of their sign at the entrance or included the photo of the sign giving disabled access.

https://www.dropbox.com/s/n3u3szn4x49z5sk/IMG_20190224_162903%20%282%29.jpg?dl=0

I realise it is some time since you have heard from me and you will have been busy helping lots of other people. I would really appreciate any input/help in order to see this through and get it over with.

I haven't been able to access my mother's medical records yet as we are still going through probate, I am going to contact the library to see if they hold the record for my mother returning and taking books on the day in question.

This is just bullet pointing atm but I hope you can advise me if the points are relevant and anything else which might help.

Many thanks and much appreciation

Coupon-mad

I and others will take a look at this tomorrow!

Coupon-mad

Bump again for tomorrow...the forum is too busy!

phoenixfreespirit

Hi Coupon mad
I think I am stuffed as I have just realised I misread the date and my WS should have been in on 25th Feb, it was the trial fee that had to be in on 14th March.
Is there anything I can do now?

KeithP

You need to get your WS and evidence to the court as soon as possible.

That means - hand delivered to the court tomorrow.

Of course email a copy to the claimant too.

phoenixfreespirit

Thanks KeithP
I am trying to write it now,
I am in a total panic and way out of my depth now as I thought I had til 14th March.
Whole things been a nightmare.
The case is on 11th Apr.
I will phone the court in the morning.

KeithP

phoenixfreespirit wrote: »

I will phone the court in the morning.

How will that help?