Letter of Claim from BW Legal

Coupon-mad

And make sure the covering email says NO to a hearing on the papers, and why (see page 10 of the Telephone Hearings thread).

beamerguy

And you could add that as they are claiming an amount deemed by the courts as abuse of process, you consider their claim to be unreliable and require a face to face hearing to fully explain this

Billyrayvalentine999

As time is of the essence I thought I'd post each part as I complete it.  I've left out the date of the hearing because I don't have one yet and I've added points (e) and (f) for my reasons for it not to be heard on papers.  Feel free to comment/edit/amend. I'm sure people on here can put it far more eloquently than I can!
Thanks.

Dear District Judge xxxxxx, 

Re: Claim number xxxxxxx
Important Preliminary matter and Witness statement and evidence from the Defendant
(served by email due to COVID_19 measures)

I am the Defendant.  The appended witness statement and evidence bundle, as well as this covering email, has also been sent to the Claimant's litigation team.  In the event of directions for a future hearing in person at this court, hard copies will be provided when I have access to a printer.

Preliminary matter
I am aware that there is more than sufficient information available in this case to activate the court's duty, as set out in s71 of the Consumer Rights Act 2015 ('the CRA').  

The CRA imposes a duty upon courts in all consumer contract cases, to apply the test of fairness in s71 of the CRA and I draw specific attention to more than one breach of CRA Schedule 2, as explained in my witness statement.   Due to this, and to remove an unnecessary burden on the court, I invite the Judge who may at this stage be considering an Order for a Telephone Hearing or adjournment, to instead exercise the court's case management powers pursuant to CPR 3.4, to strike this claim out without a hearing in any format.   

This has already occurred in multiple parking claims in recent months, with duplicate reasons used by Judges sitting at courts as widely spread as Southampton, Warwick, IOW, Caernarfon, Luton and Skipton.  Failed applications with hearings attended by two barristers acting on behalf of parking firms have taken place at Skipton (February 2020, before District Judge Faye Wright) as well as at Southampton, before District Judge Grand.  I refer to my exhibit transcript of the Approved Judgement in Britannia Parking Ltd v Crosby and Anor (11/11/2019) which pays regard to the Supreme Court binding case law and the duty on the courts to invoke s71 of the CRA.

This parking charge claim has been deliberately exaggerated to reach a global sum of £160 despite the Claimant and their legal advisers being well aware by now, that such a sum is unrecoverable in parking charge cases because it is an attempt to go behind case law and statute law, and taints the entire claim.  As such, the Defendant draws attention to the Claimant's continued 'forum shopping' and their clear intention of finding victims who will pay in full without defending, or a less than competent court to allow them to claim a sum far higher than they can lawfully recover. 

Further, there has been no serious attempt to comply with the CPRs and the Claimant's incoherent, stylised particulars do not constitute compliance.  These cases unnecessarily delay and clutter court listings and represent a contemptuous and significant abuse of process.

To assist with the efficient disposal of the case, I attach an editable (Word Document) Draft Order.

For the avoidance of doubt, should the court decide against striking the claim out, I am not in agreement with the case being heard 'on the papers' because:

(a)  this claim is following the usual oppressive parking robo-claim path, with a very sparse statement of case, later followed by a case made by way of ambush, with a tendency to produce prolix witness statements, right at the death.  This places Defendants at a huge disadvantage, given the first time they see any 'evidence' is at completion of the bundle, and their only chance to point out that large parts of the evidence are completely irrelevant, is at trial.  

(b) the case of JD Wetherspoon Plc v Harris and others [2013] EWHC 1088 (Ch.) is an example of the Court using its power to limit the evidence by striking out large parts of a witness statement for abuse, because it was written by a person with no personal knowledge who recited facts based on the documents he had read.  Similarly, parking charge witness statements contain template legal argument, misleading reliance upon ParkingEye v Beavis and even more irrelevant case law, and are more designed to stand in terrorem of defendants than to assist the Court in determining the substantive issues.  

(c) Such 'witness statements' lack probative value and are very often created by freelance legal writers and 'signed' (or facsimile 'signed') by a third party who is not a witness in the true sense, and who relies upon misleading and irrelevant extracts of case law and undated, old or 'stock' images of signs, some of which are often not even present at the location in question.  

(d) In my case, I strongly believe that I must be afforded a fair opportunity to rebut the inaccuracies in the 'evidence' re the car park location/event and highlight the failure to demonstrate a prominent/legible contract, or liability, or legitimate interest.  I am the only local witness, in the true sense, and I believe that, if the claim is to be heard, a decision cannot be fairly made without a hearing in my presence.  If the claim is not struck out, I would prefer a hearing in person once the pandemic lockdown is lifted.  However, I understand that to formally ask for an adjournment would be at a disproportionate cost which is not an option for me, so I await the court's Order and Directions.

