BW Legal - Court Claim Help!

Coupon-mad

3. I assert that I am the registered keeper of the vehicle [STRIKE]in question in this case[/STRIKE] and I was the driver on the material date, so I can give a true witness account of the day.

7. I have used the Leisure Centre for this dance class three times prior to this incident and have parked my vehicle without paying for any parking. It was my honest belief that I counted as a 'member' for which the signs now produced by the Claimant - which were not in view on the day nor placed anywhere near where I parked - say no payment of a tariff is needed.

8. The Redbridge Leisure Centre is made up of two very large buildings: Norman Booth Building and Jean Brown Indoor Arena.

...and this needs proper punctuation due to a misplaced full stop and missing apostrophe in driver's:

13. If a driver has used a parking place where s/he previously never paid, and their parking destination is not Norman Booth Building (where all the signs are allegedly kept) but the other two. It is not unreasonable to say that the signs were not visible enough to get the drivers attention.

Where you refer to court cases, like Chaplair Limited V Kumari and ParkingEye Ltd v Beavis, those first words naming the parties (NOT the date and citation number) should be in italics like you saw in my version.

Always also take with you a wage slip or other proof of the loss of salary/leave you are claiming in your costs schedule, and a printout of the email you sent to BW Legal with this WS and evidence, as proof that you did serve it and when.

We've seen legal reps try to catch victims out by blaming them for not serving a WS and evidence at all, when in fact the only reason the rep doesn't have it is because BW Legal didn't give it to them. You need to be able to prove what you filed & served.

beamerguy

25. In my case, the truth is that no £60 payment has been made to a debt collector because Trace Debt Recovery are known to send letters for parking firms on a 'no collection, no fee' basis.

Are you sure Trace operate a no win no fee service. We know DRP do

You need to get your fact straight

Coupon-mad

I am sure they do, as it's part of this business model.

So no worries; it would be for the Claimant to prove otherwise.

Sydney9

GOOD NEWS EVERYONE.

WE (I SAY WE BECAUSE THIS WAS ALL YOU GUYS) WON THE CASE!

COUPON-MAD - time to say your famous line!

Umkomaas

COUPON-MAD - time to say your famous line!

I'll do it for her ....

.... 'how about a court report?'

Sydney9

The case was listed for 10am. Judge called us in at 11. Prior to going the counsel for the other side came and spoke to me. He said he has to make a settlement offer and asked if I am interested. I said no unless you want me to pay the £1 I should have paid. He said to be aware that I will be paying more than £500 if I lose.

He said that he has been on cases where the money worth is three times more than this case but he has never read so much paperwork. He said he realised that i am very passionate about this case. I told him this is personal to me and not another job. He informed me that the Judge was an ill tempered judge. I don't know if he was saying all this to scare me.

We got called in and before the other side can begin to speak. The judge found all the issues with the case. He mainly picked up on the one sentence letter of authority and the contravt between another parking company and the leisure centre. He asked counsel how they propose to argue their case with this lack of evidence? He pointed out that my WS found all issues that he also noted.

The case was dismissed on three issues:

1. Claimant has not provided enough evidence to show they have a standing to sue

2. The signage is inadequate because the signs all stop after the first car park. He agreed that the entry and exit sign is noy enough.

3. The claimant has not provided evidence to show that I was not a member/user of the leisure centre. The burden of proof is on them and not me.

Counsel was flustered because the judge was just ripping into their lack of evidence. It was clear that counsel did not read the contract to realise it had another companies name.

In the end, counsel asked for permission to appeal as per his instructions. Judge was like on what basis? He was not happy when he heard this. He said to counsel - your client have not provided enough evidence for me to grant leave of appeal. So he ordered the appeal to be dismissed - with costs to me - no permission to appeal.

I had drafted a cost schedule as mentioned in this forum. Judge did not allow me to claim for claimants unreasonable behaviour. Instead, i was awarded costs to cover the parking, travel mileage and loss of earnings for 4 hours.
:j

Sydney9

I can't seem to send Coupon Mad a thank you message. So I will do that here - THANK YOU COUPON MAD for all your help. I would have not won this case without all your help. Thank you so much.

'Another Case Bits The Dust'.

Coupon-mad

Yay, I will join the chorus: another one bites the dust! :T

He said to be aware that I will be paying more than £500 if I lose.

He lied. That sort of misinformation shouldn't be allowed.

But this result might teach BW Legal that honest people don't take kindly to being accused of plagiarism for daring to go on this forum to win their case!

He pointed out that my WS found all issues that he also noted.

Jolly good, and confirmation that we're on the right lines when we demolish a bad WS!

Which court and which Judge?

Sydney9

Hi Coupon Mad

It was Willesden County Court.

District Judge Kumrai.

Coupon-mad

Not heard of the but what a good Judge.