Britannia Parking Ltd (BWLegal) - County Court Claim

yettoexist

No worries, I can understand from your point of view security-wise.

For the sake of time, I'll use the same method and state that it must be acceptable.

Right, time to get on with it and printing

Thanks again.

yettoexist

Notice is hereby given pursuant to CPR 27.9 (a) & (b) that our client will not be in attendance at the hearing and wish for the Court to decide the claim in their absence. Please note that our client will be represented by an advocate.

I assume this is a standard speak that a rep will be attending and not Britannia?

nosferatu1001

Of course it is.
they dont want to send someone along who can actually be cross examined and it be shown that theyve usually told a pack of lies. they hide behind an advocate.

I would make sure you have proof WITH YOU on the day of court that shows the Bundle was served on the claimant.

Coupon-mad

I am concerned. I reckon you've missed a trick due to your absence, hope I am wrong.

You've not been here since August and didn't show us your WS.

Unless you've been keeping up with the forum (I hope you have) you've perhaps missed reading what happened in a BW Legal/Britannia case in Southampton that you can use in your own case (read the thread by CEC16 urgently) and you may have also missed that we always now tell people to file & serve their costs schedule in advance, too.

If I am right and you just sent a normal WS and photos, you've missed some big stuff that you will now need to address next week with a skeleton argument about the CRA 2015 et al, and your costs schedule.

Search the forum for skeleton argument CRA 2015 and find one to crib from.

yettoexist

Coupon-mad wrote: »

I am concerned. I reckon you've missed a trick due to your absence, hope I am wrong.

You've not been here since August and didn't show us your WS.

Unless you've been keeping up with the forum (I hope you have) you've perhaps missed reading what happened in a BW Legal/Britannia case in Southampton that you can use in your own case (read the thread by CEC16 urgently) and you may have also missed that we always now tell people to file & serve their costs schedule in advance, too.

If I am right and you just sent a normal WS and photos, you've missed some big stuff that you will now need to address next week with a skeleton argument about the CRA 2015 et al, and your costs schedule.

Search the forum for skeleton argument CRA 2015 and find one to crib from.

Hi Coupon-mad,

Thanks for your reply. I can confirm I have been keeping tabs on all of your hard work keeping the Abuse of Process thread up to date. I have used all of the information you have complied as of 06/01/2020 and incorporated it into my WS. With relevant para numbers of course.

This has been serviced to both Milton Keynes County Court and BWLegal before 4pm today.

It wasn't as detailed as I would have liked but I didn't want it to be deemed as served late.

Coupon-mad

Great, and costs schedule? If not, that can follow by post, no deadline as such.

yettoexist

I did forget in haste, but I will have a search around for a suitable format. Is it something that has to be served before the hearing date or something I can present on the day?

KeithP

yettoexist wrote: »

I did forget in haste, but I will have a search around for a suitable format. Is it something that has to be served before the hearing date or something I can present on the day?

Best to get it to the court and claimant at least 2 - 3 days before the hearing.

Take a payslip on the day to prove your loss of earnings for attendance at the hearing.

yettoexist

Thanks, I'll let you know the outcome after the hearing.

yettoexist

Just a quick note to say that my case was heard today at Milton Keynes County Court.

Good news, it was dismissed by the District Judge! The claim was dismissed as I had provided enough evidence to suggest that I would have extended the parking time if the PayByPhone app had been working correctly on the alledged day.

The bwlegal rep was polite and said he had travelled all the way down from Nottingham, not sure if that was true or not though.

The judge also awarded the full £95 in loss of earnings and £2 in mileage / £2 for parking near court. No costs were awarded for Litigant in Person rates.

Also another point, it was dismissed even before it got to the £60 add-on, which I'm not sure if that's a shame or a good thing.

I'll update when I receive the court order through to help anyone else in a similar circumstance. Overall not as nervous of an experience as I had originally thought!