Defence - Countrywide Parking Management & BW Legal

jrhys

thanks - I recently went to see what the signage was like there. Is there anything here that inclines you to suggest any changes to the defence? if not, Any suggestions on how best to include the information later in the process?

I can attach / link photos if they would help.

There is no sign on the entrance to the parking area. There are two signs in the parking area, both unlit, both c. 2 stories up with text size ranging from just readable to not at all readable from inside the car. Neither of these signs would be visible on the path I took on the day, from parking to walking to work and back again. There are now marked bays in the space I parked that was deemed "outside of the parking area".

Anobourton

HI can someone advise me my wife has received a CCJ on the 2nd March from Countywide Parking, we phoned the company and paid today so it will come off her file, thing is that it was from her old work car park where she had a permit to park and was displayed always, we had no letters of action at all. Is there anything that can be done to reclaim the money from them ?

nosferatu1001

@Anobourton
Do not post further in here. This is NOT your thread. 
How, precisely, did you find out about the CCJ? For example did you get a notice of default judgment? 
By "them" do you mean
- Countywide parking 
- Employer?

Your only route for the former is a set aside, for the latter, shrug. It will depend on what cause of action you have against the employer. 

jrhys

Yesterday I received the witness statement from BW Legal. Last night I had the usual 'why am I doing this for the sake of £250' when I read through the 93 paragraph document plus appendices, but I'm feeling much better this morning. I'd really appreciate help with drafting my own - theirs is pretty scathing, using the customary 'you've just copy-pasted this off some forum <with link>'.

I'm a little bit confused as to why they've sent a WS at all as I have not received anything from the courts outlining a hearing date. I did receive the 'Notice of Allocation to Small Claims Court' on 2nd March that had the line:
"6. Both parties having agreed to the claim being disposed of without a hearing, the following Directions apply to this Claim:
1) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely no later than 4pm on 1 April 2021".

However, I responded to that notice, via the attached form, saying that I did not want the case heard on the papers, and therefore had not agreed to the claim being disposed of without a hearing, so I assume that the point in 6 above wasn't valid and thus the deadline to submit a WS was not April 1st. Have I inadvertently missed an important deadline?

Umkomaas

Have I inadvertently missed an important deadline?

I think you might well have. The date for the submission of your WS would be unlikely to be contingent on it being a hearing on the papers - you really should have checked with the court, not guess with an assumption. Clearly BWL didn't think so. It always rings warning bells when the solicitors submit their WS before the defendant. 

You could knock up your WS and evidence and get it emailed out this weekend - no one will be back at their desks until Tuesday, but it still may be too late. Other regulars might want to add to this too. 

Coupon-mad

''Both parties having agreed to the claim being disposed of without a hearing''
DO WHAT NOW?

jrhys

Umkomaas - I agree I should've confirmed with the court.

I've OCRd the Notice of Allocation to the small Claims Track (no hearing) letter that I got on the 2nd March (and trimmed stuff to save the length of this post). It had a N159 attached the bottom of it, which I filled in and returned saying "I do not agree that the claim should be dealt with on the papers alone" AND "I have sent a copy of this completed form to the other party".

District Judge Powell has considered the statements of case and directions questionnaire filed

Warning

The following paragraphs set out the Judge's directions for the disposal of this claim. Failure to comply with the directions may result in a party's case being struck out or a hearing having to be adjourned. The party at fault may have to pay costs. In addition, the Court will not consider any document that has not been sent in accordance with this order or any previous order.

ADR / settlement

1. Having considered the papers in your case, the court believes that your case is suitable for mediation. This is a very simple process designed to give you the opportunity to resolve your dispute without having to attend a court hearing. You are therefore encouraged to contact the Small Claims Mediation Service to arrange a mediation appointment. The mediation service is free. 

Mediation appointments are conducted by telephone and so do not involve you having to attend court. The mediation appointment is limited to one hour, is confidential and can be done anytirne up to ten working days before the final hearing. Further information on mediation is contained in the attached infolmation sheet or can be found in Leaflet EX730 at http:/flrrnctsformfinderjustice.gov.uk.

