Total Parking Solutions/BW Legal court claim

forgotmyname

Not spoken to them for a while but a bit of an update, they received a Notice of Transfer of Proceedings from the court
stating the claim had been transferred to the City Court where travel would be problematic.  Could be a problem getting the
witness there also.   This was received late December and they have not acted upon it.

Wording. "As a result of an order made on 8th December this claim has been transferred"
Defendant made no claim.

Since then they have also received the court paperwork with a "claim listed in person hearing"  date of 22nd March.
Assume thats not a video court case?

In the meantime can someone please clarify the date they need to deliver their evidence. Is it sent as early as possible
or as late as possible and do they still send a copy to the court and to the claimant?

Thanks.

KeithP

Look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Of course 'every other party' is the Claimant.

Those documents you intend to rely on are your Witness Statement and evidence.

Coupon-mad

forgotmyname said:

Not spoken to them for a while but a bit of an update, they received a Notice of Transfer of Proceedings from the court
stating the claim had been transferred to the City Court where travel would be problematic.  Could be a problem getting the
witness there also.   This was received late December and they have not acted upon it.

Wording. "As a result of an order made on 8th December this claim has been transferred"
Defendant made no claim.

Since then they have also received the court paperwork with a "claim listed in person hearing"  date of 22nd March.
Assume thats not a video court case?

In the meantime can someone please clarify the date they need to deliver their evidence. Is it sent as early as possible
or as late as possible and do they still send a copy to the court and to the claimant?

Thanks.

Did you submit the WS & evidence yet?

I am concerned you missed the great news in February about the new statutory Code of Practice.  The Defendant needs to know about it.

I've created a new paragraph 4 onwards to replace the template defence:

https://forums.moneysavingexpert.com/discussion/comment/79031299/#Comment_79031299

Showing you and others, even though your defence is in and you are at a later stage, because it should be fairly easy to adapt and use in witness statements.

Debt recovery 'cost/fees' are now banned from being added to parking charges, and that new wording explains to a Judge why that is relevant for existing cases, too.

Also read the whole new DLUHC Code of Practice because it covers all the ususl points and issues, and states the best practice position.

Not retrospective but you can use it in a WS to effectively say 'Here's what a professional parking firm should have done'.

forgotmyname

Yeah witness statement sent already and I did manage to grab your revised WS sheet. But sadly we had no time to
come back and trim it down.

They have received the BW pack.. Bet you cannot guess what they said?   lol

WS is a template from this forum and should be struck out.  Not sure if I should mention their Paralegals name but they
filed "their template" under supervision. 
But we are too thick to know about the things we mentioned in the WS.   They intend on proving that in court. 


Some pages needed a 3.5x magnification to come close to being read.  They detailed a lot but I think they missed something
vital. I only had a quick look so maybe I missed it..  Lack of page numbers did not help.

Thanks.

forgotmyname

Seems that BW Legal have sent my friend a list of costs for £700, they received it on Tuesday.

2 people named on the bill from BW Legal, not seen this mentioned on here.  This is above the
amount being claimed which is something like £200.

Amount claimed £100 (ish)  + £35 court fee + £50 Legal representative.  Which gives £200+ in total
So where does the £700 come from?

Thanks.

Umkomaas

Seen it plenty of times. No court will ever award that amount!  Just keep playing the game, every step of the way, and you might even find they discontinue nearer the time - no guarantees, but again, we've seen that happen plenty of times too.

Coupon-mad

Scare tactics.

forgotmyname

I did wonder because I had read posts previously about them wanting to talk about a discount to settle before actually
entering the court.

Hoping I can speak for them on the day but I seem to come down with something just before a deadline so we
really need to have everything on paper just in case.

Thanks for the quick replies.

forgotmyname

Can I pick your brains a little on passengers in the car being a witness.

If you had passengers who provided evidence (sent with WS), would they be required to attend a hearing?
optional or a must?

Secondly who can speak at the hearing?  Say a younger new driver who may panic or not get their point across properly.
Maybe an older person with hearing issues even though they have a hearing aid still struggle to hear voices clearly.

Thanks.

Le_Kirk

Any defendant can have a lay rep who can speak for them but the defendant must also appear at the hearing.  Alternatively they can have a McKenzie friend, someone who whispers in their ear and passes them papers but does not speak.