County Court Claim from BW Legal for Excel Parking

[Jimbo Jetset]

Re: County Court Claim from BW Legal for Excel Parking

Would you guys who know more about these sort of things be able to provide some assistance on how best to go about defending myself in court? Any help would be greatly appreciated. Many thanks

Jimbo 😀

[mystery1]

Re: County Court Claim from BW Legal for Excel Parking

Sorry, i missed this. Not around as often but still want to finish anything i started.

You go from page 1 number 3 to page x at 19. Can you post the missing bits ?

M1

[Jimbo Jetset]

Re: County Court Claim from BW Legal for Excel Parking

Yes, sorry I thought it best to go straight to the defence and their response. There are also a few other pictures of signs and a ticket machine, would it be better to post up everything that they sent?

[mystery1]

Re: County Court Claim from BW Legal for Excel Parking

Yes.

M1

[Jimbo Jetset]

Re: County Court Claim from BW Legal for Excel Parking

The 1st 2 pages are the missing sections

[Jimbo Jetset]

Re: County Court Claim from BW Legal for Excel Parking

More photos

[Jimbo Jetset]

Re: County Court Claim from BW Legal for Excel Parking

Even more photos and last page of package served.

[mystery1]

Re: County Court Claim from BW Legal for Excel Parking

http://parking-prankster.blogspot.co...ajh-films.html

http://nebula.wsimg.com/f7343eab2d06...&alloworigin=1

http://nebula.wsimg.com/ab774da5f40c...&alloworigin=1


Read print and ask if you're stuck. Be great if the appeal transcript is produced in time.

M1

[Jimbo Jetset]

Re: County Court Claim from BW Legal for Excel Parking

Thanks so much for your help, should a provide a package for the court and the claimant?

[mystery1]

Re: County Court Claim from BW Legal for Excel Parking

You should have done a witness statement and sent it to arrive no later than 14 days before the trial. Too late now.

Having said that the defence is you weren't driving and they have adduced no evidence you were (how could they, 1 as anpr only records a numberplate 2. You weren't). The claimant has to prove their case but can't. How can they win ?

M1

[Jimbo Jetset]

Re: County Court Claim from BW Legal for Excel Parking

Sounds good, I'll post the outcome, thanks again.

Jimbo

[Jimbo Jetset]

Re: County Court Claim from BW Legal for Excel Parking

I can’t believe it!!!

I lost!

Sorry but it would appear that I have let everybody down with my poor performance in court…

A brief precis of the Judgement is that:
1. The Judge stated that the Claimant is not able to assume in law that the keeper was the driver on the date of the parking contract breach and that Elliot v Loake does not apply.
2. The Claimant is seeking to establish that the driver has the implied if not actual consent of the keeper to enter into a contract on his behalf.
3. CPS v AJH Films can apply as the defendant (me) is unable to provide details of the driver of the vehicle as it was available for many others to use with the permission of the keeper.
4. My assertion that CPS v AJH Films can only apply in an employer/employee situation had to be dismissed as the Judge could not find any information supporting this as the case transcript could not be found. The Judge found it is not restricted to an employer/employee situation as only the 2nd appeal dismissal transcript could be found and there is no mention of the driver being an employee in this.
5. Excel Parking v Mr Ian Lamoureux does not apply as this is a case where the claimant is relying on POFA 2012 and my case pre dates POFA2012.
6. Excel Parking Services v Smith Appeal cannot be relied upon as no transcript is available and the information I provided can only be taken as hearsay as this is not from a reliable source.
7. The Judgement is awarded in the sum of £90 plus £100 court fees. No other legal fees or interest is accepted so these are not awarded.
8. This Judgement cannot be appealed save for writing to the Circuit Judge at Central London County Court requesting the right to appeal.

It seems to me that the Judge missed the fact that the case in CPS v AJH Films is a claim against a company and not an individual!

So….do I bother to appeal and if not, is the Judgement high enough to be recorded on the court register so affecting my credit rating etc?

Jimbo

[mystery1]

Re: County Court Claim from BW Legal for Excel Parking

Well that's pretty much against the run of play, so to speak. However judges vary.

I would appeal but only you can decide if it's worth it for you. A decision like this has already been overturned on appeal so that's encouraging. I thought the transcript would be available by now to be honest. If it was you'd probably have won already

There is no lower limit for a CCJ to be recorded. If paid within 28 days it will not harm your credit rating.

M1

[Jimbo Jetset]

Re: County Court Claim from BW Legal for Excel Parking

Yes I too feel that I ought to appeal, although I am not sure if I have to provide a specific reason to the Circuit Judge in order to do so? I would also appreciate some direction as to where I could obtain a copy of the transcript of the successful case? Are they widely available or do you have to request the specific case history from HMCTS?

Another point that concerned me was the claimants suggestion that the 'Smith' case couldn't apply as the driver was identified and this was a significant difference from my case. I wonder if its ever as simple as the CPS v AJH Films case was limited company related and therefore applies only in employer/employee situations regardless of nuances in individual claims. Can they get away with 'oh your case is different as you were/were not related or had a red vehicle and 'Smiths' was green' etc'? Maybe a case could even be deemed different enough because said vehicle was a pick-up or van and not a car? In any case I feel I'm already on the back foot but am willing if not particularly able.

Does anyone have a template for requesting permission to appeal or am I ok to just write and ask in 'lay' terms?

Thanks again


Jimbo

[mystery1]

Re: County Court Claim from BW Legal for Excel Parking

I'm a bit busy this week but hopefully should have time on thursday after jury duty.

In the mean time perhaps [MENTION=6]Amethyst[/MENTION] [MENTION=71570]R0b[/MENTION] [MENTION=551]pt2537[/MENTION] [MENTION=87380]Diana M[/MENTION] [MENTION=7765]Joanna C[/MENTION] can help with the appeals process.

Yes I too feel that I ought to appeal, although I am not sure if I have to provide a specific reason to the Circuit Judge in order to do so?

That would be the error in law that employer employee relationships are the same thing as domestic normality.

I would also appreciate some direction as to where I could obtain a copy of the transcript of the successful case?

It'll be made public i'd think but you could try https://www.appletranscription.co.uk/ and see if they have been doing it and if you could obtan a copy. Not sure if you'll be able to get it aas a non party though. ( i think they are normally the one recommended by parking people)

Another point that concerned me was the claimants suggestion that the 'Smith' case couldn't apply as the driver was identified and this was a significant difference from my case.

Someone is telling lies. Smith won because the keeper had no liability.



Judges are all different. The appeals system exists because some are clueless.

M1