Driver observed leaving site whilst vehicle remained parked on premises

Coupon-mad

OK so seize the chance while it is on a Judge's desk, TOMORROW BY FIRST CLASS POST TO THE COURT, to send the Judge your costs schedule for a 3 figure sum and a copy of the BW Legal letter that said this:

9.We would like to bring to your attention the enclosed extracts from a widely known online forum.You will no doubt recognise the same .
10.We are concerned by the conduct you are taking, and in consideration of the above your defence is liable to be struck out.
11.There are clearly serious concerns regarding your credibilty as a defendant, and the allegations made in your defence coupled with the contents of the enclosed online forum obeservations.
12.It is our client's position that you have no real prospect of successfully defending the claim.

Tell the Judge that this intimidation of a LiP must surely cross the line of 'wholly unreasonable conduct' by this Claimant and their legal advisers, for which there is no justification or reasonable explanation, especially given the Notice of Discontinuance that followed, when you did not fold. How many other consumers are they stalking around online forums and threatening like this, you wonder, and you believe this is an opportunity to send the Claimant and BW Legal a clear message and sanction, using the court's powers under the CPRs.

Then ask for your costs on the indemnity basis (not the standard basis) at the LiP rate of £19 per hour, and you believe you have spent some 25 hours thus far in reading the threatening letters, seeking online advice and reading the Beavis case and the POFA 2012 as well as the significant distress of receiving that letter telling you that you had no case and must not post for help on MSE forum. Say that you believe the court can use its discretion under the CPRs to award punitive costs where the other party (even at this stage after discontinuing and before any hearing) has behaved in a wholly vexatious way, and that there is no excuse, given the Claimant is legally represented and knows better than to play fast & loose with the court system and unprepared LiPs.

Send it off. Include printing and postage costs too.

Send a copy to BW Legal as well in the interests of openness.

Smaru

Thank you for detailed reply, Coupon-mad. Greatly appreciate the time taken.

Couple of queries:
1.Will I need to do the witness statement, or is that part of the procedure over when the claimant sends the notice of discontinuance ?

2. Not sure what the abbreviations LiP and CPR are.

Umkomaas

Smaru wrote: »

Thank you for detailed reply, Coupon-mad. Greatly appreciate the time taken.

Couple of queries:
1.Will I need to do the witness statement, or is that part of the procedure over when the claimant sends the notice of discontinuance ?

2. Not sure what the abbreviations LiP and CPR are.

1. I’d check with the court that it is formally discontinued, then a WS won’t be necessary. If they can’t confirm, you need to cover yourself against a default CCJ by ploughing on with the WS.

2. LiP = Litigant in Person. CPR = Civil Procedure Rules

Smaru

Thank you, Umkomaas

The_Deep

If you do not get unreasonable behaviour costs consider a letter before action, they have wasted your time, now waste theirs.


https://www.rocketlawyer.com/gb/en/sem/letter-before-action?msclkid=22b0ca64a11d1ead88bc97d676e08f1e&utm_source=bing&utm_medium=cpc&utm_campaign=BSN%20-%20Letter%20before%20action&utm_term=letter%20before%20action%20template&utm_content=Exact%20-%20Letter%20before%20action


you then have up to six tears to take them to court.

Smaru

Thank you for the suggestion and the link,The Deep.

Smaru

Thanks again everyone. Have now received confirmation that the hearing is vacated.
Sincere gratitude to all the forum members.Couldn't have done this without you.

Umkomaas

Smaru wrote: »

Thanks again everyone. Have now received confirmation that the hearing is vacated.
Sincere gratitude to all the forum members.Couldn't have done this without you.

Nice one. :T

ANOTHER ONE BITES THE DUST

Coupon-mad

Well done but you missed out on getting 3 figures in costs!

Smaru

Coupon-mad,yes,if I had posted on the forum a little earlier,the letter would have gone off in time ....However, I am just so glad this is over.

Will be writing to my MP about the ordeal.Also, will spread the word about the extraordinary support received on MSE.