PCN escalated to Court proceedings **EDIT - I WON**

Littlewadie

So getting to that time again, my telephone hearing is coming up soon, any further advice I need to know before I go into this?
Is there a page where it explains the procedure for telephone hearings, I have skimmed through the newbies thread and not picked up on anything, I know I have the letter from the court saying what would happen but I am looking for advice as to how they are handled at the moment.
So a supplementary statement, I handle this the same way I did the first WS, I am not sure what to include in this, do I include the extra debt letters, the articles, the popla decisions, anything else?
Revised costs, do I fill in a whole new one to add to the first or just amend the first one to include costs for new hearing?
A Skelton argument, should I do one, do I need one, Is it just for me to know what I am disagreeing with and don't have to send to the court?
As I have already had a court date and appeared in court and had it adjourned, the court already has a copy of my initial paperwork, I am guessing even though it said to send everything to the court prior to the hearing, this was just a standard letter and I don't have to re send as they have already got it? I am just emailing the additional stuff right?
Sorry if this has been covered already, if anyone has any links that would be appreciated, many thanks.

DoaM

Have you checked out the Telephone Hearings thread?

Coupon-mad

As I have already had a court date and appeared in court and had it adjourned, the court already has a copy of my initial paperwork, I am guessing even though it said to send everything to the court prior to the hearing, this was just a standard letter and I don't have to re send as they have already got it? I am just emailing the additional stuff right?

No, email EVERYTHING including your defence, on the assumption the Judge might be working from home.

Littlewadie

DoaM said:

Have you checked out the Telephone Hearings thread?

Yes I have now thanks, I just looked in the newbies thread.

Littlewadie

Coupon-mad said:

As I have already had a court date and appeared in court and had it adjourned, the court already has a copy of my initial paperwork, I am guessing even though it said to send everything to the court prior to the hearing, this was just a standard letter and I don't have to re send as they have already got it? I am just emailing the additional stuff right?

No, email EVERYTHING including your defence, on the assumption the Judge might be working from home.

So, I have read the telephone hearings thread, I can not condense my WS as it is all relevant can I, so I send my whole WS, my supplementary statement - to include popla appeal, Norwich case article, debt letters & emails between myself and PP Legal, and a revised costs or a new cost assessment to add to my previous one submitted?
So am I reading it right that, I email everything to BW to submit to the court or I email to both the court & BW legal myself?
Thanks in advance

Fruitcake

I haven't read back through the whole of the thread yet, but since the PCN was from 2014, and the BPA CoP from that time applied, I'm fairly certain there was nothing in that CoP allowing the scammers to add £60/debt recovery costs etcetera.

In addition, claiming interest from the date of the alleged event when they failed to commence a claim until years later is unreasonable.

Coupon-mad

Yes, send everything but you can merge PDFs into one PDF (it is easy using a free online PDF merger).

So am I reading it right that, I email everything to BW to submit to the court or I email to both the court & BW legal myself?

If the Order says that the legally represented party must submit an 'agreed bundle' then send it to BW. 

If not, you email it to the court with your phone number for the telephone hearing, then remove your phone number from the email, by forwarding a (phone number redacted) version of the same email and attachments to BW.

If it is a telephone hearing, put in the subject line:
FOR TELEPHONE HEARING - date, time of hearing & the claim number - Defendant's bundle

beamerguy

As Fruitcake says above, it's a 2014 ticket and well prior the Beavis case and before. the BPA CoP
(which has changed many times), now wrongly advises parking firms to break the law.. You know the laws they go against anyway.

I hope you have read this thread whereby BWLegal won a set aside recently.  
https://forums.moneysavingexpert.com/discussion/6174939/abuse-of-process-bw-legal-win-appeal-against-strike-out#latest

You are going to need a crib sheet.  No doubt that the legal will refer to the above.
Before you read it, I must tell you, you will read total nonsensical gibberish about Coupon-mad.
This is a childish feeble attempt by BWLegal because, and rightly so, they are scared stiff of her.

If they make mention of the appeal and the Beavis case, the judge will know that the Beavis case was in 2015, a gentle reminder from you.  Whatever the appeal judge said in 2020 is not applicable to a 2014 ticket .....  there is more .....
BWLegal are claiming contractual costs of £60 in your case.  BWLegal have tried all sorts of words to substantiate their fake £60 ..... . contractual costs is one of them ?? so are Admin costs

BUT you will see in the link above BWLegal say .....
We have, in some circumstances, seen that some firms are increasing the PCN value citing administrative charges. We would not condone this as no person or entity should be charging over and above what is stipulated in the relevant code of practice.

Over charging was not in the code of practice in 2014 and is still unlawful.

In your crib sheet you must question BWLegal on the above points. 

BWLegal only joined the great parking scam a couple of years ago, they are failures, ?
DO NOT let them bullsh*t you or the judge
IE: do the signs in 2014 mention a contractual charge ??? of course not 
WHY ???  in 2014 the £60 scam was not conceived

THIS IS ABUSE OF PROCESS BY BWLEGAL

Umkomaas

BWLegal are claiming contractual costs of £60 in your case.  BWLegal have tried all sorts of words to substantiate their fake £60 ..... . contractual costs is one of them ?? so are Admin costs

There will have been no mention of 'contractual/admin costs' on signage in 2014. If they are claiming add-ons, you must ask them to produce dated signage from the time of the parking event. That will help head off any reliance on the appeal case above. 

beamerguy

Umkomaas said:

BWLegal are claiming contractual costs of £60 in your case.  BWLegal have tried all sorts of words to substantiate their fake £60 ..... . contractual costs is one of them ?? so are Admin costs

There will have been no mention of 'contractual/admin costs' on signage in 2014. If they are claiming add-ons, you must ask them to produce dated signage from the time of the parking event. That will help head off any reliance on the appeal case above. 

100% guess BWLegal are doing a bit of Californian dreaming again