Another win for MSE

Le_Kirk

Chefdave said:

I just received an email back from BW Legal who said their client would be willing to settle for £160, depending on how my WS goes I might accept

Wow, big of them, considering that £60 of that is unrecoverable "debt collection costs/admin".  Why not write back with a counter offer of, say ...... oo er, £0.  Along with the advice here and the advice from your ex-barrister friend, you could have written your WS by now.

D_P_Dance

Tel them to go forth and multiply .  The maximum the law allows is £100, have you read this? 

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

If you pay them £160 you may be contributing to organised crime.  Do you really want to fund white slavers and people smugglers?   

Coupon-mad

Please don't pay £160, that defeats the entire object and is funding the scam against the next victim. 

What your barrister friend said is good advice, and no different than we've been saying!  Your main WS should be simple and with evidence exhibits and photos/copy of the permit, etc., attached as proof to support your words.  

Then we say, attach:

(a) a summary costs assessment, to claim your costs when you win, and
(b)  a template 'supplementary WS' like @keypulse did, about the false added £60, with a copy of DJ Grand's ruling from November 2019 (the 6 page approved judgement that's linked in the template defence thread I started in February) and Schedule 2 of the Consumer Rights Act (2 pages) with paras 6, 10 and 14 highlighted.
(c) a contents page on the front, referring to all the numbered pages and exhibits.

Chefdave

OK I've gone back and rewritten my ws - if I could have some feedback that would be very helpful thank you

In the County Court at XXXXX
Claim No. XXXXXXXX
Between
Countrywide Parking Management LTD (Claimant)
and
Chefdave (Defendant)

Witness Statement

1. I am Chefdave, of [Address], [Postcode], the Defendant in this matter. I will say as follows:

2. My girlfriend and I had been staying in XXXX guesthouse at the time of the alleged contravention and attach the receipt for the booking as CD/01, the guesthouse have use of car park in question.

3. On [DATE], I checked in at around 9pm and purchased a 24 hour permit to park from the guesthouse. My vehicle; registration no, XXXXX was subsequently parked in the car park until approximately 3pm the next day (I can use Google timeline evidence here if necessary) We spoke with the guesthouse on the morning of our departure and they confirmed we were fine to remain in the car park while we had a look around Southampton as my girlfriend had a job offer there and we both wanted to get a feel for the city.

4. Although the vehicle was removed from the car park within the 24 hour window I was nevertheless issued with a parking charge notice (PCN), the reason given on the PCN was that there was “No Permit Displayed”

5. As can been seen from one of their photos - although they’ve attempted to obscure it by taking it from an acute angle – the permit we purchased was visible on the dashboard (shall I include their picture in my own evidence pack here?). It would have been clear to whoever had taken the photos that there was a permit on the dashboard, so I don’t know why the claimant decided to issue a PCN and subsequently pursue vexatious litigation and chase me through the courts on the basis of there being “No Permit Displayed”

6. As I understand it the car park is a communal one shared by several businesses, mainly budget B&Bs. But it is very poorly marked out and in a state of some disrepair, other than a sign at the front saying “private car park” which wasn’t applicable as we were authorised to be in the car park, there’s very little in the way of clear signage or road markings which indicate which businesses have jurisdiction over which sections of the car park. If there was an issue with where I parked it was never made clear either in the signage or indeed the claimant’s claim. (I can include a Google streetview shot here)

7. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Signature
Date

Redx

1) its a WS , you called it a defence , its not

2) you should reference exhibits like photos giving them the code of initials plus a number , such as GF01 , GF02 etc if the defendant is GEORGE FRITH or GEMMA FELLOWES or CD/01 , CD/02 for Chef Dave

the summary costs assessment should be one of these exhibits and so may be say GF/06 or CH/06 or whatever

so this is not just a WS , its the WS + eXHIBITS + SUMMARY COSTS ASSESSMENT , a "bundle"

ps:- I thought the girlfriend was the defendant ?? , so unless you are both female its "my boyfriend and I" , unless that is a different case on here ? (reading so many its easy to get muddled up)

check your words carefully, because they are HER words if SHE is the defendant , YOUR words if YOU are the defendant

and read the post by coupon mad above , where she tells you what to include in the bundle, which is more than CD/01 , include the photos you talk about for example, plus the SCA I referred to

Chefdave

Redx said:

1) its a WS , you called it a defence , its not

2) you should reference exhibits like photos giving them the code of initials plus a number , such as GF01 , GF02 etc if the defendant is GEORGE FRITH or GEMMA FELLOWES

the summary costs assessment should be one of these exhibits and so may be say GF006 or whatever

so this is not just a WS , its the WS + eXHIBITS + SUMMARY COSTS ASSESSMENT , a "bundle"

ps:- I thought the girlfriend was the defendant ?? , so unless you are both female its "my boyfriend and I"

check your words carefully, because they are HER words if SHE is the defendant

and read the post by coupon mad above , where she tells you what to include in the bundle, which is more than CD/01

I still don't know which evidence to include. Is it worthwhile including screenshots of my Google timeline showing my entry and exit times? Do I need to include their photo which shows the permit as one of my exhibits? Also should I include the Google streetview photo?

I've not looked into the summary cost assessment yet, I'll have a look at the other things you and C-M mentioned this weekend. I need to get this ws sorted first. 

My girlfriend booked it but I drove as she doesn't have a licence and its my car

Redx

include every exhibit that supports your case, no matter the source, you have to back up your statement with evidence , like you might say "I was born on 11 sept 2001 and here is a copy of my birth certificate CD/02" for example

you should have referenced CD/05 or whatever number as your SCA even if you havent written it yet

YOUR WS REFERENCES ALL EXHIBITS EVEN IF THEY ARE NOT DONE YET

ok , so its your vehicle , you are the keeper, you are the defendant so its your WS , the talk about your GF is incidental apart from her being a witness , in which case you may want her WS and add that to the bundle and reference it with CD/07 or whatever number

Chefdave

Redx said:

include every exhibit that supports your case, no matter the source, you have to back up your statement with evidence , like you might say "I was born on 11 sept 2001 and here is a copy of my birth certificate CD/02" for example

you should have referenced CD/05 or whatever number as your SCA even if you havent written it yet

YOUR WS REFERENCES ALL EXHIBITS EVEN IF THEY ARE NOT DONE YET

ok , so its your vehicle , you are the keeper, you are the defendant so its your WS , the talk about your GF is incidental apart from her being a witness , in which case you may want her WS and add that to the bundle and reference it with CD/07 or whatever number

Yes the exhibits will be labelled up in the final draft but is the content of this one OK in your opinion?

Chefdave

Hi,
Can I use the fact that I offered them £100 to settle out of court (and save everyone's time) which they declined as evidence of their unreasonableness in my witness statement?

Coupon-mad

No you are not allowed to mention offers made on a 'without prejudice' basis between the parties.