Letter of Claim Received

wobs2k

Umkomaas said:

1)  You must do - email to the Court, the solicitors and the Defendant - urgently. Normally, unless otherwise ordered by the Court, a WS and Evidence pack should be submitted at least 14 days before the hearing. For an excellent example of what a WS looks like, read that produced by @ricky_balboa. Use that as your framework.  Get something off whatever.

2)  Absolutely you must attend the hearing, or you face the prospects of having to pay costs way in excess of the £280 being claimed. 

3)  The Judge is not likely to award the Claimant that sort of money in the event of a loss. Worst - around £200ish. 

Thank you, I will certainly attend the hearing and I will get a WS off this evening. If I were to attend without evidence pack/WS and just relied on my defence statement I assume I would lose but costs would not be high, is this right?

Umkomaas

wobs2k said:

Umkomaas said:

1)  You must do - email to the Court, the solicitors and the Defendant - urgently. Normally, unless otherwise ordered by the Court, a WS and Evidence pack should be submitted at least 14 days before the hearing. For an excellent example of what a WS looks like, read that produced by @ricky_balboa. Use that as your framework.  Get something off whatever.

2)  Absolutely you must attend the hearing, or you face the prospects of having to pay costs way in excess of the £280 being claimed. 

3)  The Judge is not likely to award the Claimant that sort of money in the event of a loss. Worst - around £200ish. 

Thank you, I will certainly attend the hearing and I will get a WS off this evening. If I were to attend without evidence pack/WS and just relied on my defence statement I assume I would lose but costs would not be high, is this right?

Possibly, but the Judge might decide that in the non-submission of your WS you failed to comply with a Court Order and might award unreasonable costs against you. I wouldn't take the risk.

Coupon-mad

It's a dangerous assumption.  You could certainly be deemed 'unreasonable' by a Judge, if you send no WS or evidence and also, not allowed to speak (at all, because you haven't earned the right to give witness evidence) and you'd have zero evidence to contradict theirs.  And then you'd lose and the PPC rep would ask for their three figure fee on top.  So yes, this could cost you.  So sort it now!

A WS looks like the first WS in the thread by @ricky_balboa so use that as your base - but change facts and of course if ricky's one talks about the BPA and yours is IPC (or vice versa) you do of course quote from the right Code for your case.

You will be attaching photos and Excel v Wilkinson transcript and anything else you want to put in as evidence.

wobs2k

Thank you for all your help. I burnt the midnight oil and will submit my WS plus evidence shortly this afternoon. 

I wondered whether there’s any merit in adding GDPR breach to BWL’s poor professional standards list? They’ve included a long list of VRNs in their evidence pack and only redacted the first 3 figures- given that the first 3 are usually the regional code and the decade I believe it makes them identifiable, particularly in a small neighbourhood! 

Any point in pursuing this?

Coupon-mad

I wouldn't, a partial redaction seems OK and you needed it to see your own payment (did it help?).

wobs2k

It helped to establish that I’d paid for all but 4 minutes of my stay! 

I’ve been trawling through the VRN list to see who’s meeting up at the beach at strange hours! 

wobs2k

Whilst you’re here CM, do you think there’s any benefit to me using professional titles (Royal Navy rank or just Dr)? 

Or would it ‘rub the DDJ up the wrong way’?

Coupon-mad

I would.  I think most Judges would be more likely to see you as an honest witness, a professional person.

wobs2k

All done and emailed off, thank you all once again for your help. 

I can share a redacted copy of my WS, although the time for editing is now well and truly passed...might provide a laugh or an opportunity for a wager on how badly I lose!

wobs2k

https://www.dropbox.com/scl/fi/p0ih264hihw3i8agt1ouq/WS-Wallace-REDACTED.docx?dl=0&rlkey=r9tgauieud7z4agqgkx9gkd92