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Been to court today against Excel & BW Legal

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Standishdale
Standishdale Posts: 10 Forumite
in Parking tickets, fines & parking
I inputted the wrong reg number when I parked at Bryan House, Wigan about 2 years ago. I ignored their threats for about 12 months then sent BW legal a picture of my ticket to prove I paid, didn't overstay and their client was not out of pocket. Not good enough, they pressed on and we ended up in court today. In my defence I sent the court a picture of the ticket and the entry list BW sent me which showed I'd inputted my wife's reg number. I explained they could have seen from the time stamp that it was a genuine mistake.

The judge ripped into their barrister and said it was an obvious, honest mistake and the case was dismissed! I didn't even speak. The judge went on to ask why the case had been brought and the barrister said it was 'company policy' which was said to be ridiculous and they could have used their discretion.

Very relieved and £254 has been saved! :rotfl:
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Comments

  • Umkomaas
    Umkomaas Posts: 41,509 Forumite
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    Very relieved and £254 has been saved!
    Did you claim any costs against them?
    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.

    Private Parking Firms - Killing the High Street
  • safarmuk
    safarmuk Posts: 648 Forumite
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    Well done ... that's the second win I have read about today (elParque won his case too).

    Now pass on the information to everyone you know that you don't have to give in to these practices and be scammed by these companies. Should someone you know experience it tell them to come here for help.

    Great job again, always nice to read these stories.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    I suspect the judge may have been minded to award exceptional costs due to the claimant's unreasonable behaviour ... IF the OP asked for them. :)
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 4 May 2017 at 6:00PM
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    Well done. Did you reference Beavis, this is blatently a penalty.


    When will these stupid people realise that judges are aware of this scam, and do not like it.

    I wonder if PP has tried this wheeze!
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 132,737 Forumite
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    Well done, do tell us more, which Court, Judge? How did it go and who was the other side's rep?
    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
  • Standishdale
    Standishdale Posts: 10 Forumite
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    It was in Wigan County Court and the Judge was a lady called Judge Mornington, she was not impressed with Excel and had made her mind up before we even got in to court it seems. They were represented by a very pleasant young lady called Empson who was a self employed barrister.

    I did not quote any other cases in my paperwork and didn't speak a word until I said "Thank you ma'm"

    I've come across this judge in another case (not motoring) and she was just as straight and seems to see things how "normal" people do.

    I didn't claim any expenses, was just relieved to beat the ba%^&$ds!
  • trisontana
    trisontana Posts: 9,472 Forumite
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    Of course, if the company had "used their discretion" and had seen that it was a genuine mistake then their whole business model would collapse and Mr Renshaw Smith would have to sell his yacht.

    PPCs are not actual car-park managers but use simple errors on the part of motorists as a cash-cow. Smart Parking's latest figures show that 75% of their income now comes from motorist's penalties.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • Coupon-mad
    Coupon-mad Posts: 132,737 Forumite
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    edited 4 May 2017 at 9:26PM
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    Wigan Court, eh?! You can count yourself VERY lucky you didn't get Janeo's Judge. Wigan court were considered awful, after the woeful decision 5 weeks ago in this case:

    http://forums.pepipoo.com/index.php?showtopic=98775&st=140

    Read the thread (it's very long!) and post #148 for their court report. Unbelievable.

    Good to hear not all Wigan Judges are that awful (he thought CPS v AJH Films applied and that Excel complied with the POFA).
    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
  • Standishdale
    Standishdale Posts: 10 Forumite
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    Looks like I had a lucky escape, sounds like the same BW representative, as the usher called her Emerson but she said it was Empson.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    Standishdale wrote: »
    Looks like I had a lucky escape, sounds like the same BW representative, as the usher called her Emerson but she said it was Empson.

    Well done, you are right it was a foregone conclusion by the judge:T

    Janeo's Judge had not done his/her homework about this scam

    We will see more of this type of judge but hopefully the word is out about the Excel/BWLegal scam

    Must assume that Simon Renshaw-Smith has had a week of throwing his toys out of his pram again:rotfl:
This discussion has been closed.
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