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Another win against Excel and Bwlegal - Chorlton Car Park

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My wife went to Manchester court this morning and beat Excel. The Case was Excel v Metcalfe.

Although we didn't start a thread, we followed advice and used information on this forum, Pepipoo and the Parking Prankster to build her case.

Although she was very nervous before hand, the text she sent me after was "Done and dusted 10 mins it was ace". The judge also awarded £109 costs even though my wife couldn't find the cost schedule we had done. He quizzed her on how she got to the court, how much for parking, what her job was. He would have awarded more if she could have thought of anything else.

We would like to thank all the posters for their hard work you do a brilliant job. We will post up a full court report in the next couple of days.

:beer:
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  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Martledge wrote: »
    My wife went to Manchester court this morning and beat Excel. The Case was Excel v Metcalfe.

    Although we didn't start a thread, we followed advice and used information on this forum, Pepipoo and the Parking Prankster to build her case.

    Although she was very nervous before hand, the text she sent me after was "Done and dusted 10 mins it was ace". The judge also awarded £109 costs even though my wife couldn't find the cost schedule we had done. He quizzed her on how she got to the court, how much for parking, what her job was. He would have awarded more if she could have thought of anything else.

    We would like to thank all the posters for their hard work you do a brilliant job. We will post up a full court report in the next couple of days.

    :beer:

    Excel lose again :rotfl:

    WELL DONE :T:T

    CC judges wise to the Excel and BWLegal antics now

    Look forward to your report
  • System
    System Posts: 178,102 Community Admin
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    Was this xxxx365W? And the judge?
  • Martledge
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    It was xxxx365W. Will post back name of the Judge when I find out from my wife. Rep was Miss Devans-Tamakloe from Elms.
  • Umkomaas
    Umkomaas Posts: 41,465 Forumite
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    Martledge wrote: »
    It was xxxx365W. Will post back name of the Judge when I find out from my wife. Rep was Miss Devans-Tamakloe from Elms.

    https://uk.linkedin.com/in/jennifer-devans-tamakloe-05677946

    Barrister (Unregistered) needing pupilage. RoA???
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • Coupon-mad
    Coupon-mad Posts: 132,489 Forumite
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    edited 11 July 2017 at 3:18PM
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    "Done and dusted 10 mins it was ace". The judge also awarded £109 costs even though my wife couldn't find the cost schedule we had done.

    Brilliant! Well done to your wife!

    Looking forward to your wife's court report, to help calm other newbies down!

    I think Miss Devans-Tamakloe from Elms Legal, possibly doesn't even have Rights of Audience, she's been mentioned before (same lady with different spellings, one was only yesterday):

    http://parking-prankster.blogspot.co.uk/2017/07/excel-lose-in-count-witness-irrelevant.html

    http://parking-prankster.blogspot.co.uk/2017/06/ms-devenster-macklow-loses-another.html

    http://parking-prankster.blogspot.co.uk/2016/11/bw-legal-incompetence-in-pursuing.html

    Her Rights Of Audience were called out by Matthew87 and the Judge listened:

    http://forums.moneysavingexpert.com/showthread.php?p=72489107#post72489107

    Matthew87 said:
    ''Miss D-T told me that she received all her paperwork/instructions on Friday...She said that sometimes she gets everything the morning of the case(s).''
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Loadsofchildren123
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    Perhaps Defendants who later find out the rep had no RoA should write afterwards to the judge who heard their case, copied to the senior DJ at the court, to complain about it, with a template letter setting out the law clearly.
    Whilst this won't turn back the clock for them, perhaps it might turn the tide against the court's reluctance to address the issue properly and to turn a blind eye to it on the basis that "Oh Mr/Ms X has appeared in front of this court many times, of course he/she has RoA" Or "So Mr/Ms X, what are your qualifications?" "I'm a barrister" "well that seems fine then, on you go".
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Martledge wrote: »
    It was xxxx365W. Will post back name of the Judge when I find out from my wife. Rep was Miss Devans-Tamakloe from Elms.

    The same lady who lost this one for Excel

    http://parking-prankster.blogspot.co.uk/2017/07/excel-lose-in-count-witness-irrelevant.html
  • Martledge
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    Thank you for all your replies.

    The Judge was District Judge Lyer.

    We considered challenging RoA and had completed the paperwork in advance. The night before we made the decision that we wouldn't go down this route as my wife wanted to focus on her defence and wasn't convinced she would be able to counter if the Judge said something similar to what Loadsofchildren wrote above "Oh Mr/Ms X has appeared in front of this court many times, of course he/she has RoA".

    Following on from Loadsofchildrens's idea.
    If the courts were "educated" and did enforce RoA consistently, would it force companies like BwLegal to send their own lawyers or engage properly with legal firms representing them, would this make them better equipped for the cases? Or would this business model be completely unaffordable for them? I suspect the latter.
  • System
    System Posts: 178,102 Community Admin
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    District Judge Lyer.

    Liar? You may think so but I couldn't possibly comment.

    It will be DJ Iyer who does a lot of these now in Manchester.
  • Coupon-mad
    Coupon-mad Posts: 132,489 Forumite
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    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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