Britannia Parking Ltd (BWLegal) - County Court Claim

didgeridoooo

I read it, great stuff! Well done, nice concise Defence.
Did you raise Right of Audience, or did the Judge mention it at all?

nosferatu1001 wrote: »

its in the CPRs that email MUST NOT be used unless permission is granted.

That's interesting. Sadly because I forgot to sign my WS, I can't make an issue out of it. But considering this is a full time (serial) litigant and 'legal' company, I was surprised to see BWL served their WS on me today by email. Nothing came by post, and I have told them explicitly both in letter and I think email too, that my email address should be removed from their systems under DPA/GDPR and all comms must come by postal letter only. They ignored that for both D and WS, obviously need to cut costs losing all these cases . As I said, I boo-bood myself so I can't make a big deal out of it, but just another reminder how unprofessional they are. (I posted them a hardcopy of all docs yesterday which at least shows willing.)

It now remains to be seen if Truro Judges have caught on to DJ Grand, CRA etc, will find out very soon. Well done again, I do love a happy ending

yettoexist

didgeridoooo wrote: »

I read it, great stuff! Well done, nice concise Defence.
Did you raise Right of Audience, or did the Judge mention it at all?

I didn't, no. I didn't know that was a thing until I googled it. Obviously the judge did not feel the need to raise it, else I'd have been stumped in that regard.

didgeridoooo wrote: »

That's interesting. Sadly because I forgot to sign my WS, I can't make an issue out of it. But considering this is a full time (serial) litigant and 'legal' company, I was surprised to see BWL served their WS on me today by email. Nothing came by post, and I have told them explicitly both in letter and I think email too, that my email address should be removed from their systems under DPA/GDPR and all comms must come by postal letter only. They ignored that for both D and WS, obviously need to cut costs losing all these cases . As I said, I boo-bood myself so I can't make a big deal out of it, but just another reminder how unprofessional they are. (I posted them a hardcopy of all docs yesterday which at least shows willing.)

It now remains to be seen if Truro Judges have caught on to DJ Grand, CRA etc, will find out very soon. Well done again, I do love a happy ending

I was surprised to see their WS served via email, but I didn't bring it up as it was well within my interest to serve my WS back to them via email (I don't have a printer!).

The only thing I would have done differently is to have delivered my WS to the county court in person. I sent it to the email address, received an auto-acknowledgement back and forgot to chase it up before the hearing date. Luckily the Claimant's Rep had a copy of my WS so the DJ could have a quick read. She was more concerned that my WS had been served to the Claimant within time.

Coupon-mad

The only thing I would have done differently is to have delivered my WS to the county court in person

Absolutely correct. Courts lose WS and if you email them they WILL NOT print pages of stuff, and will expect properly filed hard copies to arrive.

Challenging Rights of Audience is not recommended on this forum these days, digeridoooo. Avoid getting the Judge's back up, we've tried it enough to know a Judge will normally frown at the suggestion and people feel they are on the back foot. Even if they consider the rep's RoA they have discretion to grant it. And they do.

Nope, stick to your defence and blasting the PPC's useless 'evidence' like yettoexist did.

:T

yettoexist

Coupon-mad wrote: »

Absolutely correct. Courts lose WS and if you email them they WILL NOT print pages of stuff, and will expect properly filed hard copies to arrive.

Challenging Right of Audience is not recommended on this forum these days, digeridoooo. Avoid getting the Judge's back up, we've tried it enough to know a Judge will normally frown at the suggestion and people feel they are on the back foot.

Nope, stick to your defence and blasting the PPC's useless 'evidence' like yettoexist did. :T

True - I feel lucky that the DJ used discretion when it came to my WS not being on paper ready for reference. I did take a copy on my iPad just in case I had to email it over.

Also with the costs schedule, don't push too hard for Litigant in Person costs. I was grateful to just receive loss of earnings (a payslip wasn't asked for) I just said I was a contractor that works 20 miles away and had to take a full day off work to attend.

Waiting for the letter from the court so I can scan and upload for use with the list of BWLegal failures thread or any other similar Milton Keynes cases. :T

didgeridoooo

Coupon-mad wrote: »

Challenging Rights of Audience is not recommended on this forum these days, digeridoooo.

- Ah, thanks. I read some threads which seemed quite recent and recommended it. I certainly don't want to get J's back up, but I was geared up to mention that I wanted to question the BWL witness, and it pi55es me off somewhat as the ordeal we will have because my wife MUST be there (little one in arms, kids outside), but they can send some local clerk with no specific knowledge whatsoever. I will let it go, at least unless the Judge brings it up or hints that I should. Grr. Thanks.

yettoexist wrote: »

Also with the costs schedule, don't push too hard for Litigant in Person costs. I was grateful to just receive loss of earnings (a payslip wasn't asked for) I just said I was a contractor that works 20 miles away and had to take a full day off work to attend.

I will just ask. Trouble is, a housewife doesn't have any earnings to lose so LiP is all there is. I won't push that though, my wife will be very happy to just walk out a winner if at all possible. Especially after she went to the court today to sign WS and messaged me saying "it's scary, it's a proper court"!

didgeridoooo

Hey yettoexist... did you (and BWL) file a skeleton? If so, how close to the hearing did you file yours?

yettoexist

didgeridoooo wrote: »

Hey yettoexist... did you (and BWL) file a skeleton? If so, how close to the hearing did you file yours?

Hey, sorry I've been off the forum since last week.

I'm not sure if mine was a skeleton, but I filed a standard defence and WS in terms of length. My original defence was templated but adapted towards the PaybyPhone app failure, which ultimately decided my case in the eyes of the DJ.

Not sure if that helps!

didgeridoooo

Yep that answers my question, thanks

yettoexist

Finally received the Court Order through, it was a Deputy District Judge McDonagh, no idea why I couldn't remember.

Scan of order if anyone is interested:

https://drive.google.com/open?id=1vteU_CJR367BSBaI24OnBXEoi5pN6roL

Coupon-mad

Nice one - frame it!