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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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Hopefully easy question regarding LBA

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Hi everyone

 

 

Just a quick check on something.

 

 

Does a LBA have to include an offer or show of willingness to attend ADR?

 

 

I'm owed money from a previous employer, I'm still in time for the CC but not the ET and I just want my money asap so I don't really want to be messing around talking, if the LBA is unsuccessful I want to go immediately to the CC and not to any third party that I have to pay a fee to with the chance I'd still have to go to the CC in the end anyway.

 

 

It's a small track case, owed under £1000, evidence is in my favour so I don't need to negotiate I want the full amount either voluntarily or by force.

 

 

Thanks

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you don't have to agree to mediation at all.

moved to general legal issues


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you don't have to agree to mediation at all.

 

 

 

And would that be without penalty if it ends up before the judge? i.e. I won't win the case but have to pay costs out?

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you wouldn't get your court fees back if you lose and you might get stung by their costs but in small claims they are minimal


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Ah I see, this is what I was concerned about since ADR is merely an irritant but I don't wish to avoid it so much that I'd be prepared to suffer a costs order no matter how minimal.

 

I'm after a clean victory so I guess I'll suggest in my LBA that I'd be willing to do ADR.

 

Why has my question been moved away from Employment?

Edited by dx100uk
merge/quote

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cause the legal bods are in the legal forum

and it more suited to this forum


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Well the answer is no...the LBA is an opportunity for them to settle pre litigation...hence the name " Letter Before Action " obviously if they prefer to ignore you you commence legal proceedings......if they wish to defend it...ADR (Mediation)is offered at allocation stage (after they submit their defence).

 

 

Andy


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The other most critical indicator is the presence of room for negotiation, for

example, mediation may not be suitable for a simple debt recovery action.

 

Page 9 - Civil Court Mediation Service Manual

 

 

There is a huge urban mythology for small claims cases and even Which? at one point gave advice that you would compromise your chances of success at trial if you turn down mediation.

This is complete nonsense. Mediation is generally speaking only suitable when each side has got something to give and works best with organisations which can look forward to resuming trading relations in the future even though they are currently involved in a particular dispute.

 

In order to make full use of mediation should ideally be trained and you can be certain that almost all employers are not trained and their so-called Human Resource departments have no idea what mediation is about and they all think that it is an opportunity to get you to give up some of your rights without having to go to court about.

 

Most solicitors have absently no ADR training and they are brought up in an environment which is completely conflict-oriented and have no idea what they win-win situation really is.

 

Don't bother yourself about mediation. Quite frankly the provision of the mediation service at this level of litigation is largely unhelpful and it is often used by dominant parties as a way of threatening or beating down their litigant in person opponents

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Super, thanks everyone for above for answering, to save time I'll just respond in one post.

 

 

I'm glad to hear the ADR is optional since you have to pay a fee to do it and I'm pretty sure that bill can't be added to the claim later so I don't see why I should pay for a mediation service when my original complaint is that I'm owed money. It wasn't clear on the CAB website as they include the ADR option in their template letter so that's that cleared up (that's why I come here).

 

 

I see ADR as an obstacle to me getting my hands on a judgement quickly lol perfect, I'll just edit that bit out of the letter and fire it off!

 

 

Since I'm here (and I hope I won't be smacked for not starting a new thread) just wondering where the small claim is for back wages can I claim statutory interest on it?

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Is your LBA being sent to an individual/sole trader, or a company?

 

 

 

Big company who have been trading for yonks and are in no threat of winding up

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cause the legal bods are in the legal forum

and it more suited to this forum

 

 

 

Surprised to see so many answers upon logging in this afternoon, good call!

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ADR Mediation service is free in Small Claims Track...you only have to pay in Fast Track (Over 10K)


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ADR Mediation service is free in Small Claims Track...you only have to pay in Fast Track (Over 10K)

 

 

Ah I see, I saw this http://civilmediation.justice.gov.uk/ and didn't consider there were other options. I suppose not using the online service it's free right? Could ACAS do it in this instance just out of interest?

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I understand ACAS offer their own mediation service's


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