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Disputed Parking Charge Britannia Parking Represented by BW Legal

13

Comments

  • flooredDesign
    flooredDesign Posts: 18 Forumite
    10 Posts Name Dropper Photogenic

    So the decision is, what is best for us? WS or LR? If we decide LR how do we notify the court ? Just in writing or a form to fill out?

  • Gr1pr
    Gr1pr Posts: 13,633 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper
    edited 7 May at 10:31PM

    AFAIK , The Lay Rep takes a copy of the Lay Reps document with them and informs the usher on the day

    The defendant MUST comply with the court order and submit her WS bundle to the court and B W Legal before the WS deadline date, 29th May, its an order, mandatory, not optional

  • Coupon-mad
    Coupon-mad Posts: 161,884 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 May at 10:43PM

    If I do not produce a WS can I be the LR?

    Yes.

    I've been a lay rep several times in parking cases. No permission or form needed. You just turn up with her & show the Usher the Lay Reps RoA Order … and say "no" if the court staff assume you are a 'McKenzie friend'. Nope, lay rep. Google the difference.

    Why would you want to supply a WS anyway? She's the defendant so cover it all in her WS.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • flooredDesign
    flooredDesign Posts: 18 Forumite
    10 Posts Name Dropper Photogenic

    That will all be fine, if it gets that far. I have been very aware since we moved to the SCT not to miss any deadlines or orders.

    So should we wait until we receive the Claimants WS before submitting WS bundle?

    My previous question was regarding the WS and Exhibits, was regarding what we should include with regards to the previous case references given on the Newbies thread as below…

    At witness statement stage (usually NOT LATER THAN 14 DAYS BEFORE YOUR HEARING!) 

    don't forget to file the evidence you will rely upon. Can include:

    (a) a copy of the Beavis case sign as a comparison to show how awful the small print sign was in yours case (see Google images - it's yellow and black)

    (b) photos proving the scarce/illegible small print signs & a view showing the lack of entrance signs, etc. and maybe a video of how it looks from a car? Get a passenger to hold a camera or phone to prove the lack of signs in similar light conditions.

    (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:

    ...and use wording like this to refer to those exhibits - note that the lead cases is 

    CEL v Chan and CPMS v Akandeas both were heard in Appeal and are persuasive::

    (d) if you are relying on a 'no keeper liability' argument, include a URL to Schedule 4 of the POFA and also exhibit the transcripts of 

    Excel v Smith and VCS v Edward(search the forum!).

  • Gr1pr
    Gr1pr Posts: 13,633 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper

    She should submit hers on Friday 29th May, regardless of what BW Legal do, unless they discontinue beforehand

  • flooredDesign
    flooredDesign Posts: 18 Forumite
    10 Posts Name Dropper Photogenic

    "Why would you want to supply a WS anyway? She's the defendant so cover it all in her WS."

    I suppose I thought having more than one witness would be beneficial. However, I think it more important I was there on the day.

  • flooredDesign
    flooredDesign Posts: 18 Forumite
    10 Posts Name Dropper Photogenic

    Fingers crossed they will discontinue! They've persevered so far though….

  • Castle
    Castle Posts: 5,087 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    When is the Hearing Fee due?

  • Car1980
    Car1980 Posts: 2,869 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker

    Yes. You usually know if they are discontinuing if you ring the court the day after to ask if they've paid their fee.

  • flooredDesign
    flooredDesign Posts: 18 Forumite
    10 Posts Name Dropper Photogenic

    The hearing date is the 30/06/26. The court has requested payment by 28 days before the trial date. So I make payment due on 02/06/26. I assume they have until 4pm that day.

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