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  • FIRST POST
    • Martledge
    • By Martledge 11th Jul 17, 1:34 PM
    • 3Posts
    • 16Thanks
    Martledge
    Another win against Excel and Bwlegal - Chorlton Car Park
    • #1
    • 11th Jul 17, 1:34 PM
    Another win against Excel and Bwlegal - Chorlton Car Park 11th Jul 17 at 1:34 PM
    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.

Page 1
    • beamerguy
    • By beamerguy 11th Jul 17, 1:55 PM
    • 5,530 Posts
    • 7,113 Thanks
    beamerguy
    • #2
    • 11th Jul 17, 1:55 PM
    • #2
    • 11th Jul 17, 1:55 PM
    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.

    Originally posted by Martledge
    Excel lose again

    WELL DONE

    CC judges wise to the Excel and BWLegal antics now

    Look forward to your report
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • IamEmanresu
    • By IamEmanresu 11th Jul 17, 2:49 PM
    • 1,364 Posts
    • 2,551 Thanks
    IamEmanresu
    • #3
    • 11th Jul 17, 2:49 PM
    • #3
    • 11th Jul 17, 2:49 PM
    Was this xxxx365W? And the judge?
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.
    • Martledge
    • By Martledge 11th Jul 17, 3:03 PM
    • 3 Posts
    • 16 Thanks
    Martledge
    • #4
    • 11th Jul 17, 3:03 PM
    • #4
    • 11th Jul 17, 3:03 PM
    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
    • By Umkomaas 11th Jul 17, 3:11 PM
    • 13,626 Posts
    • 21,373 Thanks
    Umkomaas
    • #5
    • 11th Jul 17, 3:11 PM
    • #5
    • 11th Jul 17, 3:11 PM
    It was xxxx365W. Will post back name of the Judge when I find out from my wife. Rep was Miss Devans-Tamakloe from Elms.
    Originally posted by Martledge
    https://uk.linkedin.com/in/jennifer-devans-tamakloe-05677946

    Barrister (Unregistered) needing pupilage. RoA???
    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.
    • Coupon-mad
    • By Coupon-mad 11th Jul 17, 3:13 PM
    • 48,322 Posts
    • 61,787 Thanks
    Coupon-mad
    • #6
    • 11th Jul 17, 3:13 PM
    • #6
    • 11th Jul 17, 3:13 PM
    "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).''
    Last edited by Coupon-mad; 11-07-2017 at 3:18 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Loadsofchildren123
    • By Loadsofchildren123 11th Jul 17, 3:14 PM
    • 982 Posts
    • 1,695 Thanks
    Loadsofchildren123
    • #7
    • 11th Jul 17, 3:14 PM
    • #7
    • 11th Jul 17, 3:14 PM
    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".
    • beamerguy
    • By beamerguy 11th Jul 17, 3:19 PM
    • 5,530 Posts
    • 7,113 Thanks
    beamerguy
    • #8
    • 11th Jul 17, 3:19 PM
    • #8
    • 11th Jul 17, 3:19 PM
    It was xxxx365W. Will post back name of the Judge when I find out from my wife. Rep was Miss Devans-Tamakloe from Elms.
    Originally posted by Martledge
    The same lady who lost this one for Excel

    http://parking-prankster.blogspot.co.uk/2017/07/excel-lose-in-count-witness-irrelevant.html
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Martledge
    • By Martledge 11th Jul 17, 5:50 PM
    • 3 Posts
    • 16 Thanks
    Martledge
    • #9
    • 11th Jul 17, 5:50 PM
    • #9
    • 11th Jul 17, 5:50 PM
    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.
    • IamEmanresu
    • By IamEmanresu 11th Jul 17, 6:17 PM
    • 1,364 Posts
    • 2,551 Thanks
    IamEmanresu
    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.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.
    • Coupon-mad
    • By Coupon-mad 11th Jul 17, 6:21 PM
    • 48,322 Posts
    • 61,787 Thanks
    Coupon-mad
    Oh, the same marvellous Judge who slaughtered these PPC cases and gave us 'PACE v Lengyel' to use:

    http://parking-prankster.blogspot.co.uk/2016/11/es-parking-lose-spinningfields-case.html

    http://parking-prankster.blogspot.co.uk/2017/06/pace-given-pasting-in-manchester.html

    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • bargepole
    • By bargepole 11th Jul 17, 6:48 PM
    • 1,982 Posts
    • 5,608 Thanks
    bargepole
    ... 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.
    Originally posted by Martledge
    It wouldn't make them any better or worse equipped. If their legal arguments are fundamentally flawed, and the Judge is capable of seeing that, then it doesn't matter who the advocate is. I had one case where they sent a (registered) barrister from a leading London chambers, and they still lost: http://parking-prankster.blogspot.co.uk/2016/04/pcm-uk-signage-does-not-create-contract.html

    Using the low level solicitor agents / unregistered barristers, costs the PPCs about £100 - £125 per case. Properly qualified advocates will typically charge £250-£300. So it would make their business model less affordable.
    Speeding cases fought: 24 (3 of mine, 21 for others). Cases won: 20. Points on licence: 0. Private Parking Court Cases: Won 25. Lost 7.
    • IamEmanresu
    • By IamEmanresu 11th Jul 17, 7:00 PM
    • 1,364 Posts
    • 2,551 Thanks
    IamEmanresu
    So it would make their business model less affordable.
    And make judges' lives more bearable. Do they really want to spend an hour over £100 plus costs.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.
    • beamerguy
    • By beamerguy 11th Jul 17, 8:18 PM
    • 5,530 Posts
    • 7,113 Thanks
    beamerguy
    .
    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.
    Originally posted by Martledge
    BWLegal like Gladstones and Wright Hassall work on the
    SW-SW-SW system

    SOME WILL - SOME WON'T - SO WHAT.

    BWLegal have a core business of chasing debts which is their
    business model.

    They decided to embark on the private parking industry ??
    BIG MISTAKE

    You will always have problems when you go to bed with scammers

    The BWLegal failures are all shown on google and will destroy their credibility as winners ... as in the parking industry they are losers

    Very bad for the BWLegal reputation one might think but the more
    they lose, and they will lose, as the courts are now seeing through
    their incompetence, they drag themselves into the sewers

    Best for BWLegal to dump the likes of Excel/VCS as the scams are
    not accepted in the courts
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
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