confused by the process and documentation - won

[calavandriel]

Re: confused by the process and documentation

Hi Mystery, Thought you had abandoned me lol

So NO that was thier second chance at the cherry. The first date they missed was aptil th, THis second one was 13th so hopefully thats it finished.

didnt really understand PEvB so wasnt sure how to use it. thought I might shoot myself in the foot if I tried


And there is evidence that I cannot drive. I have the paper half as well as the plastic lisense of my expired provo lisence that shows catagorically that there is not 1 section of it filled in stating which vehicle I am certified for. Well its the "CLEANEST" license I have ever seen as there is just NOTHING on it whatsoever, I cant even drive a sit on lawnmower so Im hoping that will do.

[calavandriel]

Re: confused by the process and documentation

BTW which defence did you think I should have handed in, THe one that talked about the actual events or the one that was more down to business with refs to law ect?

[mystery1]

Re: confused by the process and documentation

I'm confused.

Can you post the defence you used ?

Have you actually sent the witness statement ?

M1

[calavandriel]

Re: confused by the process and documentation

Sorry defence was sent with SRM help. there are 2 witness statements posted here and I would value your opinion of both as I didnt know which one was better or the correct format?

[mystery1]

Re: confused by the process and documentation

Format isn't that important, it's how the content lines up with your defence.

M1

[calavandriel]

Re: confused by the process and documentation

I sent both in to be safe and as of yet have heard nothing about if its happening on monday or not. To date they have not paid the trial fee but I have had nothing from the court saying its been cancelled

[calavandriel]

Re: confused by the process and documentation

they will get a 2nd chance to pay the trial fee.

Pe v b will always make an appearance in a parking case. It's up to us to say why it doesn't apply. It doesn't always.


The defendant doesn't drive ? But i see no witness evidence on this point which would drive the matter firmly in to the pofa point which they probably fail quite badly on.

M1

its the exhibit g referenced in 6

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I was hoping to be here saying that it this PCN had been set aside and cancelled but NO that was never going to happen was it. This fiasco has taken one ludicrous turn after another.

I missed my defence date due to a court administrative error and had to apply for a defence reinstatement. This took time but I received an order dated 2nd March (posted 14th March) allowing it to be reinstated. It went out at the same time as the letter of assignment for Small Claims Court on April 24th.
My letter of assignment states

“ District Judge Thomson has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track unless the claimant does by 4pm on 27th March 2017 pay to the court the trial fee of £25.00 or file a properly completed application for help with fee then then claim will be struck out with effect from March 27th 2017 without further order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred. The hearing of the claim will take place at 10am on 24th April 2017”

However BWLegal missed this date and didn’t pay the fee. So I rang the court on 6th April and asked what would happen next. They assured me that as the trial fee had not been paid then the judge would most likely strike the case out and I would get an order and I was ring back if I had heard nothing in a week. However it appears that contrary to the order above, another order was sent to BWLegal on 6th April presumably after I rang, stating

“Before District Judge Proper Officer (REALLY!!) sitting at the County Court Hull. IT IS ORDERED THAT unless the Claimant do pay the hearing fee by 13thth April 2017 the hearing may be removed from the list and the case be struck out. Any application to reinstate the case thereafter will occur a court fee and formal application. (This order was made of the Courts own initiative (CPR Part 3.4(4). If you object to the order you must make an application to have it set aside, varied or stayed within 7 days of receiving it (CPR Part 3.3(5)) “

I got this one on 8th April and was a bit annoyed and bemused as I was under the belief that they had already ignored one order and that was the end of it. To discover that a person not a judge had given another order that essentially handed them a get out of jail card was infuriating. The clerk told me that they now had another week to pay the trial fee and she was surprised that the second order had been sent as she thought (As per the first order) that the court had stopped sending such documents out.

I rang the court on 14th April to check as instructed and was informed that they still had not paid. WooHoo I thought. Now I am a cautious soul and as I had heard nothing from the court I rang today to ask if an order was in the post only to be told that Judge Thomson had reviewed the case and decided it was to proceed as planned on Monday!!!!!

