County Court Business Centre Claim Form via BW LEGAL

Coupon-mad

The words and reasons why a consumer refuses a hearing 'on the papers' are in the TELEPHONE HEARINGS thread.

It's a long thread and it's in a post by me several pages in - however, it is not rocket science and my suggested email is only stating the obvious arguments against it...that anyone could write if they thought about it a little.

Le_Kirk

Coupon-mad said:

The words and reasons why a consumer refuses a hearing 'on the papers' are in the TELEPHONE HEARINGS thread.
It's a long thread and it's in a post by me several pages in - however, it is not rocket science and my suggested email is only stating the obvious arguments against it...that anyone could write if they thought about it a little.

Yep, that is why I pointed the OP at it because it is easily missed if posters are not as diligent as they should be - not saying this is the case here.

earth_moon626

Hi all, I am just sending the email to all parties to disagree with the claim being heard on the papers. I want to give some valid reasons why I don't think this is fair and wanted to get some advice on this. Below are some reasons why I think it isn't suitable or fair to go ahead 'on the papers', could anyone review these and possibly advise on additions or changes (some points may be more suitable to raise in the witness and evidence stage instead of now?). Thank you! 


Dear Sir/Madam, 

I am writing to inform all parties that I do not agree with the claim being determined on the papers alone. Below are some points as to why I feel this would not be a fair determination should the claim go any further in court however, I would like to take this opportunity to ask the Judge who might be deciding at this stage between a telephone hearing or adjournment, that he might instead avoid the unnecessary burden to the court and strike the claim out entirely. 

This parking charge claim has been exaggerated to reach the extortionate sum of £255 despite my belief that such an amount is unrecoverable for a parking charge case in the present day as this is an attempt to go around or to the side of the law. As such I mention below and want to draw specific attention to the Claimants continued attempts to persuade me to settle this outside of the court for large sums of money. I feel they have been trying to scaremonger me to avoid using the justice system as intended and into paying them unfair amounts of money, based on not being as experienced in these claims as they. 

1) I feel I am poorly represented based entirely on my original defence submitted back in 2018, I was just 24 years old then and didn't really understand how to defend myself in this claim. I didn't have access to advice or support due to financial limitations, instead, I researched online and gathered information to put together my defence but looking back at it now can see that I missed out important points that I would like the chance to raise in court. 
2) My response to the original claim back in 2018 was rushed and underprepared for as I didn't receive any correspondence regarding the claim until I had moved back to my parents home in April 2018. I lived in a shared house when the claim was originally submitted and post was often being thrown away by other tenants to keep the hall clear, this is the only explanation I can suggest if the original correspondence was indeed sent. I would have gladly responded at the time. 
3) I was not in receipt of the PCN that had been left on the car. When I received the documents for the claim at my parents address I admit that I could see there was one attached to the windscreen using the windscreen wiper in one of the photos the claimant gave as evidence but neither my partner nor I received this at the time. 
4) The car park that the contravention supposedly took place was on my residential road where I lived, and my partner and I had parked there on occasions when there were no spaces to park on the residential roads nearby. We had a valid permit to park on the residential road where I lived, and genuinely didn't know that this car park was policed any differently to the rest of the road. 
5) I want to draw attention to the fact that I was not aware of any signage saying I was not permitted to park there, and in the evidence supplied to me by the claimant, I can see that the photo of a sign they have sent to me is dated well after the rest of the photos in the pack, the photo gives no indication of where it is oriented on the site, the date has been half cut off from the page where the others are all clearly dated, however I can see that the photo is dated at least two months after the contravention date leading me to be sceptical as to whether this signage was in place at the time of the contravention or if it was photographed at a different site altogether. If the signage was in place on the date of the contravention which I highly doubt, then it must have been insufficiently displayed, lit and sized.  
5) Initially, when I received correspondence from BW Legal I ignored their invitations to pay them large sums of money because I thought it was a scam. I only realised that this was a legitimate claim made against me when I got a letter from the court at which case I promptly followed their orders and filed the requested information. 
6) I am aware that BW Legal has responded to my defence and I believe I deserve the opportunity to argue their response and this claim in court if the claim does go any further. I want the opportunity to bring up the inaccuracies in the 'evidence' the claimant has provided, and highlight the failure to failure to demonstrate a prominent and legible contract. I am the only local witness and believe if the claim is to be heard, a decision cannot be fairly made without a hearing in my presence. If the claim is not struck out, I would prefer a hearing in person once the Covid-19 lockdown is lifted. However, I understand that to formally ask for an adjournment would be at a cost which is not an option for me due to restrictions of work at the moment during the pandemic, so I await the court's order and directions.

Yours Sincerely, 





 

Coupon-mad

want to draw specific attention to the Claimants continued attempts to persuade me to settle this outside of the court for large sums of money. 

You can't mention any offers to settle that occurred since the claim was filed, that have the title 'WITHOUT PREJUDICE'

earth_moon626

Thanks @Coupon-mad am I able to make any reference to this without specifically calling it out? Or can I not mention this all together? As well as receiving offers to settle with the 'Without prejudice' title, at the end of all correspondence they have given me the offer to resolve matters on 'an amicable basis'.. would it be worth mentioning this? 
Thank you!

Coupon-mad

No, you can't mention WP offers.  Google what it means if you like - it is protected correspondence during the court process.

earth_moon626

Ok thanks so I won't mention any of it, including the offers at the end of each of their letters which arent titled 'without prejudice'. Is the rest of it ok though? 

Were_Doomed

If any correspondence is not entitled Without Prejudice (or sometimes Without Prejudice Save As To Costs) then you can include (or reference) those letters. Just not any that do have WP.

Coupon-mad

I would remove both number 5 paragraphs (you have two) because the one about signs is a matter for your WS, not this email.

Make this a separate paragraph. At the moment it's swallowed up in a para about BW Legal!

I am the only local witness and believe if the claim is to be heard, a decision cannot be fairly made without a hearing in my presence. If the claim is not struck out, I would prefer a hearing in person once the Covid-19 lockdown is lifted. However, I understand that to formally ask for an adjournment would be at a cost which is not an option for me due to restrictions of work at the moment during the pandemic, so I await the court's order and directions.

earth_moon626

Great, I have sent the email to all parties minus the two paragraph 5s (oops) and any paragraphs I re-read and thought better for my witness statement. Lets see what they say. Thanks!