HELP 2 court claims. BW Legal/Excel Parking

Hi Guys,

i've had a call from BW Legal this morning offering a without prejudice offer.

I recorded the whole conversation.

BW Legal have stated on the call that their client does not intend to rely on POFA 2012 I got them to repeat this several times throughout the call.

I am filing my witness statement next week is there any way i can include the recorded phone call as evidence to show the judge that they are not relying on POFA and therefore have no grounds to bring a case against me as the registered keeper.

He also said to me on the phone that they are acting on 'reasonable presumption' that i was the driver at the time because they are not relying on POFA.

the only thing they intend to use in their defence is signage, but i have also got undoubtable proof of how the signage does not meet IPC standards.

also i am going to be claiming full costs from Excel/BW Legal as i have to miss work to attend the court hearing just to clarify what is considered proof to the judge on what i'm earning for the work i have missed for the day ?.

once again thanks for all the help i have received ! I feel fully prepared against Excel/BW Legal

markkelly112 wrote: »

How did u get on buddy, my one is next week.

I'm filing my Witness statement next week so got a few weeks until the case i will update on how everything goes, good luck on your case.

KeithP wrote: »

You mention 'without prejudice'.

My understanding is that you cannot use that conversation in court, but please wait for others to confirm.

I was thinking this thankyou for your help !

nosferatu1001 wrote: »

Almost certainly you coudl not include it, unless you told them you were recording it. It was also "WP" basis.

THeir own WS will no doubt state their assumption. SO you must know by now they try to cite TWO cases to back this up - Elliot v Loake, where there was forensic evidence and the drivers own testimony to provide proof of his identity, and secondly CPS vs AJH films, where they say a Keeper can be liable as the driver was their "agent", but again this case relied upon an Employer being liable for an employees actions - which isnt the case here.

COSTS:
You have TWO types of costs to go for: Ordinary and Unreasonable

Ordinary: Half a day loss of pay or leave, capped at £95. Take proof. Mileage and parking

Unreasonable, under CPR27.14(2)(g). Yuo have to show they behaved unreasonably, and this gives you chance to claim for yor time spent preparing the case, at at least £19 per horu (LIP rate)

Either way you submit your costs schedule 3 days before teh hearing. Examples are found all over this forum.

Thankyou for your help i was under the impression i would not be able to use this but just wanted to double check so thankyou for clarifying I think they know they are not going to win this case so are trying to make an offer to save this going to court.

Coupon-mad wrote: »

When they ring and make an offer, that normally heralds a discontinuance, days later.

Excel have decided to continue the claim how long do they have until to discontinue ?
they have sent through their witness statement which is a load of waffle with no substance at all, they have even stated they are not using POFA i can't get my head around the stupidity of the claim its like they want to lose.

I am going to work on my skeleton argument this week and go through their witness statement to defend it point by point.

should i post here for feedback ?

nosferatu1001 wrote: »

Id get your schedule of costs put together now

Submit to court about 3 days before, including a section on how unreasonable theyve been and hitting them for costs or preparing.

They know nothing now they shouldn't have known befroe submitting the claim, so the claim never had a hope of succeeding and they clearly never wanted this to go to a hearing. Definition of unreasonable, in my mind!

Thankyou I will be finalising my costs this week for the hearing should they be stupid enough to allow it go ahead.