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Court Claim. BW Legal on behalf of Excel Parking

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  • DoaM
    DoaM Posts: 11,863 Forumite
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    I had to sign in to Dropbox to see it, but ... I can see it.

    Interesting point ... the opening letter is "signed" by a solicitor called BW Legal - would've thought they'd have an employee with that name, eh? :D
  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    Thank you CM and IamEmanresu. Just need to clarify as there may be some misunderstanding... I have already submitted my court bundle inc WS to the court. I did in yesterday before I received BWL's. Yesterday was the deadline so I didn't want to risk getting it in late esp as it seemed at the time BWL weren't going to get there's in - which makes me wonder if they emailed it to the court as they did me... If they sent a hard copy to the court then surely they would have done the same with me.


    Anyway, I modified the WS used in my other case for this one and used pretty much the same exhibits. It's shorter as many points in the other one focus on attacking specific points in the claimants WS. I had throw it together in, like, an hour so it's not as robust as my other bundle but it will hopefully be enough.


    I'll upload the bundle I submitted shortly. Many thanks
  • Coupon-mad
    Coupon-mad Posts: 131,404 Forumite
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    Great! I'm very glad you made the deadline as that looked a worry.

    My gob will be smacked if Excel win any defended case saying people 'did not pay and display', without ANY crucial evidence - namely the record showing that the car wasn't paid for/VRN not entered.

    How do they expect to win with 2 photos (from the separate ANPR system) but no VRN/payment records from the actual P&D system?!

    If they can win with no evidence, then they could rock up in court with two photos of every single car that ever entered the car parks they ruin.
    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
  • System
    System Posts: 178,092 Community Admin
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    I have already submitted my court bundle inc WS to the court.

    The WS should only contain the facts, timeline and supporting details so if you haven't sent in any information about machine failures you can take it along and let the court know you have it (or any other document) but it will be the judge who says if you can use it.

    The other side may say "hijack" but they do it all the time.

    The other issues are for your Skeleton arguments (bare bones) which you can have with you on the day or send the day before. It's the logic of the case / holes in the other side's arguments. So the comment about the provenance of the contract and the issue with no WS from the claimant are valid and can be used with case law which you should take with you even though it may not have been sent prior. Again the judge will decide if he wants to read it - or may be familiar with the reasoning so does not need the case law.

    Case law is the likes of "Beavis" or "Shoe Lane Parking" and not any earlier County court case which should have been with the WS
  • Fruitcake
    Fruitcake Posts: 58,223 Forumite
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    Lamilad wrote: »
    Fruitcake wrote: »


    Ok, third time lucky... If anyone can't open the previous link. This one should work.....


    There is a problem with the information displayed in that link. I sent you a PM about it yesterday.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
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  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    Fruitcake wrote: »
    Lamilad wrote: »

    There is a problem with the information displayed in that link. I sent you a PM about it yesterday.


    Hi Fruitcake, thanks I got your message. I'm complete newb with dropbox but I'll have a look to see if I can fix it.
  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    Link to the court bundle I submitted for this case:


    https://www.dropbox.com/sh/n5mbum2mv0cxz7b/AAC0MahWa1Va6-_R4t8s6et7a?dl=0
  • Coupon-mad
    Coupon-mad Posts: 131,404 Forumite
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    Good stuff. Still covering all the bases and I hope you get a single fair hearing for both the claims.

    If at the hearing it seem at any point not to be going your way (I would be surprised) point out that there is no evidence provided at all that the driver didn't pay, display, or type in the VRN. All they've shown is that the car was there! That and the lack of keeper liability are surely the bottom lines here.
    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
  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    Thanks again CM I will certainly be driving those points home on the day. From reading other threads I get the feeling BWL/Excel will probably try to drop the vrn lists on my lap before we go in. Needless to say they'll end up on the floor of they do.
  • Fruitcake
    Fruitcake Posts: 58,223 Forumite
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    Lamilad wrote: »
    Link to the court bundle I submitted for this case:


    https://www.dropbox.com/sh/n5mbum2mv0cxz7b/AAC0MahWa1Va6-_R4t8s6et7a?dl=0

    The problem I highlighted is still evident. Perhaps it is a feature of dropbox?
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
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