Received a CCJ claim from BW legal for a parking ticket

KeithP

Perhaps you should write to the Court Manager. I don't know.

This really is outside the scope of fighting a parking ticket.

Why not give the court a ring on Monday and ask them who you should write to?

lacoolj87

thanks for the reply. really appreciate it

Coupon-mad

lacoolj87 wrote: »

Hi,


I have now finally received two court dates for the active claims, 25th June & 12th July, both at my local court(norwich) and the same judge,


Please can i ask for some advise on my next steps, i know i now need to get a good witness statement together and any paper work i intend to rely on, is there anything else i can also add to improve my chances,


I really would like to let the judge know these 2 claims are for exaclty the same offence ablieit different times and dates, for them to bring two seperate claims seems like a serious waste of court resources and i hope they would agree, do i write a letter directly to the judge or wait until the 2 weeks before the claim.


many thanks again for you help. the work you guys and gals do on this site is amazing and is a real public service. you should all be very proud of yourselves for this selfless act.

Two claims? That's an abuse of process.

If so, add a point IN THE WITNESS STATEMENT - AND IN A COVERING LETTER AS WELL, SO IT ISN'T OVERLOOKED - stating this (thanks to bargepole for the basis of this wording):

The Court is invited to take note that the Claimant has issued two claims, numbers XXXXXXXX and XXXXXXXX, against the Defendant at or around the same date, and with substantially identical particulars.

Two hearings have been set, on 25th June & 12th July, both at Norwich County Court and the facts of these cases are duplicated in every respect (Claimant, Defendant, location, parking charge breach allegation, and added unrecoverable 'debt collection' and/or 'legal' costs for each case, that the Claimant did not in fact ever incur).

It is submitted that this constitutes an abuse of process, making me potentially liable for two instances of issue fees, solicitor costs, and hearing fees (as well as the unrecoverable £60 x 2 attempt at double recovery that is a feature of BW Legal claims). This runs contrary to the overriding objective of CPR 1.1, the disposal of cases justly and at proportionate cost. The Court is invited to consolidate the claims to be determined at a single hearing, and vacate the other hearing, and I trust that the Judge will apply appropriate sanctions against the Claimant.

lacoolj87

Perfect,


Thank you so much,

lacoolj87

HI,


Just a quick update and a request for some last minute advise.


I have asked the courts to combine the cases however they have said i will need to pay a fee which i am unwilling to do,
I will add the point to my witness statement as suggested and hope this helps.


I have now just received BW legals - WS and evidence folder. I am trying to put together all my pieces this week and have read through a few threads on what to do and again is quite overwelming,



I would like to know if in my exhibits i should highlight certain paragraphs for the judge or is this presuming that i know the parts they should read, and it would not look good for me if they take offence to this presumption.


Any step by step help with the WS and skeleton argument would also be most helpful.

lacoolj87

i am thinking to have the L&T 1987 act as an exhibit also,
Any advise on which part to add or if as a whole

lacoolj87

i am also going to use the part or parking eye vs beavis - cost page only, any ides on where to find this in the whole transcript please??

Le_Kirk

lacoolj87 wrote: »

i am thinking to have the L&T 1987 act as an exhibit also,
Any advice on which part to add or if as a whole

You only want the part that details that landlords must carry out a consultation before making variations of the lease and show that 75% agree and not more than 10% disagree.

lacoolj87

thanks Keith,


I have found and added this now,


My sticking point currently is the way to lay out the WS and EXhibits along with a skeleton argument,


Having received theirs yesterday i can see the way they have done it and was thinking of copyingh thr layout although they have some good arguments and i am not sure if mine will stand up.


my main one being primacy of contract on the tenacy

Coupon-mad

Just copy any other Witness Statement style from here, by searching for those words.

Or search for 'ring binder contents' which will take you to umpteen good WS posts.

The best ones refer to each exhibit by number, consecutively, as the narrative continues, such as (Exhibit LACOOL1), (Exhibit LACOOL2) etc.