Claim form - Letter structure help *urgent* - won

[Fackers]

Re: Claim form - Letter structure help *urgent*

I have today had a call from BW LEGAL asking to settle... They are offering me £196 but happy to bring it down to £150 which was the price of the settlement in mediation. I also bartered to say that they can still wave the court fee and travel expenses.

I have offered them a counter offer of meeting in the middle at £125 - out of interest to see if they bite (it's lots of hassle for me).

I also asked if they sent the documents and the guy at BW LEGAL has said they don't need to, they are always ok with turning up on the day with them?! I sent everything today, with BW LEGALs copy arriving Thursday.

Do I pay or fight all the way?

[Fackers]

Re: Claim form - Letter structure help *urgent*

Well following my conversation yesterday and me playing hard ball, I received an email,

We write further to our conversation yesterday in respect to a parking ticket.

As discussed yesterday the lowest offer made was £150.00, any lower we would seek instructions from our client. The offer you was prepared to accept was £130.00.

In order to settle this matter and conclude matters today, our client is prepared to meet at £140.00.

In the event the offer is accepted, we will write to the Court today, advising of settlement. We would then close our file of papers.

We look forward to hearing from you.

I replied

Hi,

You have certainly mistaken what I said, I advised you that, on the basis that I don't have time to deal with this situation and that it would be convenient to not be harassed any further I would be willing to consider a payment.

This payment was for £80, and by no means an admission of guilt but to have the case go away.

I had not confirmed any sum of £130 as you claim and I was only prepared to meet in the middle of £125, of which will raise no higher. Unless this is met I will not proceed to be in negotiations to close this case.

I look forward to meeting your representative at court.

Several hours later, I have since received a call from the same person to tell me they will now match my offer... Clearly they are twitching... I am unsure what to do. I told him on the phone that I can't talk at the moment and would need to call me back tomorrow afternoon - of course delaying them as much as possible. I shall call the court tomorrow too to ask if they have received the forms from them, if not I have been advised to ask them to strike the claim.. We shall see.

Shall I still play on or pay the £125?

ps, in their argument that they have sent me (mediation stage) that they never received my email address... Yet they emailed me today.

[Fackers]

Re: Claim form - Letter structure help *urgent*

Hi, I have since received the claimants evidence 10 days past when they should have delivered it by. There are clear flaws in their evidence and i'm not sure how to write a striking out letter. The images provided are of a carpark situated over 350meters away of which they have used 3 separate car parks for their images, I can back this up by the use of landmarks etc on googlemaps. I have wrote and referenced each error in the images that they have supplied. They have also asked the court to throw it out of court due to my basic evidence and their 'impeccable' rating, badges and time served in the industry.

Cheers

[mystery1]

Re: Claim form - Letter structure help *urgent*

Is the envelope/contents dated ?

M1

[Fackers]

Re: Claim form - Letter structure help *urgent*

Yep clearly 30th of December. court ordered by 22nd December and I received it 5th JAN, I have already prepared a striking out letter, using the template found on the forms here. (thanks). I shall have it sent tomorrow

[mystery1]

Re: Claim form - Letter structure help *urgent*

A letter to the court or an actual application ?

M1

[Fackers]

Re: Claim form - Letter structure help *urgent*

Dear Sir/Madam,

Further to the order dated 21st November 2016 made by District Judge NAME*** which gave the following direction to the claimant:

Witness statements - 3. By 22nd December 2016 each party must send to the Court and to every other party copies of all documents upon which that party intends to rely at the hearing. This includes the written statements of themselves and of any other witness (if any)

Witness statement must:

1. Start with the name of the case and the claim number
2. State the full name and address of the person making the statement
3. Set out that persons evidence clearly and in numbered paragraphs on numbered pages
4. End with this paragraph: “I believe the facts stated in this witness statement are true”
5. Be signed and dated by the person making the statement

The claimant has failed to comply with the above order and no documentation has been received by me by the deadline set of 22nd December 2016, as the claimant has failed to produce any documentation and therefore broken the terms imposed by the court I am requesting the case be struck out.

