BW Legal Letter, confused about what stage I'm at!

RidgebackPlanter

Hello, I'm restarting this as my hearing date is nearing and I'm trying to get myself sorted. I don't want to take up lots of peoples' time so I'll try and keep my questions succinct: 

- My hearing is a telephone hearing. Based on my Notice of Hearing of Application (which I assume is the same as a Notice of Hearing?) it states: 


6. If one of the parties is legally represented, the legal representative for that party must by no later than 48 hours prior to the hearing electronically file a PDF bundle with the court which must include:

(a) A case summary;

(b) The parties’ position statements;

(c) The previous orders that are relevant to the remote hearing;
(d) All essential documents to determine the issues that fall for determination at the remote hearing;
(e) A draft order.
7. If both parties are legally represented it shall be the responsibility of the claimant’s solicitors to provide the electronic bundle to the court in compliance with paragraph 6 of this order.

From this I understand that point 6 is accurate for my hearing. One of the parties is legally represented (them, not me). Is this correct? Therefor am I right in thinking it's still THEM that need to provide the bundle?

-  This being correct, based on a post from bargepole, it is up to me to send them my WS, draft order (?), defence with exhibits, skeleton argument (?), costs and also the Claim Form? I'm confused about what the Claim Form is? 

- My telephone hearing is on October 1st, the deadline for the paperwork is no later than 7 days before. If I've understood correctly I will be writing to the claimant before then (ideally next week) with the hope of getting an NoD. Is this correct?

- I have also read Coupon-Mad's suggestion of a cover email. My confusion is that this whole hearing is because I am seeking a set-aside (not defending the original PCNs), can I still request "pursuant to CPR 3.4, to strike this claim out without a hearing in any format" when seeking a set-aside and not defending a PCN? Or because it's a set-aside does it need a hearing?

- I have received my paperwork from the DVLA confirming that my car's registered address was never the one used by the claimant. I was planning to use this as an exhibit in my defence along with the case law I've got thus far - is this advisable? Similarly should I be finding proof of my addresses over the years and attach those, or is it up to the claimant to prove I lived at the address, rather than for me to prove I didn't? 

- Should I also have a defence prepared for the original PCNs? It is essentially the same defence as I wasn't the driver and all NTK's were sent to an unknown address and but I currently haven't prepared this as either a defence or WS. Is it worth having that written up just incase? 

- Since submitting my N244 I have not heard a peep out of the claimant regarding the other 2 PCNs they initially wrote to me about. As previously discussed these 2 have not reached the CCJ stage, and have not yet even reached LBC stage. I was expecting something to show up but its been 5 months! Because I have not yet received an LBC on these I'm confused about whether to include the 'cause of action estoppel Henderson vs Henderson case' in my set-aside hearing; I have yet to fully research this on the forum (I can't find it!) but if I should use it where does it go? In my defence or in a separate WS?

Johnersh

Entirely up to you, but if it were me, I'd do my own bundle, just in case. You don't even know if the claimant will turn up for this.

Those instructed by ppc's don't seem to do this properly - they should send you an index and you agree the content, before they prepare the bundle. 

If you can produce a single bookmarked, paginated pdf that's the ideal.  You can then bang in a section marked "authorities" in which you put on the case reports you need.

Keep this simple. Your case seems to be that the claimant never served proceedings at the correct address. If the claim form went to an address that you have *never* lived at, there is binding authority for that being non service (Marshall Rankine v Maggs). The set aside would be mandatory.

If its more than 4 months since the claim form was issued, my usual point is that if it is issued but there has never been good service, then it is dead, having never been served within the 4 month period required for issue (cpr 7.5). In that scenario the ppc needs to file and serve a brand new claim. Alternatively they could apply to dispense with service, but they haven't done that. 

If the claimant hasn't brought a claim in relation to other tickets yet, then there's no argument to raise in relation to them.  Concentrate on booting out this one.

Finally no harm in doing a skeleton argument of key points as your crib sheet - optional as to whether you serve it. You can set out key passages from the cases relied upon and all the cpr references. 

