Link Parking / BW Legal - OWN residential parking bay

eagle5

I delivered the file this morning and posted the paperwork to BWL to arrive at the next earliest opportunity.

I will note and use in court if needed, thank you very much for making me aware of this change.

eagle5

eagle5 said:

We transferred liability - and the appeal thing too, ignorantly   

This was difficult to manage. 

In summary: 

1. Original DJ unavailable, another DJ took the case
2. Claimant arrived with no evidence, WS etc as per the DJ's instructions I posted above but DJ gave them a hard time because of our submission
3. DJ asked Claimant what they wanted, the Claimant suggested a hearing. DJ refused based on lack of evidence
4. DJ impressed with bundle and held Claimants bundle in one hand and ours in the other to show the difference in preparation
5. Second preliminary has been set - DJ said no to dismissing case

I can't hold back that I believe the DJ's decision was incorrect. Despite the Claimant choosing to arrive with no evidence, the DJ said it is only fair they have a chance to read through the bundle I submitted - like they should be creating a defence against it? I asked about dismissal because of the amounts of evidence we submitted proving the unfairness of the ticket being issued, DJ said they want to give Claimant a chance to come prepared and said the bundle we submitted was strong however they had to remain neutral 

On arrival the Claimant offered "off the record" advice about our "copy and paste" defence and went to point at a paragraph to show an example -_- that conversation did not last long but it gave me the indication that was a point they wanted to argue about in court. Also we did not go into the waiting area together and I was a bit behind, cluelessly my partner gave the claimant the spare copy I prepared in the waiting area, they were shocked. They said we were not supposed to do this and that as it was not submitted 14 days prior to the hearing, they would have it disregarded. I said it was a response to their submission I learnt about when calling for advice, which was also submitted less than 14 days ago  

Thank you all for your support and encouraging me to do the WS, I REALLY did not want to, especially as I had no instruction to. I was happy to turn up with my lease agreement (and the DJ would have accepted it - they offered the Claimant extra time to get some evidence whilst they attended to an urgent matter, the Claimant came back with nothing.

I am going to submit a new bundle within 14 days of the next hearing date if the Claimant does not drop the case which will include the changes above and updated costs.

Jenni_D

The "template" statement (about using Internet resources) is common, and as another judge has said - "So what?". (The irony being that pretty much ALL witness statements submitted by PPCs/Legals are template-based).

eagle5

Not wanting to break any rules on the forum - can I PM someone or create a group chat with those on this thread / make this thread private?

Fruitcake

You can't make this thread private. You can PM anyone you like; just be aware that parking companies do monitor this forum, so you need to be sure you know who you are contacting.

Is there any particular reason you want to take this off forum?

Jenni_D

Bear in mind that only 1-1 PMs are supported ... the Group PM function has been disabled.

eagle5

@Fruitcake for that very reason. They are using this forum to discredit my WS - _- 

KeithP

eagle5 said:

Not wanting to break any rules on the forum - can I PM someone or create a group chat with those on this thread / make this thread private?

Now you need to be careful. Be wary if you receive a Private Message from someone offering to help via PM. They may not have the same objective as you. The parking companies are known to trawl this forum.

Another risk of dealing with it by PM is that if you get wrong guidance then there is no-one who can correct things - unlike on an open forum.

So the suggestion is to post your draft Witness Statement here but redact all identifying information first.

Fruitcake

As above. Show us your WS with personal data redacted.

If/when you get the claimant's WS, show us that as well. In both cases, redact personal data, although you can leave anything already in the public domain.

As long as what you show us is true, there shouldn't be any comeback.

eagle5

Mine is posted here, I will upload photos of their response to mine. Although it seems their only focus is to have my WS discredited based on assumptions of using templates which contain information above my knowledge 👀