BW LEGAL - PROPOSED ALLOCATION TO THE SMALL CLAIMS TRACK

nosferatu1001

dot_net said:

I had received paperwork dated 27th November 20 from Norhtampthon CCBC saying i am required to fill the DQ by 11th December, 2020. When i registered online the dates were showing 08.12.20
Todays discussion has been very helpful , I appreciate it.

No, no it didnt
It told you that the CLAIAMNT - NOT YOU - has already filed something.
It tells you they filed that thing - the DQ - today
It does not tell you - THE DEFENDANT - that you needed to do something. 
You need to get the simple definitions in your head here. YOU are the defendant, THEY are the claimant

dot_net

nosferatu1001 you are so right.- Thank you
I have just received DQ from BWLEGAL dated 4th Dec 2020.
I submitted my DQ earlier today and send a copy to BWL.

I receive below auto response from BWL

Automatic reply: CLAIM G9DP***

Inbox

Enquiries <enquiries@bwlegal.co.uk>
to me

Thank you for contacting BW Legal.

 

Your email has been received and will be dealt with as soon as possible.

 

Please be advised that our standard opening hours are:

 

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We make no commitment to response times on this general email account. Therefore, if you consider your matter is urgent, or should you wish to discuss your account with one of our representatives today, you can call our offices on 0113 323 1784 and we will be happy to help.

 

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BW Legal

 

The above address is the office of BW Legal Services Limited  (t/a BW Legal) which is a company registered in England and Wales under Company Registration No: 07966978. BW Legal is authorised and regulated by the Solicitors Regulation Authority (569773).

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to me

I am currently out of the office until 09 December 2020. I will not have access to my e-mails. Should your query be urgent, I would ask that you contact 0113 468 3021 or email: disputeresolution@bwlegal.co.uk. BW Legal will not be put on notice of any documents received to this e-mail address in my absence.

KeithP

dot_net said:

nosferatu1001 you are so right.- Thank you

Which is exactly what I said earlier...

KeithP said:

You showed us a screenshot and told us something needs to be done today.
How did you work that out?

The only mention of today's date is here:

All that is telling you is that the Claimant has filed a DQ today. That's all.

Read the last line of my earlier post.

dot_net

@Keith - i had to re-read what you said lol   
I have followed the steps in NEWBIES thread, I am  now waiting for next direction from Northampton CCBC.
Thank you all for your help. 

Redx

It fooled me too , but I read the screenshot as the same as everyone else , no deadline today , but I took the view that the OP should strike while the iron is hot and get it done to the CCBC and to b w legal

nosferatu1001

dot_net said:

@Keith - i had to re-read what you said lol   
I have followed the steps in NEWBIES thread, I am  now waiting for next direction from Northampton CCBC.
Thank you all for your help. 

You know the next steps because the newbies thread tells you
Get on with your WS 
Write it now, and show us. 

dot_net

My hearing is today 10am.
I have been following the newbie instructions so am hoping i am good.
One thing that i have missed is DRAFT ORDER.
Is it to late to drop it this morning?
I have prepared it as below

                        Draft Order

 In the County Court at  XXXXX

                                                                                                    Claim No:               XXXX

                                                                                                    Date:                       2XXXX

 

 

Parking and Property Management Ltd (Claimant)

XXXXXXXXXXX (Defendant)

Before  District Judge Hartley sitting at  The County Court at XXXXXXX, on XXXXX

Upon reading the court file

 

IT IS ORDERED THAT

 

1.          The claim is struck out as an abuse of process.

2.            This order has been made by the court of its own initiative without a hearing pursuant        to Rule 3.3(4) of the Civil Procedure Rules 1998 and a party affected by the order    may apply to the court to have it set aside, varied or stayed not more than 7 days           after the date the order was served upon that party.

REASON

The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant is contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2014 Schedule 4 nor with reference to the judgement in Parking Eye v Beavis, which expressly approved the parking charge because it included costs of administration. Additionally, s71(2) of the Consumer Rights Act 2015 requires the court to consider the fairness of a contract term and the provision additional charges falls into examples 6, 10 and 14 of the indicative list of unfair terms in Schedule 2 of the Act. It is an abuse of process for the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover.

(b) It has been noted by this Court that these Claimants have a tendency to produce witness statements which are prolix.  It remains part of the court’s case management function to exercise rigorous control over such statements.  The witness statement of the Claimant is an abuse, in that the factual errors and template legal argument format show that it was, on the balance of probabilities, prepared by the Claimant's solicitor and not by the Claimant.  Further, it is clearly intentioned to act in terrorem of the Defendant and does not stand as a real attempt to assist the court with the substantive facts of the case; ref CPR 32 (1) ''A witness statement is a written statement signed by a person which contains the evidence which that person would be allowed to give orally.''  This Claimant's witness statement fails to meet the requirements of the CPRs and it, together with the Claimant's bundle, is hereby struck out.

Dated XXXXX.2021

Umkomaas

Email it and hope for the best. 

dot_net

Hello all,
I would like to thank you all the information.
This is my first time in the court - i was nervoous.
I presented myself and got cross examined and the case been dismissed - yipppy!!!
Was online for litterally 22minutes 

Le_Kirk

Well done - an excellent result!