county court claim Britainia parking/BW Legal

breakerm

breakerm said:

Coupon-mad said:

You did use the forum template defence?  what were your added points 2 and 3?

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but

liability is denied.

3. the said PCN was at a car park adjoined to a public house, on above date when I received the

fine in the post I went back to the pub to question what it was all about the barmaid said that it

was a private company and that the car park is nothing to do with them, there wasn't any signs up

stating parking fees or a payment machine

I went back inside and questioned the barmaid to which she said there is nothing she can do as

they have sold the pub, so in other words I don't care....

so having not seen any signage or payment area just ignored the PCN, thinking it was scam.

not hearing anything else until receiving this in the county court claim

This is what I said in my statement to them.. 
Court date is march 10th they are trying to say that the statement I have made is copied and pasted from the flagged post on this forum. And so shouldn’t be allowed to be used as it isn’t a true statement.. 

KeithP

breakerm said:

breakerm said:

Coupon-mad said:

You did use the forum template defence?  what were your added points 2 and 3?

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but

liability is denied.

3. the said PCN was at a car park adjoined to a public house, on above date when I received the

fine in the post I went back to the pub to question what it was all about the barmaid said that it

was a private company and that the car park is nothing to do with them, there wasn't any signs up

stating parking fees or a payment machine

I went back inside and questioned the barmaid to which she said there is nothing she can do as

they have sold the pub, so in other words I don't care....

so having not seen any signage or payment area just ignored the PCN, thinking it was scam.

not hearing anything else until receiving this in the county court claim

This is what I said in my statement to them.. 
Court date is march 10th they are trying to say that the statement I have made is copied and pasted from the flagged post on this forum. And so shouldn’t be allowed to be used as it isn’t a true statement.. 

But back in December 2021 you told us that was your Defence.

Earlier today I asked you...

KeithP said:

Have you filed a Witness Statement together with your evidence?

OK, so the hearing on 10th March.
 

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.

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

breakerm

KeithP said:

breakerm said:

breakerm said:

Coupon-mad said:

You did use the forum template defence?  what were your added points 2 and 3?

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but

liability is denied.

3. the said PCN was at a car park adjoined to a public house, on above date when I received the

fine in the post I went back to the pub to question what it was all about the barmaid said that it

was a private company and that the car park is nothing to do with them, there wasn't any signs up

stating parking fees or a payment machine

I went back inside and questioned the barmaid to which she said there is nothing she can do as

they have sold the pub, so in other words I don't care....

so having not seen any signage or payment area just ignored the PCN, thinking it was scam.

not hearing anything else until receiving this in the county court claim

This is what I said in my statement to them.. 
Court date is march 10th they are trying to say that the statement I have made is copied and pasted from the flagged post on this forum. And so shouldn’t be allowed to be used as it isn’t a true statement.. 

But back in December 2021 you told us that was your Defence.

Earlier today I asked you...

KeithP said:

Have you filed a Witness Statement together with your evidence?

OK, so the hearing on 10th March.
 

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.

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

I’m really not sure what I have a sent to who and what I haven’t sent to be honest. 

It’s just receiving a big pile of evidence from be legal today has got me thinking I’m beat and should I just pay the amount they want?? 

Going back through mails sent 

The last thing I sent to ccbcaq@justice was a defence letter In dec 2021

then the n180 to britpark on feb 2022 

But to be honest it has all been going on too long I just don’t know where I stand with it now..

Boat_to_Bolivia

breakerm said:

KeithP said:

breakerm said:

breakerm said:

Coupon-mad said:

You did use the forum template defence?  what were your added points 2 and 3?

2. It is admitted that the Defendant was the registered keeper of the vehicle in question but

liability is denied.

3. the said PCN was at a car park adjoined to a public house, on above date when I received the

fine in the post I went back to the pub to question what it was all about the barmaid said that it

was a private company and that the car park is nothing to do with them, there wasn't any signs up

stating parking fees or a payment machine

I went back inside and questioned the barmaid to which she said there is nothing she can do as

they have sold the pub, so in other words I don't care....

so having not seen any signage or payment area just ignored the PCN, thinking it was scam.

not hearing anything else until receiving this in the county court claim

This is what I said in my statement to them.. 
Court date is march 10th they are trying to say that the statement I have made is copied and pasted from the flagged post on this forum. And so shouldn’t be allowed to be used as it isn’t a true statement.. 

But back in December 2021 you told us that was your Defence.

Earlier today I asked you...

KeithP said:

Have you filed a Witness Statement together with your evidence?

OK, so the hearing on 10th March.
 

