Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • South Hams Starstream
    • By South Hams Starstream 16th Apr 19, 11:44 AM
    • 5Posts
    • 0Thanks
    South Hams Starstream
    Exeter BW Legal PPS court date set
    • #1
    • 16th Apr 19, 11:44 AM
    Exeter BW Legal PPS court date set 16th Apr 19 at 11:44 AM
    Hi,

    Court date set (10th May) for a claim bought by PPS (BW Legal advocate attending). Have filed Witness Statement - meant to ask for advice on here but ran out of time. Arguing insufficient and inadequate signage, No Evidence of Entering in to Contract with the Operator; quadruple recovery and no evidence of landowner authority.

    Ignored all their letters, so didn't make any prior defence (until they started county court process).

    Deadline for witness statement today and their paperwork only received this morning. In a letter dated 9th Feb they said their defence would rely on Beavis, but in their witness statement they are citing Vehicle Control Services Ltd v Alfred Charles Crutchley [2017] "It is incumbent, in my judgement, on a person entering private property, when it is clear that a contractual licence is being provided, to understand the terms of such a licence. It would not be onerous or oppressive, although probably inconvenient, for a visitor to establish those terms and conditions before entering the business park in the first place, even if this required remaining outside, and entering on foot when the contents of the notices in combination would become apparent".

    In the covering letter supplied with their witness statement "We shall ask the court to award our client a County Court Judgement against you for the balance outstanding" - I wanted to know if this is what happens? I thought a CCJ was only awarded if you lose and don't pay up? I've read the newbie thread but can't find anything that refers to this. I know my partner will freak out about this so I want to get on the front foot.

    BW Legal also says in covering letter "Our client remains willing resolve matters with you on an amicable basis. It is important that you telephone our office as a matter of urgency to discuss the options available to you".

    They sent similar letter prior - asking to settle for 180 (instead of their claimed 230+).

    Any advice welcome at this stage.
    Last edited by South Hams Starstream; 16-04-2019 at 1:02 PM. Reason: used my real name, advised by forumite not to!
Page 1
    • Quentin
    • By Quentin 16th Apr 19, 11:50 AM
    • 38,619 Posts
    • 22,562 Thanks
    Quentin
    • #2
    • 16th Apr 19, 11:50 AM
    • #2
    • 16th Apr 19, 11:50 AM
    If judgement is against you then you do get a CCJ

    Pay it off in full within a month and it gets expunged from the records

    If you have used your real name in your post then edit it out

    The ppcs monitor this forum and can use posts in your thread against you

    (No-one here's going to advise you to contact them with a view to paying!)
    Last edited by Quentin; 16-04-2019 at 11:53 AM.
    • Coupon-mad
    • By Coupon-mad 18th Apr 19, 11:54 PM
    • 70,207 Posts
    • 82,779 Thanks
    Coupon-mad
    • #3
    • 18th Apr 19, 11:54 PM
    • #3
    • 18th Apr 19, 11:54 PM
    Crutchley was just a county court decision and everyone can tell from reading the rubbish that came from the mouth of that Judge that he was deluded!

    ''It would not be onerous or oppressive, although probably inconvenient, for a visitor to establish those terms and conditions before entering the business park in the first place, even if this required remaining outside, and entering on foot when the contents of the notices in combination would become apparent".
    Absolute balderdash and drivel.

    And not binding on any other case.

    I thought a CCJ was only awarded if you lose and don't pay up?
    That is correct, a losing Defendant would have 30 days to pay = NO CCJ.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,374Posts Today

4,215Users online

Martin's Twitter
  • Have a great Easter, or a chag sameach to those like me attending Passover seder tomorrow. I?m taking all of next? https://t.co/qrAFTIpqWl

  • RT @rowlyc1980: A whopping 18 days off work for only 9 days leave! I?ll have a bit of that please......thanks @MartinSLewis for your crafty?

  • RT @dinokyp: That feeling when you realise that you have 18 days of work and only used 9 days of your annual leave! Thanks @MartinSLewis h?

  • Follow Martin