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  • FIRST POST
    • claretmad62
    • By claretmad62 29th Jan 17, 6:45 PM
    • 189Posts
    • 173Thanks
    claretmad62
    Excel BW again
    • #1
    • 29th Jan 17, 6:45 PM
    Excel BW again 29th Jan 17 at 6:45 PM
    Hi to all

    Spent quite a bit of time reading others threads, finding it all a big learning curve.


    State of play, Excel along with BW currently chasing my wife for a PCN from early 2012 (pre PoFA) On her behalf I have been corresponding with BW and at the moment we are 20 days into County Court sending our initial defence to the claimant. Been on with the WS, as it's over 5 years ago we've not got a clue who was driving....quite a few people have used my wife's car historically. There seems to be different views on what should be in the WS, and what we should take to the hearing as our court bundle. As it's pretty PoFA, what do you think our plan of defence/ attack should be


    Cheers
Page 14
    • Lamilad
    • By Lamilad 12th Jun 17, 11:10 AM
    • 888 Posts
    • 1,863 Thanks
    Lamilad
    Some of the stuff above you may already have in your WS so it may be a case of cherry picking the points you need in your SA.

    Keep in mind that the main crux of your defence is pre PoFA - no proof of driver - no keeper liability' Your bundle should focus on this more than anything else.

    Everything else is secondary but still strong, valid arguments
    • claretmad62
    • By claretmad62 12th Jun 17, 11:21 AM
    • 189 Posts
    • 173 Thanks
    claretmad62
    Yes, going thru your comments last night and your WS you linked. Cherry picking as you say. Going thru their WS and commenting where I feel its applicable...not on every Paragraph of course. I was thinking of making this a separate part of the SA, with a Title The Defendants comments on Claimant WS.. or similar. Would that be ok ? Will put heading on the top page with all the separate components of the SA.
    cm62
    • claretmad62
    • By claretmad62 12th Jun 17, 4:34 PM
    • 189 Posts
    • 173 Thanks
    claretmad62
    On the RoA should it arise, is there a website that will allow me to look up whoever turns up, would like to save it onto my phone in readiness.
    cm62
    • Lamilad
    • By Lamilad 12th Jun 17, 6:30 PM
    • 888 Posts
    • 1,863 Thanks
    Lamilad
    On the RoA should it arise, is there a website that will allow me to look up whoever turns up, would like to save it onto my phone in readiness.
    Originally posted by claretmad62
    BMPA offer a 'check the rep' service where you text them the name of the rep and they check their RoA
    http://www.bmpa.eu/court.html
    • Lamilad
    • By Lamilad 12th Jun 17, 6:31 PM
    • 888 Posts
    • 1,863 Thanks
    Lamilad
    I was thinking of making this a separate part of the SA, with a Title The Defendants comments on Claimant WS..!
    I would go with "response to the claimant's witness statement"
    • IamEmanresu
    • By IamEmanresu 27th Jun 17, 9:45 AM
    • 1,485 Posts
    • 2,770 Thanks
    IamEmanresu
    Good luck today
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.
    • claretmad62
    • By claretmad62 27th Jun 17, 9:48 AM
    • 189 Posts
    • 173 Thanks
    claretmad62
    Thank you IamEmanresu....very nervous, but what will be...will be.
    cm62
    • Loadsofchildren123
    • By Loadsofchildren123 27th Jun 17, 10:20 AM
    • 1,077 Posts
    • 1,879 Thanks
    Loadsofchildren123
    break a leg
    • Umkomaas
    • By Umkomaas 27th Jun 17, 10:25 AM
    • 14,629 Posts
    • 23,013 Thanks
    Umkomaas
    Good luck - and please do let us know the outcome. So many fail to do that which is more than a slap in the face to those who've put many hours of their own time, free of charge, into helping the posters (mini rant over).

