COURT REPORT - COASTWAY VETS PREDATORY TICKETING, NO GRACE PERIOD - OPS LOSE AT BRIGHTON COURT AGAIN

bargepole

legal_magpie said:

While it is rare to award costs in a small Claims case (there has to be a finding of unreasonable behaviour [CPR 27.14(2)(g)] the Defendant is entitled to his expenses for coming to Court including travelling, parking and loss of earnings up to a maximum of £95. I'm surprised that the Judge didn't award them.

Indeed. But with most cases now being heard by telephone or video, many Judges are taking the view that the Defendant isn't entitled to witness expenses, as they don't have to travel, or take any time off work.

Meanwhile, there is a wide divergence amongst the Judiciary as to what constitutes 'unreasonable behaviour'. In most cases brought by BW Legal on behalf of parking operators, the Claimant's Witness Statement is written by a paralegal sitting in an office in Leeds, who has no first hand knowledge of the facts, or of the site where the alleged breach occurred. The WS is full of mostly irrelevant legal arguments which properly belong in a Skeleton, and of course the 'witness' is never present in Court to be cross-examined.

Completely unreasonable in my view, thankfully some Judges have agreed.

beamerguy

I totally agree ....... the Judiciary have been very slow to understand what is going on. 
The Judiciary fail to understand the time involved in producing a WS.   Take Mr Bowen v Parking Eye ...... he is no different to any motorist yet he creamed off £1k
That was a simple case of the "old boys club"

You mention BWLegal .... the vultures who rely on being a robo claimer with a para-legal who is clueless of the facts and is paid to produce utter rubbish .... and oh boy, do they produce rubbish regarding the fake £60.  In BWLegal's own words ..... IT'S nonsensical

My experience with BWL is an eye opener, the legal they sent was just out of play school, I felt sorry for him as the judge said "things are not going well for you"
And without asking the Judge awarded £95 ... what is wrong with other judges ??

The copycats of BWLegal are amazing failures .... and BWL boasted  there fame in debt collection 
They have lost that acclaim due to the failures in the parking scam

BWL are still trying to prove their credibility and fail to understand they are not fit for purpose

Come on, what sort of company would allow such bad reviews on Google 

I would suggest that in 2021, BWL and the other cronies who scam will suffer

Best for BWL to stick to uncomplicated so called debts like gas bills, they are totally out of their depth with parking scams.   

Le_Kirk

bargepole said:

legal_magpie said:

While it is rare to award costs in a small Claims case (there has to be a finding of unreasonable behaviour [CPR 27.14(2)(g)] the Defendant is entitled to his expenses for coming to Court including travelling, parking and loss of earnings up to a maximum of £95. I'm surprised that the Judge didn't award them.

Indeed. But with most cases now being heard by telephone or video, many Judges are taking the view that the Defendant isn't entitled to witness expenses, as they don't have to travel, or take any time off work.

Do (some) judges think that defendants can sit in their office/mini-cab/lorry cab/hospital/supermarket/bank and be involved in a video/telephone hearing without having to take time off work.  Not all employers are understanding and besides the hearing should be conducted in a quiet place where the defendant is unlikely to be disturbed (I read that in a court's order)!

95Rollers

Great court report. Some great nuggets of information and examples in there. Don't suppose anyone has the case reference for this?