BW Legal / Premier Parking Solutions Ltd - Court Claim

ManFromWaySouth

Appreciate the feed back.

Unfortunately my deadline came before I got any of this and I had to submit the WS as it was.

I've been very stressed over this what with juggling school holidays and working 14hr days.

How bad is it???? Has this ruined my chances of winning given I submitted the WS with outdated info. I honestly tried to find updated WS template but couldn't. I read and read and read and got confused.

At this stage, I definietly have to appeal to the court and claimant for a date change or risk loosing out of £1000's of work. Which will make this whole process way worse. Or I settle and take a moral loss.

Also their WS was waiting for me when I got in last night. Would love to share but its 48 pages. Can I upload it anywhere?

Le_Kirk

I bet we've seen that WS before so, with respect, we don't need to see it again. Read through it and use anything that is to your advantage and be prepared to defend (in court) anything that is out and out lies or just plain wrong.

Castle

Posting up a copy of the landowner's contract is always useful.

Coupon-mad

ManFromWaySouth said:

Appreciate the feed back.

Unfortunately my deadline came before I got any of this and I had to submit the WS as it was.

I've been very stressed over this what with juggling school holidays and working 14hr days.

How bad is it???? Has this ruined my chances of winning given I submitted the WS with outdated info. I honestly tried to find updated WS template but couldn't. I read and read and read and got confused.

At this stage, I definitely have to appeal to the court and claimant for a date change or risk loosing out of £1000's of work.

Which will make this whole process way worse. Or I settle and take a moral loss.

Email the solicitors and ask them to kindly consent to the hearing date being postponed. That then avoids an application fee.

ManFromWaySouth

Update....

So I emailed the Claimants Solicitor and they agreed to postponing the hearing date.

I emailed the courts with their agreement and proof of work asking for the hearing to be vacated and re-listed. 

Today I recieved an email from the courts stating that my request was refered to a judge who stated that an application is required and a court fee of £313 is payable.

The Claimant is willing to settle for £180 "strictly without prejudice basis."

At this point I am out of pocket no matter what. The cheapest option is to settle with the claimant.

Any advice pls?

Car1980

Personally I'd gamble the extra £133 over settling. The tariffs make no sense. And the Consumer Rights Act 2015 clearly states that in any contractual ambiguity the version preferential to the consumer must prevail.

Theyre making offers because they won't really want to go to court themselves either.

But I'd go hardball and email them that the judge is refusing the consent so you WILL pay the £313 in 48 hours and they have that time to discontinue their absurd claim, centred on the fact their client is incapable of the very simple task of creating a tariff board that makes sense (state the part of the CRA at them I mentioned too) and enclose a costs assessment citing unreasonable behaviour as per Barclays v Orton and including the £313.

Have you done a costs assessment? 

Coupon-mad

ManFromWaySouth said:

Update....

So I emailed the Claimants Solicitor and they agreed to postponing the hearing date.

I emailed the courts with their agreement and proof of work asking for the hearing to be vacated and re-listed. 

Today I recieved an email from the courts stating that my request was refered to a judge who stated that an application is required and a court fee of £313 is payable.

The Claimant is willing to settle for £180 "strictly without prejudice basis."

At this point I am out of pocket no matter what. The cheapest option is to settle with the claimant.

Any advice pls?

Reply to the court and point out that a request with consent to adjourn a hearing is not one that requires an application.

It'll be in the CPRs somewhere I assume. @Johnersh or @troublemaker22 might know.
Google it. Find the rule and quote it to the court manager quickly.

Car1980

Yep, but you don't know that yet 😉

Opportunity for some leverage by threatening them with £313 additional costs. They're not going to advise you that it should be free.

Johnersh

The court is correct in my view. It matters not if the claimant consents to an adjournment, that is an application to move the hearing for which a consent order fee is required.

The defendant could press on and serve a second WS in supplement to the first. It's not like the claimant ppcs never do that. However, the court doesn't necessarily have to permit it and, in my view, it would be best to avoid use of a second template document at that stage.