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Won against BW legal repping Excel at Peel Centre Stockport
lephoto
post Thu, 25 May 2017 - 20:13
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Thanks Everyone you are the best, the particulars of the court are below and relate to the following thread: http://forums.pepipoo.com/index.php?showtopic=108183




QUOTE (lephoto @ Thu, 25 May 2017 - 20:51) *
Thank you so much, could not have done it without yours and everyone elses help and guidance icon_pray.gif

Case Ref C8DP5C7T --- Manchester County Court - 25th May 2017

I will try ringing the court tomorrow to find out the name of the judge as I do not recall her name or the representative name as I really thought it was the person who wrote the WS until inside the court room

There was 3 excel parking cases going on at the same time, mine was the 2nd to be heard, before the hearing the representative came over and said would I like to speak about the case before we went in, I had read about them doing that on here so kindly refused as they never had the decency to reply to my requests for the PNC or that I was not driving on the day

When we went inside the judge spoke to the claimants rep and confirmed that she was not the witness who wrote the statement, The judge did not seem happy and was extremely stern from that point but allowed the rep to continue

The rep then explained the case and the EvL came up, again the Judge was really annoyed that a criminal case was being noted and that the rep had not brought the correct paperwork or a copy of the RTA and said BW Legal should no better than to waste the courts time with this

Before I started I did question the reps "Right of Audience" as a 3rd party self employed person however the judge said she was legally able to stay so I gave up on that tact

I was asked to state my defense at which point I explained it was not me driving and it was my ex partner, the judge seemed frustrated that I had not brought my insurance documents to prove who can drive the car however seemed to accept that I did not realise that my insurance docs should have been brought. I was able to use the skeleton argument to argue all the points that appeared on the claimants witness statement, the judge was particularly interested in all the paragraphs which they called into question me being at the scene / the quality of the ANRS pics / no reliance on POFA

After a tense 30 mins of interrogation by which the BW Legal rep had to write plenty of notes to take back to the firm, the rep asked for an adjournment to get the questions answered but the judge refused to allow this and said the witness had the opportunity the same as myself to attend and chose not to.


judges closing speech included the following :


  • The claimant using EvL as its a criminal case that doesnt bare any weight in the smalls claims court
  • ANSR unsatisfactory quality as they did not place vehicle anywhere and only showed registration
  • Legal burden on claimant to prove balance of probabilities
  • As the defendant didnt receive the PNC and asked on Part 18 and email there was no proof as to how they were served i.e post / hand recorder and claimant didnt bring witness to answer
  • Witness statement littered with errors for example gender changes
  • Despite the defendant expressing they was not the driver paragraphs 8,13, 15, 17, 22, 29, 30, 36, 46 of the Claimants witness statement calling this into question without any evidence to prove otherwise
  • The claimant not using duty under POFA 2012 despite using language which claims the RK needs to identify - its not a case of having your cake and eating it- morally & legally wrong
  • Defendant under no contractual duty
  • Authority called into question by using EvL / some case from 1964 (I cant recall the names) as the law has changed considerably since that time / Chaplain V Kamere (as tenant and landlord ) / CPSv AJH films (again no contractual relationship)
  • Unimpressed by errors and the cut & paste which states VCS rightful claimant
  • No POFA claim and no reason why POFA not used

CASE DISMISSED occasion18.gif icon_thumleft.gif

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post Thu, 25 May 2017 - 20:13
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The Rookie
post Fri, 26 May 2017 - 07:25
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No wonder they wanted to try and settle, if the first case had gone a similar way they would see the writing on the wall.


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lephoto
post Sat, 27 May 2017 - 15:18
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QUOTE (The Rookie @ Fri, 26 May 2017 - 08:25) *
No wonder they wanted to try and settle, if the first case had gone a similar way they would see the writing on the wall.


Thank you, bw legal had been really unprofessional in not answering anything I had asked via email and saying they had provided the pnc when they finally responded to my part 18 request 6months later - which they didn't - I only found out about the alleged contravention 10 days before court hearing on their witness statement bundle - totally annoys me that as the registered keeper I was hounded for something my ex partner was supposed to have done

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