Cpm/BW windscreen pcns - BW PAP LOC Now Claimform - (residential car park) The citrus Building, Maderia road, Bournemouth ***Claim Dismissed with Costs** now another PAPLOC for another same place ticket ***Dismissed again with costs***

[harni]

just so I can get a better understanding, what is the abilities of their advocate in court?

Are they able to argue any points made in the claimants WS or argue against mine?

Or is it purely that they are they as a representative with effectively no say in the matter?

[harni]

So it could very well be a representative from BW that is attending then. Again not that they could be cross examined unless it’s the author of the WS themselves?

[harni]

With regards to the signage, now I have seen their WS and they have dropped themselves in it with this, I can now rewrite this bit to cover the fact it’s incorrect, the fact there is multiple different signs across the site and that in my opinion, it’s not adequate (location, lighting etc)

ad tomorrow’s the last day I have to prepare this, I will be doing so in the morning getting it all ready for hand delivery to the court on the 2nd. I know most will probably be hung over from the New Years celebrations but I’d really appreciate any other comments before it’s signed, sealed and delivered. 
 

Finally, CPMs offices are 30 seconds from the court so do you think hand delivering to CPM will be acceptable as well?

[harni]

Thanks DX, was nervous about pushing it right to the last minute but I’m quite confident now all will be fine

 

jumping the gun a bit Here but how does it work in claiming from them my time in the event of me being successful?

i know I can claim 5hrs at £19P/H (?) but am I correct there is other things I can claim for?

[harni]

1 minute ago, shamrocker said:

You've blanked out the contravention details - what does it say there? This is important, so we need to know.

It’s a table with the 3 ticket numbers on, the time and date of contravention and the reg number. I blanked it out for the reg and the ticket numbers. You’re not missing anything that isn’t already listed elsewhere. 

[harni]

1 minute ago, dx100uk said:

do you work?

 

dx

yes, about 14 hours a day running my own business so doing this genuinely has been a burden on my own earnings and that of my business 

[harni]

Taking into accounts your comments above (Which are really appreciated), i have pretty much rewritten my WS which is attached. Again any last minute comments are really appreciated. This is being hand delivered to the court tomorrow at 9am and posted off to BW.

Witness statement version 2 REDACTED.pdf

[harni]

Thanks for taking the time to write that! All completely valid pints. Unfortunately I struggle to get what I’m thinking down onto paper which is clear here

 

ill be up early tomorrow  to make these changes, get it all printed and off to the court and BW. Then play the waiting game and see if they actually pay their fees!

 

thanks again to everyone who has contributed. Really appreciated 

[harni]

All noted and will be updated in the morning! Thanks guys!

[harni]

All updated and sent off. Thank you all for your help!

[harni]

On 02/01/2020 at 12:22, brassnecked said:

Good luck, hope they get pwned in court. could you post a pdf of final submission, think the no locus standi, over your space should be a key for sure

yep will get it posted up once I’ve removed all of the sensitive information. 
 

the next stage for me is checking they have paid their fees on the due date. I assume that is just a case of calling the court that the hearing is taking place at? 

[harni]

Right, have phoned the court as they were due to pay their fees by today at 4pm. They have paid their fees on January 13th so looks like we're going to court!

[harni]

So there’s still a chance it might not make it to a court room then? Whilst I’m confident here, obviously the ideal situation would be for it not to make it to a court room full stop!

[harni]

46 minutes ago, shamrocker said:

I wouldn't use the fee payment as an indication of their confidence - they probably haven't got a clue about the circumstances of the claim the payment relates to.

I would agree with you there. It’s completely evident that they are being advised by BW legal who clearly want to push it as far as possible to get paid as much as possible. 

[harni]

So, less than a week now until my court date and I have spent the day reviewing everything to keep it fresh in my mind and ensuring all of my paperwork is together. One thing that I’m not overly clued up on though, and may be a little assuming, is if the claim is struck out, what is the process for claiming costs?

 

im aware I’m capped to 7hrs at about £12.50(?) as well as small costs for things like postage however what I’m not sure on is how I present this or request it? Do I have to have evidence with me as to the costs or is this something that would be done at a later date? 

[harni]

Perfect, I’ll get that ready. Thanks!

 

is there anything else I need to be aware of at this point? Other than turn up on the day suited and booted with all of the case paperwork, evidence and see what happens?

[harni]

yes I am. And to date I have used two work days to deal with the situation. 

[harni]

Bloody typical. Case has been vacated! I was looking forward to tomorrow 

[harni]

Sorry I didn’t make it clear. It’s been vacated due to lack of court time. I’ve got to file dates by Feb 21st. It’s not over that easy!

[harni]

how would I find out about other cases?

If I phoned the court would they tell me?

[harni]

So, it’s been a long time but I finally have a date of May 21st. I suspect this won’t happen due to the current virus situation but we will see. 
 

I move house on May 6th so I will be speaking to the courts to update my address however so I need to let the likes of BW legal know?

[harni]

1 minute ago, dx100uk said:

don't forget DVLA and V5C and any outstanding debt on credit file too! 

Vehicle in question is leased by my business but thanks. It’s a good reminder for our personal vehicles 

[harni]

Hi All,

Have received this letter today from my local court. I think what it is basically saying is that due to the COVID situation, they want to do a on the papers hearing but could someone confirm? What action should i take from here?

court_letter_30042020.pdf

[harni]

Thanks DX, so i assume going down the paper hearing route is acceptable and i do not need to submit anything additional? BW have emailed me this afternoon to say the claimant is happy with this and they are also happy to compile the hearing bundle.

 

Do i need to compile anything for my bundle or literally just resubmit my WS?

[harni]

Right I have received the hearing bundle from BW legal (100 pages of wasted tree!) and having looked through it, all looks ok (I wouldn’t put it past them to alter it!)

 

considering my WS has directly countered all of their points in theirs,

is there any need for this to be heard on a phone call or can I just agree to let it be heard on the papers?

 

Whilst I want to waste their money,

I also don’t want to waste my time

but I’m not sure how much of an influence I would have if I was able to cross examine?