County Court Claim Form Recieved - Excel - BW Legal

SavvySavey

Thank you, that's a handy tip. I've got my costs at just over £200.

So I think I'll submit it all later today if there are no more comments on my SA.

Thanks for all your help, and with me luck!!

SavvySavey

Hello Everyone!


So good news, I won my case. I would like to say a big thank you to everyone on here for their help.


Here is what happened.


I got to the court and waited to be called by the usher. During this time, the claimants representative approached me and introduced himself and explained that he was from a different law firm and that the claimants solicitors had appointed his firm to represent them and that as the witness wasn't there that I can't cross examine so I should address the judge. He also explained that the claim is for £100 plus £60 (which would be in the judges discretion) and interest (also in the judges discretion). He said he would also be claiming his expenses but said these generally don't get through.


Anyway, the case started and the Judge asked the claimant to start. Before he was even a few sentances in and started any actual argument the judge interuppted asking how do I know the defendant was parked at this time? This very quickly through off the claimants rep and started saearching through his notes before he pointed to the timestamps photos. Essentially the judge attacked the validity of the evidence highlighting that the time on his phone is different to that of the time on the clock on the wall. At first I thought this was overly harsh thinking there isn't really much more the claimant could have done until I realised what the Judge was asking. What he was asking was where was the Witness Statement that supported this? All he wanted was for either a WS from the Patrol Officer stating that those were in fact the times or just hear say from the claimant's WS that the PO had supported this.



He basically attacked the idea of having evidence from someone who wasn't there when the events happened. He also attached the photos as they didn't show enough. Assuming the time stamps were correct they simply show that my car was there 11 minutes. There was only one photo from the later side of that and all that showed was that my car was there and there was something on my windscreen. It didn't show what was affixed to my windscreen and it didn't show that I still didn't have a ticket in my windscreen (only that there was no ticket at the start of those 11 minutes).


He gave his judgment without calling on me dismissing the case. His reasoning given was largely based on the above. He also went further saying that if the Claimants WS had actually presented any facts from the day rather than being a very long skeleton argument focusing almost exclusively on legal arguments. He said it is for Wintesses to focus on the facts and for the court and the parties reps to focus on the law and that they don't need help with this. He compared it with my WS and other filings commenting that I had done well (thaks everyone!) and that the claimants who have plenty of experience should be able to do better and know what a WS is.



He then asked if I had any submissions in which I gave copies of my cost schedule and explained I would like costs for an unreasonable claim. He asked me why (I should have prepared more for this part) but I summarised that basically the claim presented has been insufficient right from the particulars filed right through to what the judge has said about the lack of evidence and the WS. I didn't quite say it as clearly as this but I think my point came across. The Claimant tried to defend against this saying that if porrly filed claims was sufficint to be ubnreasonable then most defences would be unreasonable to. The judge agreed with me, adding that if a claim can be dismissed without even needing to call on the defendant then it is probably an unreasonable claim.



He awarded almost all of my costs. He limited my costs of stationary and postage etc to £10 but I got everything else.


All in all a very good day. Thank you again to everyone.

Umkomaas

Umkomaas wrote: »

Not forgetting that the OP is unlikely to get any more than a couple of minutes to say anything, a Skeleton Argument, extending to over 2,500 words, runs the risk of the Judge not allowing him to say anything at all!

He gave his judgment without calling on me dismissing the case.

Guess you didn't even get a couple of minutes to say anything?

Umkomaas wrote: »

Still looks overly long. However, .....
2. The 'legal precedents' you are quoting - are you completely familiar with them so that if the Judge asked you to articulate how they impact in the context of your PCN, could you do so? You may also have a legal advocate of the claimant arguing against you on these? Did you include these (and any appropriate transcripts) in your WS?

He also went further saying that if the Claimants WS had actually presented any facts from the day rather than being a very long skeleton argument focusing almost exclusively on legal arguments.

Looks like the Judge agreed on this point:

Umkomaas wrote: »

These hearings can be over in a flash.

Seems like this was no different!

Well done on winning your case.

beamerguy

Great report and well done.

So BWLegal lose yet again, is there no stopping of this so called legal and their odd ball reps continually making a fool of themselves ?

Or is it that the courts are sick to death of the rubbish BWLegal take to court ??

nosferatu1001

Well done! What sort of figure are we talking here?

A chance of appeal I'd guess, but they'd struggle.

Redx

well done


another one bites the dust !!

Coupon-mad

SavvySavey wrote: »

...Essentially the judge attacked the validity of the evidence highlighting that the time on his phone is different to that of the time on the clock on the wall...

He basically attacked the idea of having evidence from someone who wasn't there when the events happened. He also attached the photos as they didn't show enough. Assuming the time stamps were correct they simply show that my car was there 11 minutes. There was only one photo from the later side of that and all that showed was that my car was there and there was something on my windscreen.

It didn't show what was affixed to my windscreen and it didn't show that I still didn't have a ticket in my windscreen (only that there was no ticket at the start of those 11 minutes).

He gave his judgment without calling on me dismissing the case.

...The judge agreed with me, adding that if a claim can be dismissed without even needing to call on the defendant then it is probably an unreasonable claim...

He awarded almost all of my costs.

Brilliant! WELL DONE.

Umkomaas' predictions were spookily correct.

And what a canny Judge who seems to have sussed the PPC scam. I very much like the idea of pointing out that a person's watch or phone time is different from a clock on the wall in the court, and so in cases alleging an 11 or 12 min 'overstay' that is worth saying to Judges!



I know as well, of a Horsham case won on Friday and two Brighton cases won today, back to back, by defendants local to me who sat in on each other's cases. I wasn't there but ParkingMad was.

LOL, bad luck PPCs! USELESS.

ANOTHER ONE BITES THE DUST!

:T

Umkomaas

Coupon-mad wrote: »

Brilliant! WELL DONE.

Umkomaas' predictions were spookily correct.

Like a SA township witch doctor ...... don't underestimate the power of the bones ......

Another PPC well and truly rattled!

SavvySavey

Guess you didn't even get a couple of minutes to say anything?

The case actually lasted about an hour. The mass majority of it was the claimant treying to defend that the evidence was sufficient.

And what a canny Judge who seems to have sussed the PPC scam. I very much like the idea of pointing out that a person's watch or phone time is different from a clock on the wall in the court, and so in cases alleging an 11 or 12 min 'overstay' that is worth saying to Judges!

All the judge wanted was just some sort of proof (WS or Hearsay) saying that the times were accurate. It wasn't even a matter of overstaying, just proving my car was there at the times they say.

A chance of appeal I'd guess, but they'd struggle

Going to keep my all my files just in case.


Thanks all!