    Sock it to 'em today!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • claretmad62
    • By claretmad62 27th Jun 17, 10:28 AM
    • 189 Posts
    • 173 Thanks
    claretmad62
    I will do, can't say it will be a detailed breakdown as my brain feels like it's ready to explode. Thanks again to all for your help.
    cm62
    • beamerguy
    • By beamerguy 27th Jun 17, 10:30 AM
    • 5,982 Posts
    • 7,699 Thanks
    beamerguy
    I will do, can't say it will be a detailed breakdown as my brain feels like it's ready to explode. Thanks again to all for your help.
    Originally posted by claretmad62
    Just telling us you won will suffice for the moment, when you
    gather your thoughts later, tell us the story
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • claretmad62
    • By claretmad62 27th Jun 17, 11:22 AM
    • 189 Posts
    • 173 Thanks
    claretmad62
    Just arrived for 12 kick off....no one here yet from other side....that I can see. Feeling a ltitle calmer now.
    cm62
    • Umkomaas
    • By Umkomaas 27th Jun 17, 11:33 AM
    • 14,629 Posts
    • 23,013 Thanks
    Umkomaas
    We're with you all the way - in thoughts and in spirit.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • claretmad62
    • By claretmad62 27th Jun 17, 2:08 PM
    • 189 Posts
    • 173 Thanks
    claretmad62
    So, we won...which is just a great feeling.
    I thought we were in trouble at one point, as Judge Wright seemed rather bemused by my defence...as I had an inkling she may be. So of course as others have said on here, she took very little notice of what I had put in my WS as I was attempting to add more evidence to my argument that wasn't included in my intial (poor) defence. Now the strange thing is, she was ok with me being the Lay Rep. However what my Wife & I were not expecting was that they would continue to ask her questions and not point them to me. I hadn't prepared her for this, and she wasn't sure what to answer. We somehow managed to get through it, once we confirmed that neither us were driving (both on insurance) she then asked the Solictior...(think she called herself a Barrister when she introduced herself to us outside the room) what she was relying on given she didn't know the identity of the driver. I was preying she would bring up EL v Loake & CPS v AJH....and she did. I could see JW face as this came out, and could tell that it had pretty much rubber stamped a dismissal for the claimant. It really didn't last long at all, so in a way my poor defence brought about a quick decision. Sorry didn't get the other parties name, she was a very tall dark girl, with a very strange name if the lady on door is anything to go by...she just couldn't get it right. JW shot down my Costs layout, thought Id followed a template that was pretty much used by everybody, we got half of what I put in...but to be truthful it was never about making money out of it. So I'm sorry, not much in the way of real depth, as I say it was over in no time & my wife was very tearful and a tad angry with me that I hadn't warned her what was coming. I've learned quite a bit from today, biggest thing is to assume nothing & make sure you can back up the info you have supplied. I know I said it many times before, but heartfelt thanks to all of you for your help. My 2nd one is following fast on the heals of this, big difference this time is I feel I have a better defence. So if you don't mind..I will still be asking questions.
    cm62
    • Umkomaas
    • By Umkomaas 27th Jun 17, 2:17 PM
    • 14,629 Posts
    • 23,013 Thanks
    Umkomaas
    Yay - great result. Well done you!

    Thanks for updating us - it certainly gives me a lift when I see someone we've got to know well (in a virtual sense) overcomes the sc@mmers.

    A small snifter tonight I suspect? Probably more likely claret than beer?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • beamerguy
    • By beamerguy 27th Jun 17, 2:23 PM
    • 5,982 Posts
    • 7,699 Thanks
    beamerguy
    made my day ..... congrats

    what on earth is wrong with these muppets to keep on using
    EL v Loake & CPS v AJH

    How many more times must this disgraceful incompetent legal firm
    be told about this.
    BWLegal are serious timewasters for the courts

    Anyway, well done, it's all over now.

    As far as to why they keep using EL v Loake & CPS v AJH,
    best answer on the back of a postage stamp and post it to a
    third world country

    Don't forget to tell the parking prankster.

    Another whooping for excel / bwlegal ....... next please
    Last edited by beamerguy; 27-06-2017 at 2:26 PM.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Loadsofchildren123
    • By Loadsofchildren123 27th Jun 17, 3:25 PM
    • 1,077 Posts
    • 1,879 Thanks
    Loadsofchildren123
    well done, what a relief for you!
    • Coupon-mad
    • By Coupon-mad 27th Jun 17, 11:42 PM
    • 50,157 Posts
    • 63,531 Thanks
    Coupon-mad
    Yay, well done! A win is a win, and they dug their own hole trying to assume who was driving and throwing Elliott v Loake and CPS v AJH Films at it (a bad move by the solicitor's rep).

    Lamilad will be so pleased for you!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • beamerguy
    • By beamerguy 28th Jun 17, 9:35 AM
    • 5,982 Posts
    • 7,699 Thanks
    beamerguy
    I wonder how much longer BWLegal will continue with the
    "Elliott v Loake and CPS v AJH Films" rubbish

    IT IS PURE RUBBISH and now cases can be referred to where judges
    tell BWLegal they are wrong.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Loadsofchildren123
    • By Loadsofchildren123 28th Jun 17, 10:15 AM
    • 1,077 Posts
    • 1,879 Thanks
    Loadsofchildren123
    Madhatter752 has one in court next week where they are relying on AJH Films and EvL. It's VCS. They and BW Legal know full well that EvL and AJH have been rubbished but continue to rely on it in the hope that a hapless Defendant won't know better, or that they will get a stupid judge. There are still judges finding that EvL or AJH apply - there was a judge last week who held that under the law of agency the keeper was liable (although the case was won on another point).
    There's nothing that we can do other than plod on. I've seen suggestions of complaints to the SRA but I honestly wouldn't waste my breath on a complaint, it won't go anywhere.
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