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BW Legal - County Court DEFENCE needed in 2 WEEKS

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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ... I will be trembling!
    Have a look at this short video:
  • TheSquirrel
    TheSquirrel Posts: 22 Forumite
    Thank you KeithP I hope it is the Chambers and small and more informal as suggested in that video
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Take a wage slip (to claim costs at the end before leaving, when you win!) and copies of EVERYTHING, ideally in triplicate in case they (the Court or Judge) say they didn't get it from you.

    Submit a COSTS SCHEDULE 48 hours before (see the NEWBIES thread).

    Get there half an hour early to get through security and not be in a rush, as you can sit in a waiting room once you've signed in with the Court Usher.

    Do not discuss the case with the Claimant's rep, and don't take paperwork from them foisted on you outside last minute. Just a polite ''no thanks, I will see you in front of the Judge''.

    Read all the wins to see why we tell you not to discuss the case with them, by searching this forum for:

    another one bites the dust
    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
  • TheSquirrel
    TheSquirrel Posts: 22 Forumite
    Thank you so much, You've made me feel so much better about this - I also feel better now I've submitted everything read my info over and over and found even more ways in which I can hopefully get this dismissed. I Have a wage slip packed and ready - fingers crossed now!

    Definitely not taking a trip to negative town but, worst case scenario, I've read so much info on them not being allowed to claim legal fees, yet it is mentioned as part of their financial breakdown as being £50, am I right in thinking they cant charge me this in a small claim track?
  • Umkomaas
    Umkomaas Posts: 43,826 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Definitely not taking a trip to negative town but, worst case scenario, I've read so much info on them not being allowed to claim legal fees, yet it is mentioned as part of their financial breakdown as being £50, am I right in thinking they cant charge me this in a small claim track?
    The £50 legal fee is the capped maximum a claimant can claim in the small claims court. There's no prospect of mountainous legal costs raining in on a losing defendant, unless he's been a complete 4rse with the court. Even then, that bar is incredibly high. Don't worry about it, you're not in that ballpark.

    A lost parking charge case would be:

    £100 - original charge
    £25 - court filing fee
    £50 - legal costs
    £25 - court hearing fee (possibly, but we don't often see that added)
    Maybe a few pounds of interest (a tenner perhaps?)

    Anything claimed over and above the list must be challenged - forum search on double recovery.

    HTH
    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.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • TheSquirrel
    TheSquirrel Posts: 22 Forumite
    CASE DISMISSED on a technicality, the advocate that was sent was not legally allowed to represent under "Rights of Audience" as they were not a fully qualified solicitor, barrister or employed by the claimant they were not given the right of audience and therefore the case got dismissed out of court.

    Thanks to everyone who gave me the confidence to attend
  • Le_Kirk
    Le_Kirk Posts: 25,163 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Wow, well done and on a RoA as well.
  • Umkomaas
    Umkomaas Posts: 43,826 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Brilliant result. Train crash miraculously avoided, I'm so pleased for you and that you persevered and stepped into the world well beyond your comfort zone and came out the other side victorious.

    Did you raise RoA, or was that the Judge? RoA is not a usual scenario. Could you give us a bit more detail as to how this was raised, debated and handled please?
    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.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    CASE DISMISSED on a technicality, the advocate that was sent was not legally allowed to represent under "Rights of Audience" as they were not a fully qualified solicitor, barrister or employed by the claimant they were not given the right of audience and therefore the case got dismissed out of court.

    Thanks to everyone who gave me the confidence to attend

    Wow well done - a rare case where a Judge agreed on the RoA front!

    :T

    ANOTHER ONE BITES THE DUST.

    Tell us more! Which Judge and which court, and did YOU raise RoA with the relevant Law Gazette and articles/case law to support that point?
    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
  • TheSquirrel
    TheSquirrel Posts: 22 Forumite
    edited 4 June 2019 at 10:20AM
    I spent the last 5 days frantically gaining every piece of evidence I could ever hope to find, bought copies of land registry details and by this morning (still working on it at 6am in the hope of finding more gold) - i checked , cross checked, catalogued and binded anything that I might need - filled an A4 binder and I knew my stuff off hand.

    Today I walked into court the very friendly Judge summarized the scenario, asked their advocate their qualifications, they flustered knowing why he'd asked, when they confirmed they knew they was potentially in breach of ROA she asked him to grace her with Right of Audience as they'd done this type of work loads of time, he agreed they had - then checked some law books and said it was a shame but he'd not grant it this time - case dismissed - didn't say anything myself past good morning Sir and yes to confirm his summary of events.
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