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Received a CCJ claim from BW legal for a parking ticket

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Comments

  • lacoolj87
    lacoolj87 Posts: 104 Forumite
    100 Posts Third Anniversary Combo Breaker
    hi all, i am handing in my witness statewment tomorrow and just need a little final help if i could please,
    i have trawled through the threads for the last few days looking for the correct wording on the covering note and also the envelope which my ring binder will be in, please can some offer a template.


    i have also just noted that i have left an exhibit number in my WS that will not be there( relating to cost schedule) is this gunna be a issue on the day?
  • lacoolj87
    lacoolj87 Posts: 104 Forumite
    100 Posts Third Anniversary Combo Breaker
    i have emailed a copy to BW legal today and also the courts however i will also hand a copy in personally as i feel this will be better for the judge, i have forgotten to number the pages and will not write an index as i am not sure on the correct layout, to be honest i am feeling very exhausted with this whole process and really can not wait for the first hearing to eend all this,
    how you people do it every day is amazing and i will be forever thankful for yuoiur advice, win or lose.
  • Coupon-mad
    Coupon-mad Posts: 152,835 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    At least you got the WS & evidence served in time, jolly good! We know it's hard work but as e do this every day we are able to skim read things like defences & witness statements to (usually) spot any issues and move on to the next thread quickly, so it's second nature to us.

    Re your costs schedule, just email that to the Claimant and post a copy to the court 3 days before the hearing, marked clearly with the hearing date and time and claim number/your name/claimant's name.

    You want to claim your costs when you win, so you need to work them out.

    For hearing tips, just search the forum for those words and you'll see lots of posts where we've advised on what to do and shown a video of what county court is like.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • lacoolj87
    lacoolj87 Posts: 104 Forumite
    100 Posts Third Anniversary Combo Breaker
    hi, today is the day, can i please ask a question about ROA, do i bring this up? and if so how to i argue it, is it as simple as saying " can i challenge their ROA, do i need to expand on it, i can asee some info on these threads but not sure ?
  • lacoolj87
    lacoolj87 Posts: 104 Forumite
    100 Posts Third Anniversary Combo Breaker
    Hi All,


    So today was my day in court, I turned up 30 mins early and was ushered straight in. the BW legal rep tried to take me into a room to discuss first which i declined, The judge who i can not recall her name was an older lady and seemed nice at first, she started by telling me what the small claims track is about and how it works,
    she then went in to the BW rep about the case and asked a few questions,
    At this point it felt like i might be on to a winner here and had a strong case, the mood then seemed to change and the judge spent most of the 30-40mins we were in there talking to the BW rep, it soon became clear the judge seemed to be on their side and although they had seemed to bundle things together not very well the judge was happy to allow them extra time to try and make their case, even allowing the rep to present a case transcript she did not include in her evidence bundle,
    I must admit i was quite nervous and did not question anything that was going on although i felt at times i shoud rebuke some things she was saying, i was not preparred to voice my concern, the case has now been adjorned and all 3 cases are to be heard together, including now the case whic was stayed,(if they pay the court fee) which i feel they now will,
    The judge also asked me what imain thing i will be defending agaisnt, I.E poor signs, Keeper liabilty or just primacy of contract, i said just the contract, now the case is adjorned and i have to serve all sides with a copy of my original signed lease, will the BW legel rep have more time to tear me down, what is my best course of action now,


    I left very dejected and feel the judge was quite unfair in allowing them more time, originally she gave 7 days and the rep asked for 14 and the judge just kept increasing as to allow them as much time as they needed to get their overriding evidence.
  • lacoolj87
    lacoolj87 Posts: 104 Forumite
    100 Posts Third Anniversary Combo Breaker
    Hi All,


    So today was my day in court, I turned up 30 mins early and was ushered straight in. the BW legal rep tried to take me into a room to discuss first which i declined, The judge who i can not recall her name was an older lady and seemed nice at first, she started by telling me what the small claims track is about and how it works,
    she then went in to the BW rep about the case and asked a few questions,
    At this point it felt like i might be on to a winner here and had a strong case, the mood then seemed to change and the judge spent most of the 30-40mins we were in there talking to the BW rep, it soon became clear the judge seemed to be on their side and although they had seemed to bundle things together not very well the judge was happy to allow them extra time to try and make their case, even allowing the rep to present a case transcript she did not include in her evidence bundle,
    I must admit i was quite nervous and did not question anything that was going on although i felt at times i shoud rebuke some things she was saying, i was not preparred to voice my concern, the case has now been adjorned and all 3 cases are to be heard together, including now the case whic was stayed,(if they pay the court fee) which i feel they now will,
    The judge also asked me what imain thing i will be defending agaisnt, I.E poor signs, Keeper liabilty or just primacy of contract, i said just the contract, now the case is adjorned and i have to serve all sides with a copy of my original signed lease, will the BW legel rep have more time to tear me down, what is my best course of action now,


    I left very dejected and feel the judge was quite unfair in allowing them more time, originally she gave 7 days and the rep asked for 14 and the judge just kept increasing as to allow them as much time as they needed to get their overriding evidence.
  • It's litigation. Stuff happens.

    Yes it would've been good to say that you are prejudiced by allowing more time. But it's done now.

    Best thing to do is to learn from that and ready yourself for the next one. Everything may be different. It could be a different advocate. Having had more time if their documents are woeful, you'll no doubt point to the time they've had and suggest that they issued prematurely and are hunting for an arguable case, which is unmeritorious.

    Review your documents and prepare your best case. Good luck!

    Write down any points you disagree with in the hearing so that when it is your turn to talk you cover everything.
  • lacoolj87
    lacoolj87 Posts: 104 Forumite
    100 Posts Third Anniversary Combo Breaker
    I have just been set a new court date. this is now saying I need to go to cambridge when the last was in my local court of Norwich. can I appeal this please??
  • Coupon-mad
    Coupon-mad Posts: 152,835 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    lacoolj87 wrote: »
    the case has now been adjorned and all 3 cases are to be heard together, including now the case whic was stayed,(if they pay the court fee) which i feel they now will...

    I have just been set a new court date.

    this is now saying I need to go to cambridge when the last was in my local court of Norwich. can I appeal this please??
    Yes, you need to get this away from Cambridge if you possibly can as this is where the Beavis case sort of started with HHJ Maloney.

    You know from the order what it says you need to do if you disagree with the order. It tells you, surely?

    Does it also give both parties a deadline to file their final evidence for all 3 cases that will be heard?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • lacoolj87
    lacoolj87 Posts: 104 Forumite
    100 Posts Third Anniversary Combo Breaker
    HI,


    My apologies for the late reply,


    I do not know how or if i can still move it from Cambridge,


    ALso, i do not know what other evidence i need to file other than what i filed beforehand,


    I siad to the judge i will only be trelying on primacy of contract as evidence,
    What is my best way to argue this.
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