BW Legal/ UK parking Patrol (again!)

Coupon-mad

Wow, you had to wait almost a year.  What a total court time-wasting scam industry it is.

Please show us the 2023 written Order that you say the C has breached. I want to see the whole wording (cover your name and the claim number).

Castle

I wonder if the claimant has discontinued, and "forgotten" to tell the Defendant.

moneylion

Coupon-mad said:

Wow, you had to wait almost a year.  What a total court time-wasting scam industry it is.

Please show us the 2023 written Order that you say the C has breached. I want to see the whole wording (cover your name and the claim number).

Hi Coupon-mad - thanks so much for your quick reply. Here is the link

https://www.dropbox.com/scl/fi/1ljtsfxs66pnchoqeis2m/Scan2024-06-17_095422.pdf?rlkey=sb140sx0epqskmvrtmkbiu6ot&st=56ilsf4t&dl=0

Castle said:

I wonder if the claimant has discontinued, and "forgotten" to tell the Defendant.

Didn't consider this aspect! thanks ... Is there a way of working this out. The time is really inconvenient from a work perspective so if this is the case, i would rather know earlier than having to go to Court and back without any purpose! 

Coupon-mad

I think wait until you are WITHIN two weeks of the hearing (to stop them picking this one up again sooner). Then:

...email BW Legal and ask them if they've discontinued this case and not told you or the court. You are asking because they failed to file and serve the documents they were ordered to provide in August 2023 and had already been held liable for delay and costs at the first hearing, so you will be claiming all your costs this time too if the second hearing is not vacated. Clearly to (allegedly) have a 137 page bundle but not bother to file & serve it, despite being ordered to do so, is unreasonable.

Attach that Order and an updated costs assessment stating how much you will claim this time.  

But don't do this until you are within 2 weeks of the hearing.

Does this hearing Order give a new deadline for filing & serving WS or is it silent on directions?

moneylion

Coupon-mad said:

I think wait until you are WITHIN two weeks of the hearing (to stop them picking this one up again sooner). Then:

...email BW Legal and ask them if they've discontinued this case and not told you or the court. You are asking because they failed to file and serve the documents they were ordered to provide in August 2023 and had already been held liable for delay and costs at the first hearing, so you will be claiming all your costs this time too if the second hearing is not vacated. Clearly to (allegedly) have a 137 page bundle but not bother to file & serve it, despite being ordered to do so, is unreasonable.

Attach that Order and an updated costs assessment stating how much you will claim this time.  

But don't do this until you are within 2 weeks of the hearing.

Does this hearing Order give a new deadline for filing & serving WS or is it silent on directions?

Hi I deliberately waited until we were within 2 weeks to resurrect this thread in case they had snoopers here. 

WRT to emailing BW legal, what would be process of claiming costs if they do vacate the second hearing after I email them and they heed my question track?

In my witness statement I had asked for costs totalling £423 .. now given how close we are to the hearing date, I would like to pursue this as it has been highly inconvenient and taxing. I feel like it may be best to turn up and get the Judge to find unreasonableness on their part and pay me more costs. 

Can I now seek more than £423 ? The WS was sent in early 2022 - 2 years ago. I have had to do a lot more research in the that period due to the court delays 

The Order does not give any directions but from memory, I could email the court a week before for it to make it to the Judge's document pile on the day. Should I send a quick note wrt to this issue to the court? 

TIA for all your help 

Coupon-mad

WRT to emailing BW legal, what would be process of claiming costs if they do vacate the second hearing?

As shown in the example in the NEWBIES thread.  There's an example there.

For now I would also email the local court your bundle from 2022, a fresh costs assessment AND say you note the Claimant stands in breach of the Order dated xx/xx/2023, has been completely silent since the last hearing (where they were found to be unreasonable and liable for costs) and if they now discontinue at the eleventh hour, you wish for the hearing to continue as a final costs hearing for the Defendant.

Finally, quote the 'White book' annotation seen in the conclusion of our Template Defence.

Copy in BW Legal (you have to).

  

moneylion

Fresh out of court and in a state of shock. 

I LOST!!!

the Judge I was informed was fairly new so maybe did not help matters. 

None of my defence points raised in WS were adequately considered. I pointed out that I was delayed by construction traffic and she said I should have known that when I chose to park there. I could not have known how long delays would take! 

She accepted there were adequate signs even though my exhibits showed no clear signs. 

She allowed all the fake charges. 

Right way through felt she was against my representations. And did not challenge Bw enough. She also did not accept the amount of time waste they have caused by not being organised. 

She disallowed POFA and CRA issues in my WS. 

I have to pay up £280.04 which I am really annoyed about because I thought had it in the bag. 

Happy to answer any more questions. So annoyed! 

Coupon-mad

But wasn't there already a finding of unreasonable conduct from the previous hearing, AND you said they were in breach of the Order?

Did you email to say that like I suggested and did you remind the Judge of this?

Did you ever see the 137 page bundle?

Did she?

I think you can take this to Contestor Legal. Show them the first Order & paperwork and tell them BW Legal appeared to you to be in breach of that Order yet this Judge allowed everything.

Given you've been ordered by a rookie Judge to pay nearly £300, if it were me I'd spend that money instead on an appeal and Contestor Legal's fee, if Jackson Yamba agrees there are grounds.

He takes a particular interest in BW Legal cases.  And he knows his stuff and reportedly usually gets the fees paid by the other side when he wins.

You MUST do this promptly. The window to appeal is short.  I'd contact him now.

moneylion

Hello
Yes I did email them with an additional witness statement that was received by all parties and yes I did point this out to the judge but she said that now everyone was on the same page with the same bundle of papers so she would allow it. 

I am happy to contact Contestor legal and work out the ground of this.

I have 14 days to pay up in any case. No wonder these roboclaim lawyers do so well. 

The judge also did not allow me to contest the claimants final statement which she said she wouldnt but i thought was a bit unfair as a litigant in person because they raised some incorrect points. 

Coupon-mad

You don't have 14 days to pay up if there are grounds to appeal.  You don't pay if appealing; but it will cost you some up front fees instead.

Jackson will let you know if he sees grounds.

Did you ever see the 137 page bundle?

What did she say about the POFA 2012?

This looks like an error:

"The judge also did not allow me to contest the claimants final statement which she said she wouldnt but i thought was a bit unfair as a litigant in person because they raised some incorrect points."

Ask Jackson about that refusal.