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.

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

I’m really not sure what I have a sent to who and what I haven’t sent to be honest. 

It’s just receiving a big pile of evidence from be legal today has got me thinking I’m beat and should I just pay the amount they want?? 

Going back through mails sent 

The last thing I sent to ccbcaq@justice was a defence letter In dec 2021

then the n180 to britpark on feb 2022 

But to be honest it has all been going on too long I just don’t know where I stand with it now..

Well if you don't know, I am unsure how anyone here can help?

Have you sent your Witness Statement?

Coupon-mad

breakerm said

Court date is march 10th they are trying to say that the statement I have made is copied and pasted from the flagged post on this forum. And so shouldn’t be allowed to be used as it isn’t a true statement.. 

But that's standard for BW Legal.  Happens on every thread involving claims from them...surely you read some and were expecting that template rubbish?

And more importantly, surely you were ready and expecting to have to file & serve a WS bundle this week - because the hearing letter orders you to (BW have done theirs.  You are almost in breach).

it doesn't seem like you've re-read the NEWBIES thread section headed in red IMPORTANT:  KNOW WHAT HAPPENS WHEN which tells you all about witness statement stage and evidence.

Currently you have none and will likely lose the case.  You probably have until tomorrow afternoon to rectify this omission.

breakerm

Coupon-mad said:

breakerm said

Court date is march 10th they are trying to say that the statement I have made is copied and pasted from the flagged post on this forum. And so shouldn’t be allowed to be used as it isn’t a true statement.. 

But that's standard for BW Legal.  Happens on every thread involving claims from them...surely you read some and were expecting that template rubbish?

And more importantly, surely you were ready and expecting to have to file & serve a WS bundle this week - because the hearing letter orders you to (BW have done theirs.  You are almost in breach).

it doesn't seem like you've re-read the NEWBIES thread section headed in red IMPORTANT:  KNOW WHAT HAPPENS WHEN which tells you all about witness statement stage and evidence.

Currently you have none and will likely lose the case.  You probably have until tomorrow afternoon to rectify this omission.

I have not done a witness statement just thought it was going through the motions and won’t even make it to court and get stopped before hand. Never done anything like this in. Court before so obviously very green 

I won’t be able to get all the stuff together by this afternoon as I am at work now.. I’m just going to have to suffer it and pay it just to stop the extra court fees.

Coupon-mad

Nononono! Eek NO!

Absolutely NOT, @breakerm

There aren't any extra court fees, you are at the max costs stage now already!  You WILL be able to win and pay nothing.

This can be put right.  You are not the first to be doing a slightly late WS!  

This weekend, do a WS bundle by copying & easily adapting the ones recently shown on the threads by @aphex007 and @SJRRJS

Easy.

Copy & paste stuff with your own story added at the start, and your own photos if you have them. Most people in your shoes who are running late do it in one evening and then off it goes by email to the solicitors and the local court (not the CCBC in Northampton). 

If you can do that bundle tonight, email it tonight and at least it will be in time re the date.

If you do it over the weekend email it straight away once we've checked it. You will only be a little late and the Judge will almost certainly think no disadvantage has been caused and will allow you to speak as a witness.

Your current position (no WS) doesn't even give you any right to be heard!  You can easily put that right and get back on track in hours, either tonight or by Monday morning.

No-one here folds and pays the extortionate full amount just because they've received the usual template WS rubbish you describe, accusing us all of copying and pasting from MSE (do you think a Judge cares?).  Judges can see exactly who is the worst offender at cut & paste!

Everyone gets that and LOADS of people succeed with a slightly late WS.

KeithP

You have shown the world your full name, the Claim number, and the hearing court.
That's enough information for anyone to file a Witness Statement. Some of those people may not have your best interests at heart and could file an abusive Statement on your behalf.

Suggest you take that WS down immediately and obliterate sensitive information before reposting.

Another point... paragraph 39 mentions exhibit xx-16 but you haven't included it.

breakerm

KeithP said:

You have shown the world your full name, the Claim number, and the hearing court.
That's enough information for anyone to file a Witness Statement. Some of those people may not have your best interests at heart and could file an abusive Statement on your behalf.

Suggest you take that WS down immediately and obliterate sensitive information before reposting.

Another point... paragraph 39 mentions exhibit xx-16 but you haven't included it.

thank you didn't even think about that...

breakerm

v2 of witness statement 

https://www.dropbox.com/s/2rvjwd85pgs78tj/Witness Statement v2.pdf?dl=0

again if anyone wants to run through it for me it would be much appreciated