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  • FIRST POST
    • Supersaver2017
    • By Supersaver2017 5th Jan 18, 3:50 PM
    • 51Posts
    • 16Thanks
    Supersaver2017
    BW Legal Court Papers
    • #1
    • 5th Jan 18, 3:50 PM
    BW Legal Court Papers 5th Jan 18 at 3:50 PM
    Hi Guys,

    Just want to start by thanking anyone who has posted any information/advice on these forums, it has been invaluable in getting me to this stage.

    Let me summarise where I currently stand.

    I have recently been sent a County Court Claim Form from BW Legal on behalf of Excel Parking Services. I initially received a letter back dating to June 2014, which states payment had not been made for a parking in a pay-and-display car park. The driver on the day had purchased a ticket and had incorrectly entered their registration plate.

    I responded to the first letter after reading advice on here, acknowledging the letter but specifying it did not meet the required 'Letter Before Claim' criteria.

    I received another letter stating that they felt they had provided the required information and asking for payment once again. I then (as advised on here) sent another letter breaking down further the information relating to the Practice Direction about what is needed in order for me to respond correctly, and strangely I then was sent a letter stating that as they had no reply from me (since their first letter, despite this being dated 3 weeks after) they were going to start Court Proceedings.

    I replied again stating that I had maintained correspondence and have the email dates to prove this, but instead received the Court Claim forms a few days ago.

    I am now drafting my defence on a number of points and will post on here ASAP, but until then any advice on what to focus on as a rough guide or any questions about the situation would be welcomed.

    Thanks to all in advance
Page 5
    • Supersaver2017
    • By Supersaver2017 7th Apr 18, 8:18 PM
    • 51 Posts
    • 16 Thanks
    Supersaver2017
    Also, am I able to send over my W/S and evidence via the Word files I have completed them in or will they need to be scanned as individual PDF's?
    • KeithP
    • By KeithP 7th Apr 18, 8:24 PM
    • 9,268 Posts
    • 9,490 Thanks
    KeithP
    You would be wise to send your witness statement and all evidence to the court in a hardcopy form - a page numbered and indexed file - e.g. a ring binder.
    Hand delivery would be preferable.

    Do not rely on the court to print out pdfs and email attachments.

    It's probably ok to sent it to the claimant as email attachments.
    Last edited by KeithP; 07-04-2018 at 8:26 PM.
    .
    • Supersaver2017
    • By Supersaver2017 7th Apr 18, 8:27 PM
    • 51 Posts
    • 16 Thanks
    Supersaver2017
    I!!!8217;m only sending the WS over to BW Legal via email.

    I!!!8217;m going to print off and put into a file what I will be taking to the court on Monday.

    I don!!!8217;t suppose it matters the form this is sent over to BW Legal as? It will be much more convenient to sent these over as one file rather than scanning in each individual page after printing
    • KeithP
    • By KeithP 7th Apr 18, 8:29 PM
    • 9,268 Posts
    • 9,490 Thanks
    KeithP
    You might want to consider switching off smart punctuation on your ipad/iphone to make your posts easier to read.
    .
    • Supersaver2017
    • By Supersaver2017 7th Apr 18, 8:29 PM
    • 51 Posts
    • 16 Thanks
    Supersaver2017
    Im only sending the WS over to BW Legal via email.

    Im going to print off and put into a file what I will be taking to the court on Monday.

    I dont suppose it matters the form this is sent over to BW Legal as? It will be much more convenient to sent these over as one file rather than scanning in each individual page after printing

    Apologies I forgot to edit the smart punctuation feature as requested
    • Coupon-mad
    • By Coupon-mad 8th Apr 18, 1:24 AM
    • 61,598 Posts
    • 74,508 Thanks
    Coupon-mad
    I would NOT send the BW Legal attachments as one file, it would be seen as unreasonable to attach a massive file to one email and also gives them the excuse 'it was too large we couldn't open/print it'.

    I would send them a series of emails in succession, the first one telling them how many emails to follow and listing the contents (the evidence attachments) and also copy yourself into each email so you can prove they were sent and received, by printing out your sent/received emails in case they say 'we didn't receive his WS'.

    You can say at the hearing, if they try that old trick: ''oh yes you did, and here's the proof of not only sending but receipt of those emails as I copied my own email address in as a CC''.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Supersaver2017
    • By Supersaver2017 9th Apr 18, 4:04 PM
    • 51 Posts
    • 16 Thanks
    Supersaver2017
    Hi guys

    I attended Liverpool Civil and Family Court today and handed in my ring binded file containing my W/S and evidence. I was confident with what I handed in so thankyou for all support given thus far.

    I then emailed over my W/S and evidence all saved as PDF files to BW Legal before the cut off time and they responded themselves shortly after.

    Their W/S seems very generic and uses the defence of Beavis, speils about the machines and operation of the car park and how it runs effectively etc, how I could have appealed, uses the log of the day to say no ticket was purchased resembling the vehicle reg, almost all evidence exhibits are of the car park signs in different lighting along with my car entering and leaving the site.
    • Coupon-mad
    • By Coupon-mad 9th Apr 18, 4:31 PM
    • 61,598 Posts
    • 74,508 Thanks
    Coupon-mad
    Sounds just like all the other BW Legal 'WS' which are nothing of the sort, and the named person is unlikely to even show up at the hearing (giving you a chance to object to the fact and ask the Judge to give the purported 'WS' far less weight).