RidgebackPlanter

@Coupon-mad I read your reply far too late (not sure how I missed the notification for this thread!) so I'm afraid didn't do the Government Consultation. I'm assuming it's too late by now but let me know if I can add my voice to this. As for the Group Action against the DVLA my PCN was actually in 2017, it was the default judgement that went through in 2018 so again i don't think I can be involved in this either. Correct me if I'm wrong, I would like to be part of both.


As for my hearing, I just phoned the courts to double (triple!) check as I've not heard a peep from the claimant. The telephone hearing is still going ahead on Friday. They've also not heard anything from the claimant and haven't received their bundle. I sent mine last week suspecting the claimant/BW Legal might not comply with the deadlines given (after checking my notice of allocation it really did seems to say no less than 7 days). So, having heard nothing from them I'm suspecting they might not show up. Any tips if this does happen? What's the latest point they could request a discontinuance? I'm really hoping it does go ahead because it seems I have a much better chance of requesting my costs if there is an actual hearing. 

Coupon-mad

Too late for the Government Consultation.  Not too late for the DVLA Group Action Which is now taking people with PCNs from 2016 onwards.

If they discontinue this week it's very late snd missing the deadline for the bundle is unreasonable conduct, so get ready to whizz an email to court to claim your wasted costs and time spent on the case, on the indemnity basis.

RidgebackPlanter

Just received the BW Legal bundle, sent from a junior paralegal. Its now less than 24 hours until the telephone hearing (20 hours to be precise), is it worth drawing the judges attention to this tomorrow? 

Also this is their index....it seems strange to me as they don't seem to have included much more that I have. All of the "pre-legal" correspondence goes to prove what I've said about it never being an address of mine. I'm confused what leg they think they have to stand on. Have I made an error by not dating my statement?

RidgebackPlanter

They've also removed my "authorities" section which listed my case reports and specific hearing examples (e.g. Rankine vs Maggs). I'm guessing that means I need to bring these up verbally during the hearing. Will the judge also be seeing the bundle I sent in last week, or only this (late!) bundle?

Coupon-mad

Is this to hear your application to set aside a CCJ, or to hear the case about the PCN, post set aside?

Are they in breach of any Order?  If it's to hear your set aside application, then maybe they aren't because there would have been no Directions for them to do anything much.

RidgebackPlanter

It's to hear my application to set aside the CCJ. They're in breach i think because it says this on the Notice of Hearing (which they've highlighted! Not me) 

Coupon-mad

Great! So they are in breach and they are well aware and should have asked the court for relief from sanctions.

They also omitted some of your documents, inexplicably, even though this is your hearing you paid for and they could have simply lifted your bundle wholesale into theirs because it's not as if there was any printing or fiddly work to be done.

Start with that but the Judge might say "well it's your application and I don't see you've been disadvantaged, so tell my why you believe this CCJ should be set aside?"

So have a crib sheet and full understanding of why your case meets CPR13.2  and how the Claimant failed to take any steps to find your address for service which breaches not only the CPR obligations but also their own CoP.  Have that section of the CoP ready to quote from and try to paint a picture of unreasonable conduct, which has cost you £255 plus any loss of salary/leave for the hearing, and so you ask the court to order the costs against the Claimant, who also breached an Order that their solicitors highlighted.

ONLY THEN move on to your alternative safety net position, CPR 13.3.

RidgebackPlanter

Gosh, that was probably the most nervous I've ever been in my life! Good news though, I got the set aside, I got the Claimant's claim struck out for want of service within 4 months of issue, and I got costs awarded to the sum of £425.50 (this is inclusive of the £255 court fee and less than I asked for but never mind, you can't put a price on relief!). 

Nobody showed up from BWL which the judge sounded tired of, but not surprised about. He ignored their late bundle, sent yesterday, and was reading from mine. Also (my favourite bit) he congratulated me on how my case was put together and said rarely had he seen a litigant in person conduct themselves so professionally. He asked if had legal qualifications (!). I am so very grateful to this forum, @Johnersh and @Coupon-mad is there anything I can to show my gratitude? You're amazing. Would it be helpful to put my documents on here to help people in the future?