BW Legal / Premier Parking Solutions Ltd - Court Claim

Coupon-mad

ManFromWaySouth said:

A further question please....

I am a freelancer in the film industry. I have possible work over the court hearing date. I always knew this might happen as its very hard to predict when work will land.

Can I delay the hearing date? Or do I just resign myself to missing the work - which will cost me hugely. Far more than the claim, and more than I could possibly file costs for.

I decided to go through this process as a matter of principle so I am willing to forsake the work for the greater good. But perhaps there is another option????

If I was to delay, does this effect my chances?

If you quickly email the Claimant's solicitor to ask if they agree to the court postponing the hearing (show proof of your work) you can present that email to the local court and ask for the hearing to be vacated and relisted, without need for an application.

Do it quickly because if you don't get consent it'll cost you £129 fee to apply to change it without agreement from both parties.

ManFromWaySouth

Thanks @Coupon-mad

Do I need to wait for the claimants solicitor to reply, or do I just show them my email to the solicitor?

Also, I imagine I still need to submit my Witness statement on time and if possible could you and the group have a look at it.... Any suggestions welcome!!

note: I am unsure of whether to include point 7? AND I have added appendix to the final draft but not included here to see as its several pages.

Could you perhaps advise whether I need to include the Beavis case and how do I do that? Is it just a picture or is there text to find too?

Coupon-mad

That's very short. Doesn't look like you've read the WS & exhibits advice in the NEWBIES thread post 2 yet? 

ManFromWaySouth

I've read it several times but didn't feel like any of the points related to my situation. Other than including the Beavis case example. It states "contractual breach".

Coupon-mad

Excel v Wilkinson does. You've said nothing about the added £60 or £70 being disproportionate.

Plus the Beavis sign as a comparison of clear terms. And the Beavis quotes.

ManFromWaySouth

Is this any better.....

ManFromWaySouth

Also how do I email my witness statement to Stockport County Court??? Is it to the general enquiries email??? Cant find that advice anywhere.

Umkomaas

ManFromWaySouth said:

Also how do I email my witness statement to Stockport County Court??? Is it to the general enquiries email??? Cant find that advice anywhere.

If their website doesn't tell you, call them up and ask. 

And don't forget, BWL must be emailed a copy too. 

Le_Kirk

You need the up-to-date statement of truth; the one you have used is three years out-of-date at least!

Coupon-mad

ManFromWaySouth said:

Here is the claim form.

Your POC does state the breach allegation.

You can't use that version WS.

Your own paragraphs at the start are very good.

You can't use CEL v Chan (due to the above POC) and everything you copied below that is very old indeed. Bin everything from Chan onwards (APART FROM ANYTHING ABOUT EXCEL V WILKINSON WHICH IS STILL GOOD) and instead add paras 4-10 taken from the Template Defence .. yep, even though it's a defence those paras work for WS too.

And change the SoT to the longer one - yours is 5 years out of date.