*STRUCK OUT* County Court Claim Form: Car Park Management Services (CPMS) Ltd/BW Legal

Redx

DJ Iyer strikes again , woeful POC and not using the correct statement of truth etc by b w legal , plus incorrect WS , multiple breaches by qualified solicitors or their staff !!

Manchester is a parking company graveyard with more than one judge who know the score

Well done you , and up yours CPMS and also b w legal !!

Another one bites the dust !!

https://m.youtube.com/watch?v=UYQ1DSotWLg

Fruitcake

Well done on your win, especially one heard on papers alone. Usually the claimant wins those. It is good that you had such a clued up judge.

It is interesting that some of us have been commenting on the scammers' witness statements where the statement of truth begins "The claimant believes ..." and we have said it is incorrect.
This judge has instead stated that "I believe ..." is incorrect, but "The claimant believes" is so.

We need to be aware of that in the future

henrik777

5. I observe that:

(a) There is no reference to a breach of contract or trespass by the Defendant, much less to what the Defendant's

alleged breaches were.

(b) There is no identification of:

(i) The cause of action (e.g. whether the claim is brought for breach of contract, trespass or some other tort).

PCN is not a cause of action.

(ii) The registration number of the Defendant's vehicle.

(iii) The dates of the parking.

(iv) The location of the parking.

(c) Neither the fact that details of the claim may previously have been supplied to the Defendant nor the claim for contractual costs are relevant, because:

(i) Details of the claim must appear within the Particulars of Claim.
(ii) The need for pre-issue details to be sent in the form of a notice to keeper is a requirement of the Protection of Freedoms Act 2012 (at least in the case of a claim against the keeper).
(iii) The need for pre-issue details is a feature of the pre-action protocol.

(iv) The claim for contractual costs identifies what is claimed but not why it is claimed and certainly does not amount to the identification of a cause of action.

(d) In the circumstances, the Particulars of Claim fail to:
(i) "contain a concise statement of the nature of the claim", contrary to CPR 16.2(1)(a):

(ii) disclose any reasonable grounds for bringing the claim:



  

beamerguy

Well done .... another spanking for BWLegal.

Bet BWL did not get so many spankings when they were chasing real debts like gas bills. ?

Time to reflect BWLegal ?

Le_Kirk

Fruitcake said:

Well done on your win, especially one heard on papers alone. Usually the claimant wins those. It is good that you had such a clued up judge.
It is interesting that some of us have been commenting on the scammers' witness statements where the statement of truth begins "The claimant believes ..." and we have said it is incorrect.
This judge has instead stated that "I believe ..." is incorrect, but "The claimant believes" is so.
We need to be aware of that in the future

Indeed @Fruitcake, just today a witness statement was provided by a poster which had this very issue.

Snakes_Belly

Well done on your win. I read somewhere that this judge likes to hear the parking cases. It's good when  the judge that hears the case has a good understanding of the issues. 

ANorthernSoul

Thanks all. 

I wasn't entirely confident being heard on papers alone, as I felt my defence was shaky at best and very last minute. I also feel lucky as my witness statement was never submitted in the end. 

I thought the judgement was very informative and pointed out things that I hadn't been aware of going into my defence. So I hope it helps any others, as I have been helped by all of you here on MSE.

ANorthernSoul

Redx said:

https://m.youtube.com/watch?v=UYQ1DSotWLg

Nice track! Haha

Keep The Faith!

Umkomaas

Judge Iyer has this scam nailed. 

Redx

ANorthernSoul said:

Redx said:

https://m.youtube.com/watch?v=UYQ1DSotWLg

Nice track! Haha

Keep The Faith!

Definitely , be back out on the floor on a free for all with my moody woman to the driving beat on a back street at the discotheque when the night allows. 😋😋👍👍

KTF