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Can't find a solicitor to represent me

2

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  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Many years ago my solicitor, a senior partner in a medium sized firm, charged £400 an hour. 
    You never know how far you can go until you go too far.
  • Le_Kirk
    Le_Kirk Posts: 25,215 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Umkomaas said:
    "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?
    I hope not, as that is going to take some creative writing of the witness statement to pull it back to a winning position.
  • Snakes_Belly
    Snakes_Belly Posts: 3,714 Forumite
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    edited 19 August 2021 at 10:36AM
    Does BrownTrout cover this area? I  have not seen any posts for a while. You could message him.  

    Nolite te bast--des carborundorum.

  • Is that the Defence you have already submitted to the court?
    I hope not, as that is going to take some creative writing of the witness statement to pull it back to a winning position.
    Yeah, how can it be improved? I thought pointing out that it's a private ticket issued while parked on a public road ought to be sufficient.
  • Le_Kirk
    Le_Kirk Posts: 25,215 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Is that the Defence you have already submitted to the court?
    I hope not, as that is going to take some creative writing of the witness statement to pull it back to a winning position.
    Yeah, how can it be improved? I thought pointing out that it's a private ticket issued while parked on a public road ought to be sufficient.
    A defence has to refute everything that is in the POC on the claim form.  You can submit a new defence but it will cost (over £100, I believe) You will have to write your witness statement (WS) so that it backs up and supports your defence, by expanding upon what your defence states, making sure it does not try to introduce new defence points.  The WS is a narrative and tells the story of what happened on the day and subsequently.
  • Fruitcake
    Fruitcake Posts: 59,504 Forumite
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    edited 19 August 2021 at 11:15AM
    You can bring up points covered by the Consumer Rights Act 2015 such as an unfair contract even if you haven't mentioned it in your defence.

    You can then creatively expand on it being unfair to issue a PCN where there are no signs, and on a public road, for a vehicle that you don't own or drive and are not the keeper of the vehicle in their photos.
    It's also unfair to add fake charges for debt collection fees when it is not your car.
    Etcetera.
    I married my cousin. I had to...
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    "You're Safety Is My Primary Concern Dear" - Laks
  • Umkomaas
    Umkomaas Posts: 43,843 Forumite
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    If you've already a date allocated for a hearing you only get that after submitting your defence. What have you already written and sent to the Northampton CCBC?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    edited 17 September 2021 at 1:06PM
    Does BrownTrout cover this area? I  have not seen any posts for a while. You could message him.  
    He doesn't do parking stuff any more. 
    maxchristian said:
    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? 
    You really, really, don't need a solicitor and would be flushing money down the toilet.

    You can't claim the money for a solicitor back and everyone here, confident or not, manages to represent themselves.  That's what small claims is for and this is what we help all posters to gain confidence to see through.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Thanks to those above who made it clear I needed to up my game a bit. Submitted a full-on Witness Statement using one from a sticky here as a template and guess what arrived in the post today! (pic should be attached) They've wasted a great deal of my time, can I pursue this any further, obtain costs or anything?



  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You really, really, don't need a solicitor and would be flushing money down the toilet.

    Perhaps, perhaps not.  In June 2018 I engaged DC to attend court to represent me in a property matter  I did so as I was selling a property in Spain. The sale of which may have required my presnce there on the date of the hearing. 
    You never know how far you can go until you go too far.
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