Tweet
Hello Ladies/Gents,
I have a County Court hearing date set for early November, the Claimant is Britannia Parking / bwlegal
The statement I have from bwlegal is I have a balance due of:
£269.98 at the 18/10/19, no breakdown
£245.00 at the 13/12/18 = Principle dbt + initial legal costs £160, Estimated interest £10, court fees £25.00, Solicitors Costs £50.00
The increase from £245 to 269, I guess is the interest from 12/18 to 10/19
In my defense submissions, earlier this year, I explained that I was a LIP and respectfully requested permission to amend my defense as and when required. (No comment was made about this)
Today, I unearthed some fairly recent cases in Southampton and Newport about abuse of process. I'm unsure now of what my next step should be. It appears I have two options:
1. Visit my local County Court tomorrow with copies of the information on: "Costs on the claim - disproportionate and disingenuous" + "abuse of process" A bit late, but I suppose it would be saving Court time. Essentially I'd be adding to my Defence/ particulars of the Claim
or
2. Attend County Court with copies / refs to the cases in Southampton / Newport and the information on abuse of process. Submit the papers on the day to the Judge and bwlegal
Also, it could possibly be argued that I wasn't really parking, I was loading / unloading, which hadn't crossed my mind until I read on this forum about "Jopson v Homeguard" On the day in question I was picking up a huge cardboard box from a cycling shop, ie one that I could put my bike in and return the bike to the manufacturer by courier.
The first 30mins of parking was free, I was parked/loading for 19mins, I have a image of my car entering and existing the car park date and time stamped. The "contract" I had entered in to, required me to print a ticket, which I didn't do, hence the County Court Hearing.
Thoughts much appreciated.
I have a County Court hearing date set for early November, the Claimant is Britannia Parking / bwlegal
The statement I have from bwlegal is I have a balance due of:
£269.98 at the 18/10/19, no breakdown
£245.00 at the 13/12/18 = Principle dbt + initial legal costs £160, Estimated interest £10, court fees £25.00, Solicitors Costs £50.00
The increase from £245 to 269, I guess is the interest from 12/18 to 10/19
In my defense submissions, earlier this year, I explained that I was a LIP and respectfully requested permission to amend my defense as and when required. (No comment was made about this)
Today, I unearthed some fairly recent cases in Southampton and Newport about abuse of process. I'm unsure now of what my next step should be. It appears I have two options:
1. Visit my local County Court tomorrow with copies of the information on: "Costs on the claim - disproportionate and disingenuous" + "abuse of process" A bit late, but I suppose it would be saving Court time. Essentially I'd be adding to my Defence/ particulars of the Claim
or
2. Attend County Court with copies / refs to the cases in Southampton / Newport and the information on abuse of process. Submit the papers on the day to the Judge and bwlegal
Also, it could possibly be argued that I wasn't really parking, I was loading / unloading, which hadn't crossed my mind until I read on this forum about "Jopson v Homeguard" On the day in question I was picking up a huge cardboard box from a cycling shop, ie one that I could put my bike in and return the bike to the manufacturer by courier.
The first 30mins of parking was free, I was parked/loading for 19mins, I have a image of my car entering and existing the car park date and time stamped. The "contract" I had entered in to, required me to print a ticket, which I didn't do, hence the County Court Hearing.
Thoughts much appreciated.