Now it seems BWLegal are claiming that they never received the letter of assignment to the court (but I got it on 16th March), nor did they get the second (UNNECESSARY) order in good time until 16th April (EASTER SUNDAY!!) (But I got it on Sat 8th April (post was normal service till Friday 14th)) which they apparently replied to by 21st April on second class post! So could they please request an adjournment while they sorted themselves out but the Judge over here in oh so sunny Hull said NO it will go ahead as planned even though BWLegal have not still paid the trail fee of £25 as required by the first order.

They have also NOT sent me any disclosure documents but I sent mine to them Recorded Signed for on 15th April which was signed for by “Evans” on 18th April. WS evidence and photos were slightly late but I had emailed the Court prior to ask if I could have 2 extra days. Every time I had a problem I emailed the Court and got an acknowledgement. Surely a big legal firm like BWLegal should have chased this case up as I did.

Can I request Defendants costs as well as the loss of earnings for my son in law and daughter who are going with me, S.I.N as a Lay Representative and the daughter to pick him up, drive us there and take us home.

Is this case under these circumstances demonstrating a vexatious and unreasonable pursuit of a claim?

- - - Updated - - -

Ok so at lunch I get a tiny bundle from BWLaw.

They are not going in on monday to argue the case, they are going in to argue for an ajounment as they claim that they
have not had sight of a document since 19th December. Amazing because I have had everything the court has sent. They are claiming that the one document they did have arrived 3 days after the date by which they had to pay the £25 trial fee. But the court sent it out on the 6th and I got it by the 8th I thion k they are playing fast and loose with the truth.

I will try and upload their WS as soon as I can.

[calavandriel]

Re: confused by the process and documentation

Here is the WS from BWL as promised and assoc docs in their "Bundle"



http://imgur.com/3dtsIyp

http://imgur.com/bCx3Bhb

http://imgur.com/Ff7fjb3

http://imgur.com/sXSMG04



Please help me form a conhesive preamble to get the judge to
1) think I know what Im talking about
and
2) Throw the book at them.
or
3) Laugh it out of Court with costs to me


Is this a tactic to discredit my first assertion that the NTK never arrived and I never received it?

[calavandriel]

Re: confused by the process and documentation

Just a quickie, does PEvB apply to me or not. in either case can you explain why it does or doesnt apply?

[mystery1]

Re: confused by the process and documentation

So on Monday there can be no hearing (there can be a case decision at all hearings eventually but it's very unlikely here). The claim, as it stands is struck out. BWLegal are in a bit of bother here. They will need a helpful judge. The claim stands struck out. To resurrect this they really need to make an application for RELIEF FROM SANCTIONS. They have tried to bypass this by sending a letter. Some judges will accept this and some will not. However, either way, unless the judge reinstates the claim the claim is dead.

Given they have no bundle they cannot win (yet) as to win a defended claim with no evidence is pretty hard but whether they lose now is up to the judge. To me there is little you can do but go along and take the orders you received (to show they were sent in time by the court) and see if this persuades the judge they are "at it". Don't force this issue though. The judge will likely do what they want.

As for PE v B, it almost always applies. The issue is how it applies. It lays the foundations of what companies must do regards signage which for Excel is a pain as theirs is usually a block of text and the £100 buried in small print.

Take a schedule of costs with you in case you win and perhaps even prepare an unreasonable behaviour argument (cpr 27.14 2 g) to increase these to actual costs rather than just the normal limit).

M1

[calavandriel]

Re: confused by the process and documentation

the judges has apparently said the case will not be ajouned unless there is proof that they have not recieved the letter. however there have been 3 court letters since 19th dec the date they say is the last time they recieved anything. However I have had everything sent to me. they are a big law firm how can they lose 3 letters, one which had about 9 pages??

[mystery1]

Re: confused by the process and documentation

Well it can't be adjourned unless it's reinstated anyway. The case was struck out as soon as the unless order was breached.

They have only said it wasn't received but absent any reason, particularly for multiple items of mail, it doesn't look good for them.

M1

[calavandriel]

Re: confused by the process and documentation

So thats vcs -v- wGS STRUCK OUT WITH £13 for petrol and parking and the Ccj is on them lol.

- - - Updated - - -

Thanks every one for all the help. Mystery 1 and SRM especially.