Won against BW legal repping Excel at Peel Centre Stockport |
Won against BW legal repping Excel at Peel Centre Stockport |
Thu, 25 May 2017 - 20:13
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#1
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Member Group: Members Posts: 63 Joined: 31 Aug 2016 Member No.: 86,777 |
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
Thank you so much, could not have done it without yours and everyone elses help and guidance 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 :
CASE DISMISSED |
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Thu, 25 May 2017 - 20:13
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Fri, 26 May 2017 - 07:25
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#2
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
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.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sat, 27 May 2017 - 15:18
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#3
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Member Group: Members Posts: 63 Joined: 31 Aug 2016 Member No.: 86,777 |
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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Lo-Fi Version | Time is now: Thursday, 28th March 2024 - 20:57 |