BW LEGAL offered without prejudice offer on PCN - help for next steps.

kk1223

beamerguy said:

kk1223 said:

@beamerguy: Thank you -- do you think it is worth putting a drop hands offer back to BW Legal and see what they say?  BW Legal have until the end of March to pay the £25 trial fee and I have to submit my documents to BW Legal and the court 10 days prior to this? 

Yes ..... they then know where they stand and will save them £25 and all their other costs.
It's cost them money already which they will not recover.
Give them until monday to respond

Thank you for your advice.  Does this sound ok to you @beamerguy? 

Without Prejudice Save as to Costs

Dear XXX

Claim Number: XXX

Hearing Date: XXX

Outstanding Balance: XXX

Thank you for your telephone conversation and email dated XXX 

I have since taken into consideration your client’s offer and I do not accept.  I am willing to accept on a strictly without prejudice basis a drop hands offer from your client.If your client is agreeable to this, please confirm back way of response to this email no later than Monday 15th March 2021 including notice of you or your client informing the court.

In the absence of a drop hands agreement, I will send across my witness evidence to you no later than xxx 2021.

I look forward to hearing from you soon.

Kind regards,

xxx

beamerguy

Take out >>>> If your client is agreeable to this

You have not said what the drop hands will be

"They drop their claim and in return you will not claim costs against them"

No need for "Without Prejudice Save as to Costs"  You may need to show a judge your counter offer

NO "KIND REGARDS" ...... The letter should be Dear Sirs and end with Yours faithfully

D_P_Dance

The outstanding balance is £251. 
 
A large part of which is probablt unlawful, read this and complain to your MP,

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

Umkomaas

kk1223 said:

Umkomaas said:

kk1223 said:

Umkomaas said:

@Umkomaas - It is the one in Manchester

Do you have their full business name, address and business reference number please?

I've just double checked on the claim form:  Car Park Management Services (CPMS) Ltd, The Bristol Office. 
Does that make any difference?  Where will I find the business reference number? 

Don't worry about providing the Bristol company's number. It's just when you replied that it was a Manchester-based company (we do need accuracy, otherwise we go off on wild goose chases) warning bells rang because there was a CPMS based there which made some changes to the status of the ownership/business, then dissolved. The business number would have helped narrow the focus.

On the PCN it says: Car Park Management Services (cpms)ltd Dept 142, 19 Lever Street, Manchester, M1 2AN
but at the bottom of the PCN: Car Park Management Services (CPMS) Ltd 9091690 Registered in England and Wales 2nd Floor, 5 High Street, West Bury-On-Tryn, Bristol, BS9 3BY

Both same company as far as I can see. There's been some shenanigans with variants of CPMS a few years back, just part of the smoke and mirrors of this sector, designed to duck, dive and confuse. 

Unless anyone else can spot anything, there's nothing further to chase down this particular rabbit hole.

Le_Kirk

I have since taken into consideration your client’s offer and I do not accept.  I am willing to accept on a strictly without prejudice basis a drop hands offer from your client whereby we both walk away and each bear our own costs.  If your client is agreeable to this, please confirm back by way of response to this email no later than Monday 15th March 2021 including notice of you or your client informing the court.

Change as above.

kk1223

beamerguy said:

Take out >>>> If your client is agreeable to this

You have not said what the drop hands will be

"They drop their claim and in return you will not claim costs against them"

No need for "Without Prejudice Save as to Costs"  You may need to show a judge your counter offer

NO "KIND REGARDS" ...... The letter should be Dear Sirs and end with Yours faithfully

Thank you for your help and advice.  I will let you know how I get on 

kk1223

BW Legal quickly rejected the drop hands... Looks like I will attending a court hearing and preparing my witness statements and evidence. 

Our Client remains satisfied that the PCN was issued correctly, and accordingly your offer of a drop hands is rejected.Should you wish to revert with a sensible offer of settlement, please do not hesitate to contact our office.

Will gratefully take on any advice and tips when preparing this!! 

Le_Kirk

All hints, tips and advice for writing witness statements are in the NEWBIE sticky; there is even a link to some examples.  Also search the forum for witness statements for posters in a similar position to you.

beamerguy

kk1223 said:

BW Legal quickly rejected the drop hands... Looks like I will attending a court hearing and preparing my witness statements and evidence. 

Our Client remains satisfied that the PCN was issued correctly, and accordingly your offer of a drop hands is rejected.Should you wish to revert with a sensible offer of settlement, please do not hesitate to contact our office.

Will gratefully take on any advice and tips when preparing this!! 

Don't worry about this junk, your letter is good for the court. 
They always say "Our Client remains satisfied that the PCN was issued correctly,"
BUT .... are BWL satisfied .... 
On a more serious note, you REJECT their claim because they have added a fake unlawful amount

Maybe the PCN was issued correctly, maybe not ? ... that is up to a judge to decide, not BWLegal or their client. 

For the judge, the fact still remains that BWL have added a fake amount which is abuse of process
This is well defined by HHJ Jackson when VCS applied the same fakery.

This is a game of musical chairs that BWL play, they don't get a chance to sit down on this because they CANNOT provide any legal authority for fakery ....  all that can be said, is let their keyboard warriors explain their fakery to a court ?

It is a joke, you will apply for the claim to be dismissed for abuse of process. BWL should jump in first and discontinue before this is yet another MSE case featured on Google, there are so many.

kk1223

BW Legal have today given their witness statement and I have a copy.  Can I refer to what they have said in their witness statement and comment on it in my statement?  

For example.. The claimant states in their witness statement that the terms and conditions of the contractual licence by which users may park are that ‘permits must be clearly displayed on dashboard/windscreen’ .  The Claimant then outlines the process for visitors in their witness statement later in their statement as 'visitor permits are virtual'. I invite the court to ask how the Claimant can expect a genuine visitor of which was and have proved with Exhibit XX  to display a permit clearly on their dashboard / windscreen at all times if the permits are virtual.