Phase 1: CCJ Removed. Phase 2: Claim Discontinued. Phase 3: Costs.

Harvez63

Had an email from BWL 

We refer to the above matter.

We enclose the Claimant’s evidence which will be relied upon at the forthcoming hearing.

Please note that the Claimant will be represented by an advocate, who will be in attendance on the Claimant’s behalf.

Just going to have a read of their statement and I'll post - strong shout out here. 

DE_612183

Harvez63 said:

Had an email from BWL 

We refer to the above matter.

We enclose the Claimant’s evidence which will be relied upon at the forthcoming hearing.

Please note that the Claimant will be represented by an advocate, who will be in attendance on the Claimant’s behalf.

Just going to have a read of their statement and I'll post - strong shout out here. 

Should the rebut to this be:

"The defendant has used all available material to him to produce a defence, including but not restricted to advice from internet forums such as Moneysavingexpert.com who advise users how to challenge incorrect parking charges. The defendant invites the claimant to advise where the points made in the defence are flawed or incorrect in their nature, rather than point out where the points may or may not have been acquired from."

Harvez63

Edit - Dropbox link to follow 

Harvez63

BWL gained a CCJ against me because of what can only be described as an administrative error (if I believe they actually didn't deliberately obtain the CCJ knowingly).

BWL missed the first date set by the judge (2nd of May) because of an "administrative oversight", it still took them until 12 today (4 weeks!) to correct this error and send over their witness statement. 

They have a lot of administrative oversights for a 'law firm' dont they! Or clearly a tactic to wait for me to submit my WS so they could submit there's afterwards. 

The original judge gave me two weeks longer then them to submit the WS, they have made it so that they had two weeks AFTER my issue to send theres. 

It's SO setup. SO deliberate. 

Just getting this off my chest before I focus in and ready myself to be calm and collective

https://www.dropbox.com/s/8iviv1wjgyyoeer/Claimant%27s%20Witness%20Statement%20and%20Skeleton%20Argument%20Redacted%20Personal%20Info.pdf?dl=0

Harvez63

Highly IRONIC btw, saying I've used a template and spent no time when the exhibits they've used, are exactly the same as used against @Daman1985 below!! (I actually kept this link hoping they'd play with the dates but they haven't)



Link above to @Daman1985 case
https://www.dropbox.com/s/pjc6bk6r8da1hzh/2019%2009%2011%20-%20POPLA%20Appeal%20-%20response%20from%20parking%20company%20-%20VETS4PETS%20SIGNAGE%20GDPR%20%28262%29.pdf?dl=0 

Coupon-mad

Yep.

Exact same template seen hundreds of times.

BW Legal clearly love slagging off MSE in this WS template.  They particularly seem to have an issue with me, and in recent years since I joined the Government's Private Parking Code Steering Group (which obviously made them twitchy) they posted about me on their website and emailed me personally and threatened me with court.

They had no case...off they jogged!

In addition to the words posted by @DE_612183 above, part of the rebuttal at the hearing to that point by BW: "Waaaah! He's used a defence from MSE forum!" is "the Claimant's WS is a template seen hundreds, if not thousands of times in these cases, but as regards using templates...so what? Why would either party be criticised for using a tried & tested basic version with relevant facts added?

Harvez63

Oh how many offers have you had to represent someone for them? I'd love to see you against them in court, id pay to see that!!

Do you see any show stoppers in there before I start running through some possible preplanned responses? I loathe my original response to the parking ticket before I found this forum! 

I guess BWL are £275 down in this case so far, going for double or nothing  but I look forward to potentially winning more costs and messaging back that bruja to ask if she still has my banking details from last time 

Coupon-mad

Haha!  Must admit I've won every time in court, including against BW Legal's Oxford-educated barrister in the 'Crosby' Southampton case.

@ParkingMad comes and watches!  It's a bit of a performance, as you know (you've had one hearing...odd, isn't it...like a game or act with the Judge as ringmaster). We reckon we are the self-styled 'Brighton ladies' of the Sussex parking case defence circuit.

I last beat BW Legal in February at a video hearing and got a 'well done' from the Judge for pulling Hancock v Promontoria out of the hat to beat their solicitor.  She was spitting feathers!  I must post a thread about that case - was waiting to be sure it wasn't appealed.
 

There are no show-stoppers in a BW Legal template WS.  It will all come down to the signage in your case.  Concentrate on that.

Johnersh

Just say you have indeed used the forum... And then produce a near identical Gladstones statement template printed off from said forum.

Until there is a provision in the CPR that precludes the use of precedents they can just [Exhortation to leave] 

Le_Kirk

Johnersh said:

Just say you have indeed used the forum... And then produce a near identical Gladstones statement template printed off from said forum.

Until there is a provision in the CPR that precludes the use of precedents they can just [Exhortation to leave] 

Nice turn of phrase; is it legalese or just Anglo Saxon>