County court claim from Parking and property maintenance and BW legal (own space)

rotster

Huge thanks again to everyone that posted here and helped me out.

One of the two outstanding cases was heard at court this morning and I won.

More later (after I’ve celebrated), but essentially the Judge rules that they had no business imposing/enforcing parking restrictions on my property. He refused my claim for for costs as a litigant in person, but a win is still a win.

Still one case outstanding, but the facts are the same so I’d be surprised if they don’t discontinue that now.

Thanks again and I’ll post more info later :-D

Le_Kirk

Well done! What stage are you at with the other case? If prior to defence or WS it might be worth looking up Res Judicata and citing that.

Coupon-mad

Great! ANOTHER ONE BITES THE DUST.

Well done on your result, well worth the time & effort to see off this scam.

Umkomaas

rotster wrote: »

Huge thanks again to everyone that posted here and helped me out.

One of the two outstanding cases was heard at court this morning and I won.

More later (after I’ve celebrated), but essentially the Judge rules that they had no business imposing/enforcing parking restrictions on my property. He refused my claim for for costs as a litigant in person, but a win is still a win.

Still one case outstanding, but the facts are the same so I’d be surprised if they don’t discontinue that now.

Thanks again and I’ll post more info later :-D

Well done on your win, nice result.

You now need to check out the legal term 'res judicata'.

rotster

Thanks all...have just looked up res judicata, which looks to certainly be possible here as all the facts (bar the times, of course) are identical.

The outstanding claim has just been allocated to the small claims track, but no hearing date set, so the defence is submitted, but not the witness statement. The defence alerted the Court to the the other (now resolved) claim.

Any tips on how to proceed here? Ask the court to strike it when submitting the witness statement? Write to the court before then?

Thanks again :-)

Le_Kirk

Presumably you haven't submitted a DQ yet, if not, you could try a covering note when you send that to the extent of under the doctrine of res judicata, this case should be dismissed. If that fails (since you send the DQ to CCBC not a court) you would have to rely on your WS at which point you make the same plea. However, IANAL and there are a couple on the forum who are and, if they are active, will certainly advise better.

beamerguy

Still one case outstanding, but the facts are the same so I’d be surprised if they don’t discontinue that now.

Another BWLegal spanking, well done.:j

Makes you wonder if it gives them a high ,,, getting spanked by a judge. If they don't discontinue, the next spanking is just waiting

I still fail to see why BWL continue in the parking scam, what are they trying to prove apart from pages and pages on google and a trustpilot page exposing them.
VERY POOR BUSINESS MODEL

rotster

Even I’m starting to get confused with everything that PPM and BWL have thrown at me, but in summary, there were 3 cases against me, one of which was discontinued by PPM/BWL a while back - after it emerged they’d taken a photo of the permit on the passenger seat of the car when they issued the ticket.

Today was the costs hearing for that case. I asked for around £250 on the basis that they’d behaved unreasonably. The judge ruled that they hadn’t been unreasonable (boo!) and didn‘t award costs, BUT he did award me £75 witness expenses and sent them away with their tail between their legs for not reviewing their own docs before bringing a claim.

So, a small win, but it still makes me happy :-)

rotster

So, I've had a copy of an appellant's notice that BWL have submitted to the court - they want to appeal the case that they lost. Is this something to be worried about, or is it just something they try on a lot? Any advice gratefully received as ever - many thanks.