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Abuse of Process ... District Judge tells BWLegal

edited 16 February at 11:01AM in Parking Tickets, Fines & Parking
296 replies 35.6K views
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Replies

  • Was I supposed to include a copy of the ticket in with my reply/defense? I stated in the defense that we had proof of purchase of the ticket etc, I never made a secret of it. I recall speaking to Premier Park to point to their 'error' during the appeal process and sent them a photo of the ticket and said exactly this to BW Legal when I spoke to them about their 'legal' action.
  • Hi all. I hope this is not a silly question...

    I am currently writing my Witness Statement for a court appearance in early January 2020. I have followed examples on here and have a good account of my case written up.

    What I am unsure about, and my question, is how would I include the abuse of process matter into my WS.

    I understand the WS to be my account/knowledge, but the details regarding the abuse of process is not my first hand knowledge.

    Any clarification in regard to this will be fantastic!
  • Fantastic news that BW Legal's appeal failed! And just at the right time, I'm currently sorting out my witness statement for my hearing in January.

    Fingers crossed that this helps tip the scales in my favour :D
  • UmkomaasUmkomaas
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    moon_dust wrote: »
    Hi all. I hope this is not a silly question...

    I am currently writing my Witness Statement for a court appearance in early January 2020. I have followed examples on here and have a good account of my case written up.

    What I am unsure about, and my question, is how would I include the abuse of process matter into my WS.

    I understand the WS to be my account/knowledge, but the details regarding the abuse of process is not my first hand knowledge.

    Any clarification in regard to this will be fantastic!

    It will be fine to include - evidence.
  • Coupon-madCoupon-mad
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    moon_dust wrote: »
    Hi all. I hope this is not a silly question...

    I am currently writing my Witness Statement for a court appearance in early January 2020. I have followed examples on here and have a good account of my case written up.

    What I am unsure about, and my question, is how would I include the abuse of process matter into my WS.

    I understand the WS to be my account/knowledge, but the details regarding the abuse of process is not my first hand knowledge.

    Any clarification in regard to this will be fantastic!
    You can certainly give a first hand account and evidence that you have researched this and discovered that this consumer notice is unfair and breaches the CRA 2015 Schedule 2 (the grey list) and the term to try to recover the same £60 twice is unlawful. Then say you have discovered that this was tested in an application made by BW Legal that was successfully contested by a consumer, and the Judge found in favour of the Defendant on all three counts of the CRA 2015 breaches, and the Beavis case was held to preclude increasing a private parking charge, at all, and that a claim over £160 would be manifestly excessive and contrary to the POFA.

    Blah Blah...

    Very good current example of what to file, here:

    https://forums.moneysavingexpert.com/showthread.php?p=76494760#post76494760

    Might not suit every case but gives you an idea.

    The Consumer Rights Act stuff is new this week from CEC16's thread, just in case newbies have missed it - got read it!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad wrote: »
    You can certainly give a first hand account and evidence that you have researched this and discovered that this consumer notice is unfair and breaches the CRA 2015 Schedule 2 (the grey list) and the term to try to recover the same £60 twice is unlawful. Then say you have discovered that this was tested in an application made by BW Legal that was successfully contested by a consumer, and the Judge found in favour of the Defendant on all three counts of the CRA 2015 breaches, and the Beavis case was held to preclude increasing a private parking charge, at all, and that a claim over £160 would be manifestly excessive and contrary to the POFA.

    Blah Blah...

    Very good current example of what to file, here:

    https://forums.moneysavingexpert.com/showthread.php?p=76494760#post76494760

    Might not suit every case but gives you an idea.

    The Consumer Rights Act stuff is new this week from CEC16's thread, just in case newbies have missed it - got read it!

    Thanks a lot for the advice - appreciate it!
  • Coupon-mad wrote: »



    and until we get the transcript, print out this Southampton court report as well:

    http://forums.pepipoo.com/index.php?showtopic=131517

    F0DP806M/F0DP201T BRITANNIA PARKING -v- Mr C and another
    - APPLICATION TO SET ASIDE STRIKE OUT ORDER - AT SOUTHAMPTON COURT BEFORE DISTRICT JUDGE GRAND - 10.30am 11/11/2019





    Should the Southampton court report be printed and used as evidence in it's entirety?
  • legal_magpielegal_magpie
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    0range wrote: »
    Should the Southampton court report be printed and used as evidence in it's entirety?

    I would edit out the general comments and stick to the report of the hearing
  • Coupon-madCoupon-mad
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    0range wrote: »
    Should the Southampton court report be printed and used as evidence in it's entirety?

    I would use the court report from CEC16's thread a there is no transcript yet, and quote DJ Grand where I typed up his words from that hearing, in post #14 of this very thread.

    But as that is 'hearsay' (random words from me, a stranger on a forum) your strongest suit is in fact the law. Let the POFA sch4 , the CRA 2015 sch2 and the Beavis case paras 98, 193 and 198 speak for you.

    At Soton I just listed the 1, 2, 3 points starting 'The Claimant knew or should have known' and handed over the 3 law/case law printouts relied upon, and reminded the court before the barrister could draw breath, that para 71 of the CRA says the court has a DUTY to consider fairness/the CRA, even if a D has not mentioned it.

    Everyone can do the same, even without putting the court report in as an exhibit (in fact it's probably best just to print it for yourself as a crib sheet, and stick to serving the 3 points of law).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • edited 15 December 2019 at 2:14PM
    markyvrsmarkyvrs
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    edited 15 December 2019 at 2:14PM
    Posted in wrong thread
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