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Premier Park, BW Legal Court Claim 2025

13

Comments

  • You could offer a minimum sum to show you wish to engage but it is very unlikely to be accepted. Personally I wouldn’t bother. This is not a court hearing where detail of the claim is going to be examined. At this stage they want the full amount of their claim and you don’t want to pay any of it. When the mediator sees no middle ground and can’t persuade you to pay the session will end and the claimant will then have to decide whether they are going to proceed to a hearing.
  • mymisc2839
    mymisc2839 Posts: 20 Forumite
    10 Posts Name Dropper
    Looks like BW Legal are continuing with the hearing. I'm looking for the struck-out statement, where would I find that? 

  • mymisc2839
    mymisc2839 Posts: 20 Forumite
    10 Posts Name Dropper
    Gr1pr said:
    You dont discuss the case , only monetary settlement. ( or not. ) its mediation,  not court,  no judge 

    Study the latest advice prompted by ChirpyChicken in the 8 steps in the defence template thread in announcements,  there are 3 links, the third says exactly what I needed,  unless you offer £5 or £10 

    BTW, your defence has already been filed so you and the claimant already know what it said 


    By defence template, do you mean the one submitted to Mcol? If so, I have already gone past that and small claims hearing date has been set for 20th Jan. Need to submit my evidence and a witness statement by 6th Jan.
  • Gr1pr
    Gr1pr Posts: 13,888 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper
    edited 3 January at 5:11PM
    Looks like when I clicked on the last page , page 2, not page 3, so it stayed on the earlier mediation page 2, so I will delete my earlier incorrect reply 

    I suggest that you crack on with your WS & Exhibits bundle ASAP if it has to be in by Tuesday, in 3 days time 

    Has the hearing fee been paid. ?

    What struck out statement are you referring to. ?
  • mymisc2839
    mymisc2839 Posts: 20 Forumite
    10 Posts Name Dropper
    Gr1pr said:
    Looks like when I clicked on the last page , page 2, not page 3, so it stayed on the earlier mediation page 2, so I will delete my earlier incorrect reply 

    Has the hearing fee been paid. ?

    What struck out statement are you referring to. ?
    Ok, no probs.
    How would I be certain that the hearing fee has been paid? What I do know, is that BW Legal sent a very thick document of their evidence and statement. Which I would think indicates they intend to proceed.

    Regarding the 'strike out' statement... I'm referring to this part on the newbies forum. (the link should take you to the highlighted section.)


    https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou/#:~:text=(c). If the Claim form did not specify the term breached, include the strike out orders shown here in a link to CEL v Chan and similar case 'strike out' Judgments from all over the English courts: https://forums.moneysavingexpert.com/discussion/comment/80812842/#Comment_80812842 
  • Gr1pr
    Gr1pr Posts: 13,888 Forumite
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    edited 3 January at 5:27PM
    You would phone Walsall court on Monday to check if the hearing fee was paid or not,  if you wanted to know  ( seems obvious to me. )

    But I agree with you that receiving their WS Bundle does indicate that its going ahead,  which is expected 

    The Chan and Akande order is probably in the Judgments thread by Le Kirk,  should it be required in your case

    Just click on the links
  • mymisc2839
    mymisc2839 Posts: 20 Forumite
    10 Posts Name Dropper
    Gr1pr said:
    You would phone Walsall court on Monday to check if the hearing fee was paid or not,  if you wanted to know  ( seems obvious to me. )

    But I agree with you that receiving their WS Bundle does indicate that its going ahead,  which is expected 

    The Chan and Akande order is probably in the Judgments thread by Le Kirk,  should it be required in your case

    Just click on the links
    Oh I see.

    I have clicked on the thread but what I mean is I the similar wording used on that thread doesn't seem to be included in the paperwork I sent through above.
  • Gr1pr
    Gr1pr Posts: 13,888 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper
    The alleged breach is pleaded in the POC back on page 1 of this thread, so I have no idea why you want the Chan and Akande judgment 
  • mymisc2839
    mymisc2839 Posts: 20 Forumite
    10 Posts Name Dropper
    Gr1pr said:
    The alleged breach is pleaded in the POC back on page 1 of this thread, so I have no idea why you want the Chan and Akande judgment 
    K thanks - remember we are not as knowledgeable as you guys on this, but thanks again.
    So basically I understand I can't include that as part of my evidence or witness statement. That's fine.

    I need to do my witness statement now. If you have any helpful tips on that, that would be great. If not, no probs.
  • Gr1pr
    Gr1pr Posts: 13,888 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper
    edited 3 January at 6:42PM
    We only gain the knowledge by reading the cases,  not usually from personal experience,  so you could have been studying between mediation and the present,  especially as you have had that court order for a month already 

    The newbies sticky thread in announcements near the top of the forum by coupon mad explains the WS & Exhibits bundle stage,  but it should back up your defence,  and expand on it,  but its your case and you are witness number 1, so yours to write with added relevant Exhibits,  plus the latest statement of truth 

    Our general collective advice is that you study the WS advice in the newbies sticky thread in announcements and also study half a dozen or more recent WS on here that got a thumbs up as good to go,  using them as the basis for your own WS bundle.  That is what I would be doing 

    Good luck 
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