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BW Legal/3D Parking – Directions Questionnaire stage

edited 18 January 2020 at 11:49PM in Parking Tickets, Fines & Parking
49 replies 1.2K views
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  • BrokenSkyBrokenSky Forumite
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    Hi, I'm just bumping my thread hoping for some feedback on my draft WS and Supplementary WS in my posts above. For context, my Defence is in post #22 earlier in the thread if you'd like to refer to it. Please ignore my first WS draft at post # 31 and look at #36 and #37 instead.

    I would appreciate some expertise in checking that what I've put in my WS is admissible given that my Defence primarily relied on the lack of contract with the PPC. And also that the WS and Supplementary WS make sense before I finalise.

    I will need to submit the WS, Supplementary WS, Evidence, and Costs Schedule (already drafted) by Wednesday 22 January. I'm in a work meeting most of that day, so I would prefer to finalise and print most of this by tomorrow so the pack can be handed in to the court..

    Thank you.
  • Le_KirkLe_Kirk Forumite
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    Only you know what happened on the day and subsequently so I can only assume that your narrative is correct. Not sure why you refer to POPLA in the first part of your supplementary WS but the rest of it seems to be the now standard Abuse of Process etc. as per Coupon-mad's recommendations.
  • BrokenSkyBrokenSky Forumite
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    Thanks Le-Kirk.

    The reason I had included the POPLA, POFA timing and Beavis sections in the supplementary WS (paras 1 to 7) is that I thought these were legal points that could not be included in the narrative WS. Therefore I inserted these into the beginning of the Supplementary before Coupon-mad's wording. Does that make sense?
    Perhaps you believe the Greenslade quote from POPLA is a statement of fact so can be moved to the narrative WS?
  • BrokenSkyBrokenSky Forumite
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    Hi, I've just had the Claimant's WS come through by email earlier today. If I want to respond to and rebut any of their points (this needs to be delivered to the court tomorrow), should I put them in my narrative WS, or in the supplementary WS?
  • edited 30 January 2020 at 12:41AM
    BrokenSkyBrokenSky Forumite
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    edited 30 January 2020 at 12:41AM
    Hi all, I have what I believe to be an update full of good news. I've received in the post a letter from the court saying the claim has been struck out as the claimant failed to make their £25 payment by 15 January! So I guess this means the hearing next Wednesday is not happening.

    I will call the court to get verbal confirmation over the phone.

    In the meanwhile how do I go about pursuing my further costs for the claimant's unreasonable behaviour? My costs schedule was broken down and sent with my WS and were relatively substantial. However, I'm not so sure how to go about raising it with the Court or if the judge would even consider it?

    I'm out of the country for the next few days, so apologies in advance if my responses or thanks are delayed.
  • Coupon-madCoupon-mad Forumite
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    Yay, as long as they don't prove to the court that they did pay (and this DOES happen and has happened more than once due to courts not tallying things properly) then you have won.

    However, don't count your chickens. And getting costs now is harder.

    But look at the link in the NEWBIES thread to BlueToffee's thread about it.
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  • BrokenSkyBrokenSky Forumite
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    Thank you Coupon-mad. Yes, I did call the court and they confirmed that the claim had indeed been struck out and the hearing would no longer take place. When I asked the admin person on the phone what the claimant would do next, she said that they could seek to re-instate the claim, but it would be up to the judge to decide whether or not to allow it.

    I will continue to monitor my mail in case I get anything back from 3D or BW.
    However, don't count your chickens. And getting costs now is harder.

    With regards costs, I'm assuming you say it is now harder because the hearing didn't take place and I only have further costs for unreasonable behavior to claim?

    Is there a risk that if I ask for these costs, I risk aggravating them in seeking to reinstate the claim?

    Just as a side note, earlier in the thread, post #28 by Umkomaas gave me some advice on getting an SAR from the DVLA. I'm waiting to hear back from them as there may be a chance 3D only requested my information from them once for two different events. If so, off to ICO I go.
  • UmkomaasUmkomaas Forumite
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    When I asked the admin person on the phone what the claimant would do next, she said that they could seek to re-instate the claim, but it would be up to the judge to decide whether or not to allow it.
    They'd have to pay a fee (£100?) to reinstate - unlikely in my view.
    With regards costs, I'm assuming you say it is now harder because the hearing didn't take place and I only have further costs for unreasonable behavior to claim?

    Is there a risk that if I ask for these costs, I risk aggravating them in seeking to reinstate the claim?
    Who knows? Unreasonable behaviour is an extremely high bar to leap. I'd wait to see what the DVLA come up with, but I'd be getting on with the rest of my life in your shoes. If you want to really make life difficult for them, join the tiny number of volunteers here to put in the occasional shift to advise those who follow in your footsteps. :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
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  • BrokenSkyBrokenSky Forumite
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    Thank you all for helping with this, it is much appreciated and has saved me a lot of stress!.

    I'm glad I got a good outcome, and I will try to make the time, if possible, to help those looking for similar help on this forum.
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