(e)  The amount claimed is deemed by the courts as an abuse of process and I strongly consider their claim to be unreliable.  A face to face hearing would provide a platform for this to be explained.  I have requested the Claimant to explain but a response has not been forthcoming.  

(f) Finally, I have concerns that I will be impeded by patchy phone signal.  I am a lay person defending myself and while the Claimant may be able to draw on their experience and know-how should their phone signal drop to keep up with the flow of the dialogue, I fear I will not be able to do so.  I anticipate that I may need to ask on numerous occasions for things to be repeated which leaves me feeling rather anxious indeed.

If the claim is not struck out, I would prefer a hearing in person once the pandemic lockdown is lifted.  However, I understand that to formally ask for an adjournment would be at a disproportionate cost which is not an option for me, so I await the court's Order and Directions.    

yours sincerely, 

beamerguy

(e)  The amount claimed is deemed by the courts as an abuse of process and I strongly consider their claim to be unreliable.  A face to face hearing would provide a platform for this to be explained.  I have requested the Claimant to explain but a response has not been forthcoming.  

I would say ....

(e)  The amount claimed is deemed by the courts as an abuse of process and as the claimant has failed to offer an explanation to their legal authority to add £60, despite requesting the same from the claimant,  may I suggest that their claim cannot be seen as reliable.  A face to face hearing would provide a platform for this to be explained. 

Billyrayvalentine999

beamerguy said:

(e)  The amount claimed is deemed by the courts as an abuse of process and I strongly consider their claim to be unreliable.  A face to face hearing would provide a platform for this to be explained.  I have requested the Claimant to explain but a response has not been forthcoming.  

I would say ....

(e)  The amount claimed is deemed by the courts as an abuse of process and as the claimant has failed to offer an explanation to their legal authority to add £60, despite requesting the same from the claimant,  may I suggest that their claim cannot be seen as reliable.  A face to face hearing would provide a platform for this to be explained. 

Thanks again @beamerguy - email updated.

Billyrayvalentine999

Guys, I've put together the draft order and I have my defence ready to go as part of the .pdf but as I've started to put together the WS using @Coupon-mad's template, I'm aware that I don't have a bundle to refer to.  

2. In my statement I shall refer to exhibits within the evidence bundle supplied with this statement, referring to page and reference numbers where appropriate. I will refer to this bundle as ‘xxxxxxx’

Looking back at the newbie advice:
Once allocated to your local court, you WILL be given a clear date by which YOU MUST file the evidence ('exhibits') and any Witness Statement (i.e. yours - YOU are the witness).
At witness statement stage (usually NOT LATER THAN 14 DAYS BEFORE YOUR HEARING!) don't forget to file the evidence you will rely upon, which should at least include:.......

Have I missed something?
Thanks.

Redx

That is your bundle , consisting of the witness statement plus exhibits and the summary costs assessment etc

Billyrayvalentine999

Redx said:

That is your bundle , consisting of the witness statement plus exhibits and the summary costs assessment etc

Phew!
Thanks @Redx

Coupon-mad

I've left out the date of the hearing because I don't have one yet 

If you don't have a hearing date, then unless an Order has told you to, you don't have to submit your WS and evidence yet.  Just the Southampton judgment 6 page order would be enough as an attachment at this stage if you have NOT been told to 'file and serve' your bundles (have you?).  Plus your Summary Costs Assessment signed & dated, with a full breakdown of the hours wasted already (pre-hearing) on this meritless case, in case the Judge is up for the idea of striking the claim out and awarding your costs.

Billyrayvalentine999

Coupon-mad said:

I've left out the date of the hearing because I don't have one yet 

If you don't have a hearing date, then unless an Order has told you to, you don't have to submit your WS and evidence yet.  Just the Southampton judgment 6 page order woud be enough as an attachment at this stage if you hae NOT been told to 'file and serve' your bundles (have you?).  Plus your Summary Costs Assessment signed & dated, with a full breakdown of the hours wasted already (pre-hearing) on this meritless case, in case the Judge is up for the idea of striking the claim out and awarding your costs.

I wish I'd read your post an hour ago @Coupon-mad
No, no order yet just the Notice of Allocation to the Small Claims Track (no hearing).  
I've put together my WS but to be frank, it needs more work so I'm glad I don't need to send it just yet!
Can I ask what would a reasonable number of hours be? I mean, let's be honest, it's you guys on here who do all the work.  I've spent a few hours "cutting and pasting" but I'm not doing the heavy lifting.  I was going to say 10 hours.  Would that be a reasonable amount?
Thanks!