Britannia/BW Legal Claim Form

KeithP

jackpot_spaniel wrote: »

I'm assuming the judge will have copies of my Defence and Witness Statement to hand, so these do not need to be included in the bundle?

They need to be included in your bundle. You will need to refer to them.

The judge will only have your Witness Statement 'to hand' if you include it in the court's bundle.

Le_Kirk

The judge will have your defence (as that was submitted to CCBC some while ago) and you are delivering (by hand is best) to your local court where the case will be heard, your WS, evidence and costs schedule, so yes the judge will also have that BUT as C-m says take a spare just in case. Don't miss your deadline for delivering to the court and claimant.

jackpot_spaniel

At present my bundle is coming in around 150 pages. I've included the whole of the BPA CoP, should I only include the relevant pages?

Coupon-mad

Definitely. And no printing the Beavis case, nor the PCN, debt letters, etc.

150 pages is too much for a small claim and might alienate the Judge.

jackpot_spaniel

I've already served it on BW Legal by email, but I'm assuming I can edit it and go back to them with the final?

I've actually just received BW Legal's bundle, which includes the PCN, some of the correspondence, and the relevant BPA CoP pages...

They still wish to recover the additional £60, and say that it's stated within the Ts&Cs...

Coupon-mad

They still wish to recover the additional £60, and say that it's stated within the Ts&Cs.

I am sure they do. Makes no difference even if the £60 was on the signs and even though the CoP says they can add it. The CoP being written by the PPCs, for the PPCs!

Legally, you will be arguing that they cannot add sums that they are not entitled to, due to the Beavis case, paras 98, 193 and 198 (where it clearly says the £85 parking charge more than covered the minimal business costs of the operation of automated letters throughout) and due to the POFA 2012 which makes it clear that the sum to be recovered is capped at the parking charge sum as stated in the NTK and that double recovery is not allowed.

Basically they can't charge more for the letters, which are already paid for by the parking charge itself (which after all, has already been increased once the discount for early settlement disappeared).

beamerguy

jackpot_spaniel wrote: »

I've actually just received BW Legal's bundle, which includes the PCN, some of the correspondence, and the relevant BPA CoP pages...

They still wish to recover the additional £60, and say that it's stated within the Ts&Cs...

Just goes to show how stupid BWL are ..... the CoP is only for the PPC's, it's not the law and IT'S NOT FOR THE MOTORIST

What is the la, is POFA2012 which BWLegal fail to obey

What BWL legal are doing is ABUSE OF PROCESS to which judges have told them

jackpot_spaniel

Well done to Coupon-mad and others on the 11 November - I'll certainly be taking the relevant pages of the Consumer Rights Act 2015 to my hearing on Friday.

I'm preparing my costs schedule and had a few questions:

1. It seems a bit odd to write costs down that I'm not sure about yet (such as parking on the day of the hearing) - do these get clarified later, or do you just make a best guess?

2. Can I take the costs schedule with me on the day, or do I have to serve it on the Court and Claimant before the hearing?

3. What are the circumstances under which I can claim 'unreasonable behaviour'? Is it only if the Claimant withdraws the claim before the hearing; or can I argue that their non-compliance with the Pre-Action Protocol for Debt Claims, abuse of process and attempts at double recovery are enough?

Draft below:

---

IN THE COUNTY COURT AT READING

CLAIM NO. X

BETWEEN

BRITANNIA PARKING GROUP LIMITED (Claimant)

-and-

X (Defendant)

---
DEFENDANT’S SCHEDULE OF COSTS
---

Ordinary Costs
Loss of leave, pursuant to Civil Practice Direction 27 Paragraph 7.3(1), incurred through attendance at Court on 15/11/2019 – £95.00
Return mileage from home address to Court (7 miles at £0.45 per mile) – £3.15
Parking near Court – £5.00

Sub-total £103.15

Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)
Research and preparation of documents (8 hours at Litigant in Person rate of £19 per hour) – £152.00
Delivery of documents to Court (mileage as above, plus £1 parking) – £4.15
Postage of documents to Claimant – £6.60

Sub-total £162.75

TOTAL COSTS CLAIMED – £265.90

Do I have to sign and date it at the end?

Coupon-mad

LOL, it's Britannia, same as on 11th!

If this is Reading, maybe beamerguy might offer to go and watch this one?

1. It seems a bit odd to write costs down that I'm not sure about yet (such as parking on the day of the hearing) - do these get clarified later, or do you just make a best guess?

Yes you guess. CEC16 guesstimated his mileage and £5 for parking.

2. Can I take the costs schedule with me on the day, or do I have to serve it on the Court and Claimant before the hearing?

File & serve it now, this week, by post, and keep proof and take it with you. NOT 'signed for'! Just a free 'receipt ' cert of posting at the PO counter.

3. What are the circumstances under which I can claim 'unreasonable behaviour'? Is it only if the Claimant withdraws the claim before the hearing; or can I argue that their non-compliance with the Pre-Action Protocol for Debt Claims, abuse of process and attempts at double recovery are enough?

Have a list as long as your arm with you of everything they did wrong in pre-action comms and since the claim was filed, and in unreasonably pursuing a claim that is 60% above the sum that case law & two statute laws, lets them potentially seek to recover.

Be aware that para 71 of the CRA puts a duty on the court to consider the fairness of a term or consumer notice, whether or not the consumer raises it earlier. You can ambush with the CRA on the day, you are allowed (I did).

Oh, and if they say the CRA cannot apply due to the issue being about a 'price term' that is exempt, the answer is this:

The CRA Guidance from the CMA (read it and print some) says that consumer notices are NOT exempt, ever. Fine the words about that, just in case.

jackpot_spaniel

Thanks for the advice, I have everything printed out ready.

I will have to email the costs schedule, as the hearing is coming up to 24 hours away...

unreasonably pursuing a claim that is 60% above the sum that case law & two statute laws, lets them potentially seek to recover.

Technically 110%, as they are also attempting to claim £50 of 'legal fees' - triple recovery? Have we seen this before? I'm assuming CPR 27.14 is my friend on that one, as well as POFA, Beavis and the CRA...