To accept the offer of this service and arrange your mediation appointment both parties should contact HMCTS by telephone on 0300 123 4593 or email at scmreferrals@hmcts.gsi.gov.uk within 7 days of receipt of this ot'der. If you contact the Small Claims Mediation Service by email please ensure you include a return telephone nuntber, and the case number.

Please note that if you wish to undertake mediation, you must contact the Small Claims Mediation Service. If both parties confirm they wish to undertake mediation, the Small Claims Mediation Service will contact you to arrange an appointment. 

If you require any further information about rnediation please contact the Srnall Claims Mediation Service by email at scmenquiries @hmcts.ssi.sov.uk.

 

Contact details

2. Each party must provide the Court and the other party with a contact direct line telephone number and email address immediately on receipt of this order. They must notify the Court and the other party of any subsequent changes.

 

Sending of documents

3. Where this order requires the parties to send documents to each other or to the Court, they must do so by email wherever this is possible, attaching any documents in .pdf format. For this purpose, the requirement of PD5B-2.3(b) and (d) (limiting the length and size of the email and any attachment) shall not apply.

 

Allocation

4. This Claim is allocated to the Small Claims Track and the parties are ref-erred to Part 2l of the Civil Procedure Rules and the Practice Direction of that Part for guidance on how the hearing of the claim will be conducted. The parties are encouraged always to try to settle the case by negotiation. The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. The court must be informed immediately if the case is settled.

 

5. The Court has determined that this case is suitable to be disposed of without a hearing - that is on the papers alone. The parties must complete the Form N159 Response which is attached to this order and return it to the court.

 

The Judge can only deal with the case in this way if both parties agree.

 

The parties should note that:

a) if they agree to the disposal of the claim without a hearing, they will be able to file documents and evidence in support of their cases

b) they will have the opportunity to file a response to the documents of the other party

c) the Judge will give short written reasons for the decision.

d) a hearing is likely to take longer to arrange and therefore it will take longer to dispose of the case than if it was dealt with by consent on the papers.

In the event that a party does not agree, directions will be given for a hearing to take place.

 

6. Both the parties having agreed to the claim being disposed of without a hearing, the following Directions apply to this Claim:

1) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely no later than 4pm on 1 April 2021.

2) The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this Order.

3) The documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves).

4) Witness statements must:

a) Start with the name of the case and the claim number;

b) State the full name and address of the witness;

c) Set out the witness's evidence clearly in numbered paragraphs on numbered pages;

d) End with this paragraph: 'I believe that the facts stated in this witness statement are true' I understand that proceedings for contempt of court may be brought against anyone who makes' or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth'; and

e) be signed by the witness and dated.

 

5) The judge may refuse to consider any statement of any witness whose statement has not been prepared and copied to the other party and the court in accordance with the paragraphs above.

 

6) Each party may, by 4pm on 15 Aprll 2021 file in court a concise written response to the documents and statements served by the other party. At the same time a copy of the response must be served on the other party'

 

7) Neither party may rely on any report from an expert unless permission has been granted by the court beforehand'

Anyone wishing to rely on all expert must write to the court immediately on receipt of this Order and seek permission, giving an explanation why the assistance of an expert is necessary.

 

Hearing

7. The staff shall refer the file back to the District Judge after 25 March 2027 to consider the parties responses'

 

Right to apply

8. Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order'

jrhys

Maybe also worth saying that the BWL WS cover letter doesn't mention the hearing date - it says "the forthcoming small claims hearing to be listed"; and the BWL "without prejudice to save as to costs" letter they sent me dated 10th March suggesting I pay £150 to be done with it (that my partner fell out with me for not taking due to the amount of time I'm spending on defending) said "we write with reference to the above matter which is listed for a court hearing on .".

I thought WS were only due 14 days prior to the hearing, the date of which hasn't been set, meaning that I can't have missed a deadline?

Umkomaas

jrhys said:

I thought WS were only due 14 days prior to the hearing, the date of which hasn't been set, meaning that I can't have missed a deadline?

Unless a different date is ordered by the court .....

1) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely no later than 4pm on 1 April 2021.

Redx

Covid19 has changed these matters and timescales , so do not let dogma cloud your judgment , an order is an order !!

You can be certain of nothing in these uncertain times

These matters take a long time to resolve. , So people stamping their foot and chucking the toys out of the pram does not help