** Lost ** BW Legal & CC Claim Form

[Gemster]

Re: BW Legal & CC Claim Form

Thank you to you both for your advice , we ticked yes to meditation having read the replies and taking a deep breath ��

[Gemster]

Re: BW Legal & CC Claim Form

Hi So we got the call for Mediation but had to say to have you got all the information you need.
we have now received a court date for the 1st September but VCS had until 4pm on the 4/8/17 to pay the fee and file a properly completed application. The court are usually behind in their Admin so we are getting prepared for the 1st
Im reading through paperwork and I will be speaking on my partners behalf but he will be there
We will be at a County Court
Does anyone have any advise or experience at CC please

[mystery1]

Re: BW Legal & CC Claim Form

Make your own labelled bundle with an index etc. Judges love that rather than a pile of paper that is hard to find what is needed.

A read through the links http://forums.moneysavingexpert.com/....php?t=5672664 will give more than enough info.

M1

[Gemster]

Re: BW Legal & CC Claim Form

So at 16:05 on Friday afternoon Deadline day for evidence BW Legal filed their witness statement and evidence. A quick look through and finally I see the photograph of the van stopped.
We never received these photos as we never received the original ticket or the chasers
Some of the photos have dates a year later then the ticket date Some of the photos have no dates.
There is an agreement that was signed but not dates ect
I managed to submit the weather reports for that day as it was Thunder cloud snow.
i wondered if anyone would be able to take a look at their evidence and give me some advice as I think some of it is rubbish

[mystery1]

Re: BW Legal & CC Claim Form

Post it up or send to [MENTION=49370]Kati[/MENTION] so she can do so.

M1

[Gemster]

Re: BW Legal & CC Claim Form

Hi M1
I have emailed document, as I yet to work out how to upload
Thank you

[Kati]

Re: BW Legal & CC Claim Form

got it [MENTION=89133]Gemster[/MENTION] here ya go [MENTION=5354]mystery1[/MENTION] xx

[Gemster]

Re: BW Legal & CC Claim Form

Thank you Kati

[Gemster]

Re: BW Legal & CC Claim Form

I don't if I mentioned but everything is in the wrong name for example if the name was meant to Adam Blackboard The ticket and court docs all state Adam Black Board
They only the name correct when it went to County Court

[mystery1]

Re: BW Legal & CC Claim Form

Para 5. Was the defendant the driver ?

Para 8. How can a solicitor know who the driver was ? Even if they had video/pictures they wouldn't recognise them

Para 9. The pictures are from a year later how do they know they what they were the year prior ?

Para 10. How was the offer communicated if the driver couldn't stop to read it ?

Para 12 . As above

Para 14. This is wrong. Only upon the claimant refusing an appeal could anyone appeal to the IAS.

Para 15. They seem to suggest that appealing is obligatory. Utter shite.

Para 16. Incorrect signature on both sides. If the defence is struck out then so should the particulars of claim. The witness statement contain supposition innuendo and not much substance. A very bizarre argument from them which would kill any case they may have.

Para 17. Incorrect. MCOL is for simple claims. If you need more than 1080 characters (and they are nowhere near the limit i think) then file at a local court. It is not an excuse to file poor pleadings.

Para 20 & 21. Daz Appeal transcript.pdf

Para 23 - 25. There was no contract.

Para 26. That's a lot of words that you are not allowed to stop and read.

Para 27. What's good for the goose ....

M1

[Gemster]

Re: BW Legal & CC Claim Form

Hi M1

thank you for the above and all the advise over the last 12 months.
We are off to Court in Chelmsford on Friday so I will let you know how we get on, we are both extremely nervous as have never been to a court before!

[Gemster]

Re: BW Legal & CC Claim Form

So we have just left court and the judge ruled in their favour Gutted is the word

[Amethyst]

Re: BW Legal & CC Claim Form

Sorry to hear that Gemster xxxx What was the main reason he ruled in their favour ?

Was it an interesting experience ?

[MENTION=5354]mystery1[/MENTION]

[Gemster]

Re: ** Lost ** BW Legal & CC Claim Form

We hated every moment
The judge ruled against everything. Even presumed that although the contract was out of date he would presume it was a rolling contract. Even mentioned that we had obviously down loaded our defence off the internet and modified it!
Didnt care that we didn't get the original tickets and where worried it was a scam ect but still didn't take on board that BWLegal refused to send copies
I got the distinct impression he did like armatures so too speak.
We did not submit a witness statement as we had wrongly thought that other half was defendant and was attending so no witness!
Oh well we tried but these parking companies seem to have licence to take your money

- - - Updated - - -

Meant to say Didn't like amatures

[Amethyst]

Re: ** Lost ** BW Legal & CC Claim Form

Ughhhh, sounds horrible for you. I don't know what some Judge's problem is with the 'internet'...blooming dinosaurs. Sadly it would have been much simpler had you put in a Witness Statement as the arguments against their claim and witness statement would already be in front of the Judge and you aren't left trying to form arguments on the spot. Reading back I can see it wasn't clear whether you'd put one together or not... well, at least you know for next time, not that you'll ever be wanting a next time of course.

How much is the judgment for, and can you get it paid within 28 days so it doesn't end up on the credit file?