Claim Form received from BW Legal (Britannia)

s7huj

Did you also serve the bundle on the claimant, as required?

The court wont tell you they have recieved it...

Yep did that and kept evidence of the recepit.

ANYWAY

So hearing was today ...

We ran up to the hour alotted and a lot of time was spent analysing POFA 2012 and the fact that I claimed it hadn't been properly followed by the claimant. The solictor representing the claimant was unable to demonstrate that POFA 2012 had been followed, in particular the period in which an NTK must be issued and that it must mention that the creditor will pursue the keeper after 28 days.

The judge was unhappy that I was unwilling to provide the name of the driver and has adjourned the hearing to allow the claimant to provide evidence that POFA 2012 was followed (despite me providing very clear evidence it wasn't!). He said it could have all been resolved today had I provided the name of the driver and that I was acting unreasonably.

Bit of an odd experience, it's like the judge hadn't reviewed anything we had submitted and was complately unaware of POFA 2012.

s7huj

Judge adjourned for soonest date after 35 days.

[Deleted User]

He said it could have all been resolved today had I provided the name of the driver and that I was acting unreasonably.

True - but only because the PPC then wouldn't have to rely on PoFA. The correct answer is that it is up to the claimant to prove who is driving - and most template defences put them to proof on exactly that point (and PoFA).

mixMZ

Can you tell us the name of the Judge?

I understand it was Southampton Court?
Got very similar case next week...

s7huj

Judge Sparrow.

Claimant has now submitted Notice of Discontinuance ...

Redx

well done


ANOTHER ONE BITES THE DUST !

beamerguy

s7huj wrote: »

Judge Sparrow.

Claimant has now submitted Notice of Discontinuance ...

Really ?

Proving that they do not want to defend ABUSE OF PROCESS

s7huj

Unfortunately (not knowing exactly how the hearing process works / and no disrespect to Judge Sparrow), the Judge really didn't seem to understand ANYTHING about private parking and charge notices. He was unfamilair with POFA too.

Anyway, yes, another one bits the dust! - largely thanks to the kind and helpful community on this forum. So thankyou again.

I did submit a cost schedule, what happens with this? Whilst I'm not desperate to pursue it, it does seem nuts how much time I wasted on this

beamerguy

s7huj wrote: »

Unfortunately (not knowing exactly how the hearing process works / and no disrespect to Judge Sparrow), the Judge really didn't seem to understand ANYTHING about private parking and charge notices. He was unfamilair with POFA too.

Anyway, yes, another one bits the dust! - largely thanks to the kind and helpful community on this forum. So thankyou again.

I did submit a cost schedule, what happens with this? Whilst I'm not desperate to pursue it, it does seem nuts how much time I wasted on this

It does not follow that the judge did not understand, some of them are very smart and he maybe wanted to see how BWLegal handled this. In the end BWL understood they would get a whooping, hence they bowed out

KeithP

You should've raised the issue of your costs with the Judge after the Judgment had been made - whilst still in the court.

I fear you may be too late to claim costs now.