BW Legal - Any help very much appreciated...

beamerguy

Redx wrote: »

Also counter claim when your defence is submitted , to stop them discontinuing , plus to make your case a costs hearing if they do

Brilliant Redx .... in your previous life, did you used to skin cats ?

didgeridoooo

Thanks again BM. I have taken up a lot of people's time learning the ropes on this thread, so I am trying to minimise further posting but I certainly will do when I get to a point I am unsure.

I have so much work to catch up on, but I have done some YouTube video production recently and I am considering a nicely scripted expose of BWL with advice for motorists who receive their bull 5hit. Just an idea at the moment. I will see, I would love to expose them as much as possible and I will be complaining to anyone who will listen.

didgeridoooo

Redx wrote: »

Also counter claim when your defence is submitted , to stop them discontinuing , plus to make your case a costs hearing if they do

That's news to me. Well I have other Defences to get writing here shortly. I will look up how to do that, I think there was a box on my court forms to counterclaim. I guess I need to start ticking that so they can't crawl back under their rock so easily, slimey swines.

didgeridoooo

beamerguy wrote: »

You could invoice them for your costs and follow it up with a letter before claim and for £25 (depending on amount) but whether they respond is a different thing.

I didn't actually realise I could do that. If I can't sue (on what basis?) for it then I suppose it's just a waste of yet more paper, but if I could back it up with anything then I would definitely send them something. Just £100 would at least cover postage, stationary and fuel (maybe).

Re the point about issuing a counterclaim at Defence stage, maybe that would be worth a mention in newbie threads?

beamerguy

didgeridoooo wrote: »

I didn't actually realise I could do that. If I can't sue (on what basis?) for it then I suppose it's just a waste of yet more paper, but if I could back it up with anything then I would definitely send them something. Just £100 would at least cover postage, stationary and fuel (maybe).

Re the point about issuing a counterclaim at Defence stage, maybe that would be worth a mention in newbie threads?

Redx is right, a counterclaim means they must attend as it's not all their case. a discontinue would be a problem for them

They have two options
1: To attempt to defend and greatly risk a judge and his wrath
2: Fail to attend and you have the judge all to yourself who no doubt will award costs plus unreasonable costs

Redx

didgeridoooo wrote: »

That's news to me. Well I have other Defences to get writing here shortly. I will look up how to do that, I think there was a box on my court forms to counterclaim. I guess I need to start ticking that so they can't crawl back under their rock so easily, slimey swines.

That's what I am talking about , it's always there , even if you ignored it with this claim , don't ignore it with any further claims , add a counter claim in with your Defence

What beamerguy is talking about is fighting fire with fire , where you issue an LBC , then a court claim , same as they did

Whats good for the goose !!

Umkomaas

But don't forget, a counterclaim must have a reason, a value and a payment of the appropriate fee to the court with your defence. It's not a question of ticking a box and hoping it causes the PPC some mayhem.

didgeridoooo

Three excellent replies thanks all. Yes I was about to say until reading Umko's last.... I can't just tick it for fun as that would be abusing the system just as they do, and I suppose it's hard to give my reason as "because i know these !!!!ers will recede into their shell at the last minute so I am covering for that"!! I think I could word up some reasons, but suspect a wise old Judge would see what I am up to, but then hopefully understand why. I would argue that their claim was never anything more than a frivolous attempt at extortion combined with abusing the system and incurring costs on me which I want the recouse to recover if they (as always) retract their toilet paper a few days before hearing.

I am happy to pay the £25 or whatever in future, at least that way they can't leave me high and dry for what they have this time, which is a lot of money we could ill afford to lose, and time we could even more ill afford to lose. I just had some bad news about a close relative so all things considered, it may be a small mercy that we no longer have to attend court next week (well, for my wife, definitely, for me... naah I was raring to go). Anyway, it's a very impotent sounding "another one bites the dust" I suppose.

Thank you all very very much from all of us here. My wife was shaking when she took the WS in the other day, she had her bag searched (VERY thoroughly, forcing open salted-up zips and all sorts!). Also, unbelievably, the security made my 9 year old boy DRINK from a bottle he was carrying. My wife said "I will drink some" and the guy said "no, he has to because he is carryin it". I despair at the stupidity of some people. How long until a front page story.... "BOY KILLED BY COURT STAFF" after an innocent young lad is given a bottle of something nasty (WATER?!) to carry into a court building and is forced to drink it by staff. It would be hilarious if it wasn't so moronic!

Well, I will have several more opportunities to see BWL in court over the next few months, so fingers crossed I get at least one day to try my hand at what I have now spent months learning how to do! Three cheers for CM, Umko, Nosfe, Bmer, RedX and God knows how many others. Huge gratitude for your advice, but more for your patience/tolerance.

didgeridoooo

PS - Guess who's got itchy fingers (and mind)? I forgot to mention that it occurred to me earlier...... I wonder how many times BWL pull out at such a late stage, I mean across the entire country. FOIA - hmmm. Might be something I look into if poss

Coupon-mad

FOI doesn't apply to them, only public bodies.