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County Court Business Centre Claim Form via BW LEGAL

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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
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    Remember to include the costs of attending two hearings when the time comes.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Absolutely raise the issue of wasted costs in the next hearing!
    If they have sense they will discontinue

  • Thanks will add the costs for the next hearing, yes I've paid childcare for today etc! 
  • Fruitcake
    Fruitcake Posts: 59,479 Forumite
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    Thanks will add the costs for the next hearing, yes I've paid childcare for today etc! 
    Include copies of receipts.
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  • Hi all, just wanted to update you on the conclusion of the two claims. 
    The hearing was adjourned twice but finally happened today by video conference. 
    Yet another new legal rep to represent the claimant, who interrupted the judge to say that she claimed the defendant had not submitted the required evidence to them. I assured her I had sent this via email and could forward this to her. I did so and the rep had to admit this was true. 
    Continuing on, she made some mistakes about the layout of the car park and the signage when defending the claimant's claims to which I later corrected and showed the judge from my clear evidence the actual state of the carpark and signage. 

    The claimant was found to have not adhered to the P0FA2012, by not submitting the various notices within the timeframe allowed by the act. 
    Was also found that no contract between the driver and claimant could have been formed due to inadequate notice, poor signage, and noncompliance with the act. 
    Signage was found to be poor and noted that the evidence provided by the claimant was exceptionally poor. It was noted that the defendants evidence was clear and backed my claims. 

    Due to the above, the judge dismissed both claims in their entirety, unfortunately before I could bring up my incurred costs the hearing was over. I thought I would have a moment at the end to mention this but infact should have brought this up at the beginning. 

    To be honest though I am just feeling relieved that it's over and that I can stop wasting more time over it. Found the judge to be very fair and took me seriously. Not something I would do again in a hurry but glad to know I can defend my corner if ever in this situation again. 

    Everyone on this forum has been amazing and such a great source of knowledge and confidence! Thank you!! 



  • Coupon-mad
    Coupon-mad Posts: 155,452 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 June 2021 at 1:32PM
    The claimant was found to have not adhered to the P0FA2012, by not submitting the various notices within the timeframe allowed by the act. 
    Nicely done to walk the Judge through that.  Shame you weren't asked at the end 'anything else, Mr Defendant?' = the usual cue to talk about costs, but hey, well done!

    ANOTHER BW LEGAL / PPS ONE BITES THE DUST!
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  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It is a pity that you want to end this.  They have wasted a considerable amount of your time and you could, if you were so inclined, now waste some of theirs,  Here is how,

    https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/
    You never know how far you can go until you go too far.
  • Le_Kirk
    Le_Kirk Posts: 25,027 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Well done, a clear WIN!
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