Can't find a solicitor to represent me

stockportshire

Hi there,
I've got a date for a small claims court hearing brought by "bw legal" in October, but am struggling to find any solicitor to represent me. I've already filed the defence (the car wasn't on land where they enforce parking restrictions, and there was no nearby sign). Can anyone provide a recommendation please? Preferably in the North West of England. Out of interest, will I be able to claim back the cost if I win? 
Cheers

patient_dream

Sadly REAL solicitors do not get involved and are probably not up to speed with the great parking scam

You have come to the right place though, great experts, a few solicitors all helping you for FREE.

BWLegal is no big deal and when you win, a judge could award you around £95 in costs

Read the NEWBIES thread as it contains information you need

KeithP

Why not represent yourself?

How much do you think a solicitor would charge, even if you could find one?

The costs recoverable when you win in a Small Claims Court are severely restricted and are unlikely to go very far towards covering a solicitor's fees.

This forum will help you prepare your case but first show us the Defence you have filed and then set about reading the second post in the NEWBIES thread.

D_P_Dance

Hve you complained to your MP?

Half_way

Yes you can claim your costs, and even counter claim if its a case of mis use of data etc.

Places like this will offer advice on what to do, and how to do it.

 alot of that depends upon the circumstances why the vehicle received a parking charge notice ( note these are not fines)

you said:

"the car wasn't on land where they enforce parking restrictions, and there was no nearby sign"

Where was the vehicle ?- if your vehicle has been ticketed on land they have no rights to then you have a very strong case to claim against them and their principal for miss use of data/breach of GDPR ( data protection) etc

Principal being the entity that took on the parking company, but to go there we need to know who, and where that is, as well as the parking company and the reasons why the vehicle was ticketed

The Principal always jointly and severally liable for the actions of its agents

Redx

MSE does not allow any member here to recommend a firm of solicitors, its against the rules to do so

but it would cost far more than the pcn and its unlikely to get a penny back if you won so unlikely that any of their fee would be paid by anyone except you

its too small potatos for a solcitor to be involved at maybe £80 to £150 per hour

Johnersh

£80 ph probably wouldn't cover a trainee in most parts of the country. Small claims are rarely economic for a solicitor to be involved with and that's kind of the point. It's supposed to be accessible without one. 

The big risk for any lawyer is taking on a new matter shortly before a hearing without having had input into the claim already presented. Certainly a lawyer doesn't guarantee a win. It's litigation - which is inherently unpredictable.

Do your research and you'll have spent more time on it than the other side, which is an advantage of itself. The main thing is to make your points clearly and firmly (and if you win) to ask for costs. 

henrik777

Certainly a lawyer doesn't guarantee a win. It's litigation - which is inherently unpredictable.

Outside small claims it's usually legal team v legal team. There are some cases where it's arguable neither have won.

stockportshire

Thanks everyone, really appreciate the responses. I was looking for a solicitor to handle it because I have three court cases ongoing and it's hard to keep up. So feedback on my defence below would be appreciated, thanks for offering. Having read the newbie thread it sounds like I need to submit a witness statement with photos well in advance of the telephone hearing, which seems unfair as surely they should have to prove their case rather than me having to disprove it.

"The entirety of the vehicle was parked on XXXXXX Way. Parking on

XXXXXX Way is enforced by XXXXXXX City Council. I have a
photo of the vehicle to prove the car was parked entirely on XXXXXX Way.

Furthermore there were no signs relating to private parking enforcement nearby the parking location.

One of the photos provided by the claimant shows a similar silver vehicle parked on private land next to a sign. This vehicle is not a XXXXXXX; it is not my vehicle.

CPMS have known these facts since I wrote to them on XXXXXXX 2019. BW Legal have known this since I returned the Protocol Reply Form fully completed on XXXXXXXXX 2019. Despite this I have been bombarded with letters and text messages for 21 months including 'GET YOUR CORONAVIRUS DISCOUNT' text messages from BW Legal through the peak of the first lockdown."

Redx

Your court order tells both sides what to submit and by when , the rules mention 14 days before the hearing I believe , but if a judge has made directions on a court order , sent to both sides at the same time , with the same deadline , you would be foolish to ignore it

Member Bargepole posted a guide about 5 years ago , linked in the newbies FAQ sticky thread near the top of the forum in announcements which is the what happens and when !! I suggest that you read it , plus read your court order again both sides , for each case , so 3 times

Umkomaas

maxchristian said:

Thanks everyone, really appreciate the responses. I was looking for a solicitor to handle it because I have three court cases ongoing and it's hard to keep up. So feedback on my defence below would be appreciated, thanks for offering. Having read the newbie thread it sounds like I need to submit a witness statement with photos well in advance of the telephone hearing, which seems unfair as surely they should have to prove their case rather than me having to disprove it.

"The entirety of the vehicle was parked on XXXXXX Way. Parking on

XXXXXX Way is enforced by XXXXXXX City Council. I have a
photo of the vehicle to prove the car was parked entirely on XXXXXX Way.

Furthermore there were no signs relating to private parking enforcement nearby the parking location.

One of the photos provided by the claimant shows a similar silver vehicle parked on private land next to a sign. This vehicle is not a XXXXXXX; it is not my vehicle.

CPMS have known these facts since I wrote to them on XXXXXXX 2019. BW Legal have known this since I returned the Protocol Reply Form fully completed on XXXXXXXXX 2019. Despite this I have been bombarded with letters and text messages for 21 months including 'GET YOUR CORONAVIRUS DISCOUNT' text messages from BW Legal through the peak of the first lockdown."

Is that the Defence you have already submitted to the court?