    The difficulty you have, is that your Court is Liverpool. Eeek...beware, don't expect a clued up Judge!

    An uphill struggle, as the Judges there are not clued up about the entire rogue industry/scam, like the good Judges are in Manchester, for example, and in Liverpool they make duff decisions for PPCs. But not impossible for someone as prepared are you are.
    Last edited by Coupon-mad; 09-04-2018 at 4:33 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Supersaver2017
    • By Supersaver2017 9th Apr 18, 4:59 PM
    • 51 Posts
    • 16 Thanks
    Supersaver2017
    Thanks Coupon-Mad

    Would BW Legal be in any way penalised for sending their WS over via email which it seems they have done?

    I wonder if they were waiting to see if I failed to send my WS as they only sent theirs over just after mine an hour before the deadline.

    Would you just educate myself around the key points of my W/S now Coupon-Mad and analyse their W/S against mine?

    It doesn't look a great document on their behalf with a generic signpost and the keeper is liable approach. Just hope that is seen in the courts though too...
    • Coupon-mad
    • By Coupon-mad 9th Apr 18, 5:03 PM
    • 61,598 Posts
    • 74,508 Thanks
    Coupon-mad
    Would BW Legal be in any way penalised for sending their WS over via email which it seems they have done?
    If they sent it to the court that way, they run the risk of the court not printing it! Haha!
    Would you just educate myself around the key points of my W/S now Coupon-Mad and analyse their W/S against mine?
    Yes, preparation is key, and know your main points. If the Judge says at the start, ''Right, please now summarise your defence points Mr xxxxx'' can you do that? Would it throw you?

    Practise, maybe create a skeleton argument of bullet points to assist you/the court, on the day.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Supersaver2017
    • By Supersaver2017 17th May 18, 1:22 PM
    • 51 Posts
    • 16 Thanks
    Supersaver2017
    Hi Guys,

    So tomorrow is judgement day, any tips or recommendations for preparation?

    I've re-printed my bundle which I handed into the court last month to take with me and have been reading through to familiarise with.

    Are there any specific points you would focus on when explaining my defence points? to keep them concise and effective to deliver.

    I thank anyone who has given support and help throughout this process from the start and shall update the process what happens tomorrow just to explain for others in detail what it was like.

    Cheers
    • Coupon-mad
    • By Coupon-mad 18th May 18, 1:35 AM
    • 61,598 Posts
    • 74,508 Thanks
    Coupon-mad
    Take proof that you sent your WS and evidence to BW Legal (print out your sent email).

    Take a wage slip and proof of travel/parking costs for attending.

    Take a costs schedule - don't forget to ask for your costs if you win. Too late once out of the room.

    Aim to arrive HALF AN HOUR early, in case of delays parking (ironic!) and to get through security.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Supersaver2017
    • By Supersaver2017 18th May 18, 7:42 AM
    • 51 Posts
    • 16 Thanks
    Supersaver2017
    Thanks Coupon Mad,

    If I'm asked by the judge to summarise the main points of my defence which in particular would you concentrate on?

    Would it be fine to use a highlighter over my bundle for the main areas I would go to for reference and use it main notes from the bundle if you get me? Or does that have to remain untouched
    • Johnersh
    • By Johnersh 18th May 18, 8:34 AM
    • 1,177 Posts
    • 2,234 Thanks
    Johnersh
    Ok, get post it's and mark up your copy of the bundle to help you navigate it quickly.

    Everyone should think about identifying the 3 or 4 key issues the particulars raise and then dealing with each in turn. I like to say what I'm going to deal with as a signpost and then address each point explaining why my opponent is wrong/what my argument is. The DJ can jump in with questions on each, before you move onto the next.

    Above all else, this is a chat round the dining room table, it ain't Kavagnah QC so relax and take your time.

    Make notes when your opponent speaks if you can. It'll help you work out if there are particular points that you need to respond to.

    Above all else, assuming this is in time, good luck.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • Supersaver2017
    • By Supersaver2017 29th Jun 18, 5:34 PM
    • 51 Posts
    • 16 Thanks
    Supersaver2017
    Hi Guys,

    Understand there was a huge delay in getting this typed up but the reason for that was my case had to be adjourned as the original date I couldn't get there in time due to a huge crash on the motorway. So my case was adjourned until this morning.

    I would like to inform you all that I won!! before I start I just want to thank literally anyone who gave me any advice or had any input whatsoever, but in particularly Coupon-Mad. I cannot tell you how much I appreciate the time taken out of your own personal lives to help me and advise so thank you again.

    I will give a full breakdown of what I experienced as I said I would in my next post just so people can have a personal feel of what its like. There may be many others who have done this but just want to give something back to the forum however useful that may be
    • Coupon-mad
    • By Coupon-mad 30th Jun 18, 12:15 AM
    • 61,598 Posts
    • 74,508 Thanks
    Coupon-mad
    Yay, another one bites the dust!

    Looking for ward to another court report, when you have celebrated!

    We had Flying Horse win their case today as well, and have seen that court report with over 550 in costs awarded for unreasonableness (the Claimant didn't bother to turn up)!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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