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***

[shamrocker]

Well done! They would have known they were in for a good hiding by the judge. All you had to do was expose their blatant weaknesses, which you did.

[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!

[shamrocker]

Ah sorry - I though you meant they'd folded. You might get an exciting day out yet then. 

[ericsbrother]

when you get a new date try and find out if there are other claims in the same session involving these people and if there are see what order they are in.

 

It may be possible to get them all considered in one hearing adn the result go for the lot. that works well if you have a strong defence as all of the others get a free ride and the parking co gets a proper mauling.

[harni]

how would I find out about other cases?

If I phoned the court would they tell me?

[dx100uk]

well when you know the date

you look on the court website

the schedule of every court in the UK in on the .gov.uk website

[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?

[AndyOrch]

It would be advisable....yes

[dx100uk]

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

[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

[dx100uk]

so nothing to do really 

you've already submitted your WS so they should have it to put it in the single bundle already.

[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?

[dx100uk]

Youve already sent your ws

nothing to do imho

[ericsbrother]

ask for a telephone hearing where everyone speaks on a conference call. this will mean that the parking co still have to fork out for a lawyer for the day and I bet that it wont be BWL speaking on their behalf.

And what on earth are BWL doing with your email address?

[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?

[dx100uk]

I would not be letting them off the hook 

 

dx

 

[harni]

You reckon it’s still worth requesting a hearing by phone then? Don’t mind, just conscious of how much time I’m using with this

[shamrocker]

Considering the stage you're at with this and the amount at stake, I'd be going the extra mile to ensure I get it over the line. You should only need to present your main arguments anyway - nothing particularly detailed....all the detail is in your WS. Shouldn't demand very much time really.

[ericsbrother]

before you do that can you go though their bundle and find the contract between the landowner and the parking co and post that up here? have they included anything on planning consent for their signs etc

give us a precis of what else they say and what case law they quote.

So a telephone hearing is a conference call so you will be able to hear them and comment when applicable.

Some people make a complete horlicks of this and talk badly to the judge or contradict themselves and as the claimants will employ a lawyer who will probably farm this out to a barrister and as long as you remember to be polite and listen to everything you will catch them out as the lawyer wll have had about 15 minutes to prepare for this and you will have had all this time.

[harni]

Right you are, I will respond to the court tomorrow and tell them I wish for this to be heard by phone/video call

 

i have attached the contract. Note, I have queried in my WS that there is no evidence that the contract is still in effect. 

Photo.pdf

[ericsbrother]

you dont query it, you say that you believe that it isnt still in effect and put it to strict proof for them to show that it is.

 

Client left blanked out

so is client actually landowner or some management co.

 

No assumption about chain of authority can be made, make them prove the landowner has given express permission for them to be there.

 

you have highlighted the fact that they act entirely on behalf of the landowner, this means that they have no locus standi- right to sue you.

 

you are right to query whether the contact was renewed, initial renewal has been knocked back as authority in other parking cases so try and find one that matches.

 

Look on the Parking pranksters blogspot and websites first, they have most important reference cases there

[harni]

i have chased the court today as everything has gone quiet.

They have confirmed that the case in May was vacated due to COVID and as per the letter back in April, requested permission from both parties for a hearing on the papers.

 

They have had my response, i have had a copy of BW/CPM's bundle which i assume was also sent to the court however the court have had no communication at all from CPM or BW. At this point, they have just sat on it.

 

My question to the advisor at the court was would this justify a request for the hearing to be struck out as they have not responded before the date set out in the last letter and he has advised email in and they will pass it up to the judge.

 

What would be advisable for my next steps?

I dont know if BW have slipped on this due to COVID or they have just given up but is there a way i can take advantage of their lack of comms?

[ericsbrother]

you  can ask again about a date and suggest a telephone conference call, they are common at the moment.

I am involved i another case where one side will physically attend court and the other side appear on laptop telly

[harni]

I have received an email letter from the court stating I have a court date of 2nd Nov. Couple of questions around this...

 

1. The letter states;

 

”TAKE NOTICE that this case has been listed in a list with two other cases and therefore the fixture is not
guaranteed but until you hear otherwise please work to the final hearing date”

 

do we think this is two other cases regarding Countrywide parking or just two other cases in general?

 

2. the letter states l should contact the claimant and try to agree a bundle. We have already done this and I agreed it when it was supposed to be heard on the papers earlier in the year before the courts closed. Do I have to do this again? I assume it is a generic letter