New direction questionnaire from a stayed case in March 2020!!

Debunked

Hello all,
WS has been filed and have received theirs. Made me pretty annoyed, referring to me as if I was in the car park. Which I most certainly was not. Also putting loads to the judge about how it's copy and paste, and referencing this website. The bit that got me the most was asking the judge to strike out the claim because. My statements are false because how can little ol me understand all the things I have put in the defence!!
Who cares anyway, people are allowed to get help. Legal aid for instance, a free service to help the average person fight against terribly unethical companies as themselves.
Well it just so happens PP+BW that I Do understand all of what I put in. And by the time the hearing comes around they will understand how much I know. 🤞
Rant over, 😂 

Umkomaas

The bit that got me the most was asking the judge to strike out the claim because. My statements are false because how can little ol me understand all the things I have put in the defence!! 

The accusation of making a 'false statement' is serious, because if found to be the case it can lead to a contempt of court charge. You, of course, are not making such a false statement. 

I think you need to raise a complaint with the Solicitors Regulation Authority about the accusation. 

Manxman_in_exile

I don't often stray onto this board but I saw the thread title and decided to read it.

I appreciate that @Debunked has today met the deadline for submission of his court papers and probably feels like a well-earned rest, but wouldn't it be worth his while now to follow up the lack of response from the court to his letter (or email) that he submitted with his DQ?  I'm referring to the first dozen or so posts on this current thread where Debunked was advised to ask the court how this claim could possibly have been resurrected when he thought it had been chucked out about 18 months ago.

I assume his letter/email could never have been read by anyone in authority as I can't believe it could just have been ignored (or maybe I'm being naive).  I don't understand how a case can be chucked out unless amended POCs are submitted within 7 days, and it then get reinstated over a year later with no notice to Debunked.  Surely it's not unreasonable to expect an answer to the question being asked.

I'm just thinking that if this is simply some mix up or miscommunication at the court (SNAFU) might it not be better to try to resolve it before the hearing date in June?

Just asking...

Debunked

@Manxman_in_exile thanks for your thoughts.
I received the updated poc by email from the court after I challenged the fact I hadn't received updated poc. It was dated the 31st March '20, so I guess they applied for the stay lifting, in the correct amount of time. Although I would like to see evidence of that. I never received my copy of the updated poc, but I'm guessing the court are satisfied that they sent it to me.
I think they are going at this in a big way, they are trying to get unreasonable costs, and spouting abuse of process in their arguments also. 
Could be a tough day in court, but I will make sure I'm ready. 
Also @Umkomaas I sent an email to the SRA tonight to start the ball rolling on my complaint. 

Coupon-mad

I think they are going at this in a big way, they are trying to get unreasonable costs, and spouting abuse of process in their arguments also. 

What exactly does that say?

Not the tedious and patronising bit saying you "copied & pasted from an internet forum" (a big fat "so what?!" Is the answer to that, as you say).

How does it accuse you of abuse of process?

BW Legal appear to be getting more desperate recently.

IMHO, template witness statements accusing consumers of "false statements" for daring to use templates (oh the irony!) by seeking reliable free advice on the court process from experienced volunteer advisers here on MSE is tantamount to accusing you of fraud.  Unreasonable and vexatious conduct on their part, you might argue.

Debunked

Thanks @Coupon-mad I think I needed to hear that. Never having done this before so the realisation of reading their WS, Knowing that I could possibly have to argue several points in court, makes me a bit nervous. 
I believe they are just quoting reasons in their WS about how the judge can strike out a claim (I'm sure he will already know). So they mention abuse of process in that. 
Then they go on to say about how my defence doesn't comply with 16.4, but contains detailed information, that they doubt I know. So if that's the case I have made a false statement blah blah blah.... 

 The extra costs thing I don't get at all. They do this all the time. I have never done this! Even if I made unintentional mistakes that wasted the courts time how can that be deemed unreasonable behaviour. Surely experience has a part to play in that decision. 
But I guess that's the way the do things, as you say desperate. 

Also another good thing. They have nothing in their argument about why the signage was changed. Can't wait for the judge to ask whoever turns up why it was changed. 

Coupon-mad

Or (if that doesn't happen when the claimant's hired gun is speaking) wait for your turn then ask the Judge to consider that the fact the signs were all changed in xxxx year, strongly suggests on the balance of probabilities that the old signage was inadequate.

And because the Claimants have failed to address that defence point, then your allegation and statement on that point is deemed accepted.. 

Debunked

Hello all, 
Pleasure to be speaking with you all again.
OK so my saga continues, my court date was today at 11:30. Which I was prepared for, and had everything in place. Hadn't heard from claimant or court in the run up. Had told my work I would need the day off.
So I phoned the court this morning 8:30am just to check everything was in place, and guess what? 
It was adjourned yesterday afternoon!!!
The court said they had no contact details for me, but I have emailed them previously. They also asked the claimant BW to contact me which they never did.
So I'm now a days pay down, and pretty annoyed about the whole thing. 
One interesting point was the lady on the phone told me the claimant had paid the court fee on the 16th June, but the deadline on my letter received on the 8th December 2021states that application and court fees need to be received by the 7th June. Otherwise the case will be struck out.
Can I do anything with this? Any help appreciated.
P.s. Average life expectancy in this country is around 80, so at least 6% of my time on this planet, will be, (in varying degrees) dealing with this parking fine! 😂

Debunked

Court letter is on the 1st page of this thread. 😁

Coupon-mad

Send an email complaint to the court manager that you lost a day's pay because they didn't bother to email you, despite having all your details. State that the court caused this loss and what compensation will they offer? Attach proof of loss of leave/salary.