Yours Faithfully,

[mystery1]

Re: Claim form - Letter structure help *urgent*

Does the job.

You must still prepare as if it goes ahead. You did send your own stuff to them and the court ?

M1

[Fackers]

Re: Claim form - Letter structure help *urgent*

Yep, as you said, I sent it at last post to arrive 22nd, signed delivery which was signed by both court and BW legal. If it does go to court I'm pretty confident that I can prove that they've made some of the claim up, as explained earlier only the close up images of my car has dates and times on the images all images of surrounding area and local area carparks (lol|) are not dated, nor is my car shown in any of those images.

[Fackers]

Re: Claim form - Letter structure help *urgent*

I have received a letter from the court and 'a' district judge who says "it would be inappropriate to strike out the claim on the basis of a letter from the defendant." - This was the letter to ask the court to strike out the claim on the basis that the claimant failed to deliver their statement on time. Grrrrrrr!!!

[mystery1]

Re: Claim form - Letter structure help *urgent*

Pity. They could do so if they wanted to but obviously the letter went to the grumpy fecker.

M1

[Fackers]

Re: Claim form - Letter structure help *urgent*

Ok so I have court tomorrow morning... Any tips? Any things I should aim to say to swing in my favour.
Hopefully the judge will see that they are trying to pull a fast one and trying to use the alternative car parks as photo evidence.

I'll let you know the outcome

[emanresu]

Re: Claim form - Letter structure help *urgent*

The claim document shows that this is an Excel site but the claim is in the name of VCS. What did the bundle have as regards a contract with the landowner? Does VCS actually have authority/standing to be there so have a go at the contract.

Also challenge the status of the representative. Are they a solicitor and if not who is supervising them.

Also they are presenting information from BW Legal who are not employed by VCS and as such the BW Legal information is hearsay. They are not privy to the workings of VCS.

Good luck or should I say Pob lwc.

[Fackers]

Re: Claim form - Letter structure help *urgent*

Ok, I don't see the EXCEL bit, what does that mean for me, how do I angle that in Court? The representative in court is going to be the same person who was persistantly calling, emailing and written the statement who is - The representative is a paralegal - "to the supervision of my principal".

lost you on the privy to the workings of VCS.

thats right! I'm so up for fighting this but so lost in terms of how to structure it in court and convince the judge, especially of the photographic evidence of blatantly obvious wrong location (lol). Will that stand up as a stong argument against their evidence (my car isnt referenced in any of the images that also include any signs etc).


Cheers

[emanresu]

Re: Claim form - Letter structure help *urgent*

Ok, I don't see the EXCEL bit, what does that mean for me, how do I angle that in Court? The representative in court is going to be the same person who was persistantly calling, emailing and written the statement who is - The representative is a paralegal - "to the supervision of my principal".

lost you on the privy to the workings of VCS.

thats right! I'm so up for fighting this but so lost in terms of how to structure it in court and convince the judge, especially of the photographic evidence of blatantly obvious wrong location (lol). Will that stand up as a stong argument against their evidence (my car isnt referenced in any of the images that also include any signs etc).


Cheers

Ok, I don't see the EXCEL bit, what does that mean for me: Read the particulars on the claim form (N1) again

The representative is a paralegal - "to the supervision of my principal".: Can a paralegal who wrote the WS supervise another paralegal that is presenting the case. Ask the judge about that.

lost you on the privy to the workings of VCS.: If VCS wrote the Witness Statement the evidence is first hand. The person writing the WS is not employed and is writing on the instructions of someone within VCS so it is second hand. The person presenting at court tomorrow is presenting information that has been through two sets of hands so third hand. Just call it hearsay so the judge knows that it is not a direct quote of the claimant.

photographic evidence of blatantly obvious wrong location: That is the killer. You have to point out that the paralegal was clearly not supervised and is spouting information that they could not have known as they do not work for VCS and the court should not rely on their evidence.