Court defence help requested (quite urgent)

Fruitcake

I forgot to mention that this system does not require any input from the motorist, so it is impossible for an incorrect VRN to be typed in.
The system also only reads the front number plate so there can't be any errors because of a difference between front and rear such as a rusty screw, or partially obscured plate, or a bit missing.
Any errors on reading the plate at entry will be duplicated on exit.
Double dipping is also impossible because you can't get out unless the exit VRN image matches the entry image.

I'm not 100% sure, but I think the VRN may even be printed on the ticket at the entry barrier.

deepcomuk

FYI Coupon mad. Nothing in post today.

deepcomuk

Quick update:

Called BD Legal today as still haven't seen anything in the post from them. Call Centre lady was pleasant, put me through to a guy who sounded like he had been sucking a wasp, but more abrupt. He confirmed that they had indeed sent out the cheque for the £255 costs, well within the 14 days that was allowed to them by the Judge but Surprise Surprise, they had posted it to my old address....

I swear I could hear him nodding when I suggested the company and most of the staff there were completely incompetent. He's "looking into it and will call me back"; I won't lose sleep over that promise.

Andy.

Coupon-mad

You could not make this up - the Parking Prankster may well be interested in Blogging about this when you finally prevail!

Using your OLD address again when the whole reason they had to pay you £255 was because...they'd used your OLD address for the claim and were well aware you'd moved!

deepcomuk

Yeah I knew you would like that. I'll keep you all posted with the ultimate outcome and then if Parking Prankster wants to do a blog about it I'd be happy to chat with him.

deepcomuk

FYI, correctly addressed cheque finally arrived on the 14th November via second class Royal Mail, postmarked on the 10th, on a letterhead saying:

08 November 2016

Dear Sir,

Our Client: Excel Parking Services Ltd
Balance Due: £262.52

We refer to the above matter and the hearing of 11 October 2016. As you are aware your application to set judgement aside has been successful, and costs have been awarded to you in the sum of £255.00. Please therefore find attached cheque payable to you in the sum of £255.00.

We trust this is in order.
(my note: cheque is dated 9th November).

Nice of them to date everything after the 14 day period that they were given by the judge to reimburse me, I might end up using that to show further incompetence. Thought it was funny that they are still sticking with their 'balance due' amount even though I've shown there are really no terms agreed that could make their claim anything more than £60. Just waiting for further info from the courts now, and I also need to chase the set aside itself as that still hasn't been submitted at the Registry Trust.

Andy.

Coupon-mad

Nice work Andy.

I've used your thread and your linked example Witness Statement that got you the set-aside, to point out to other posters in the same boat and show them what to expect.

deepcomuk

Hi Coupon-mad et al,

Just a final update on this case having now had the hearing (last Wednesday - 03/05/17).

BW Legal sent a locum solicitor in, who interestingly came from Bury (to Wakefield), which I thought a tad odd considering the BW Legal office is only about 10 miles away in Leeds. Guess they must be too busy sending letters out.

He seemed a genuine guy but when the Judge suggested that the ruling of DJ Ellington (in the set aside case) which stated that 'the Defendant was never served' should be took to mean that the POFA and all proceeding paperwork was also deemed never to have been served, he tried to argue that it should still be classed as served as part of the previous evidence bundle, before realising that this was still outside of the 14 day window.

In the end, the Judge completely cut off all their evidence referencing keeper liability as not valid so He immediately switched his argument to suggest BW Legal weren't actually bringing the case against me as the keeper but were instead only bringing the case against me as the driver!

The Judge then asked what evidence they had to show I was the driver at the time, which primarily relied on: 1) I was keeper so probably the driver, 2) The car was parked for 55 mins without ticket, 3) The T&C's state a ticket is needed. 4)I never named the driver nor provided any undeniable proof that I wasn't the driver so I probably was.

I disputed being the driver and elaborated on my reasons noted in my witness statement, then forced their solicitor to backtrack when I confirmed I had actually named, with a 95% likelyhood, who had been driving on the day, during the last hearing. This then turned into a 'well you gave a name, but gave no contact address so this wasn't acceptable' to which I replied that I was under no legal obligation to provide those details anyway, especially not at this late stage.

I also said I couldn't confirm if the car was parked without a ticket, nor could be liable for their t&c's by mis-representation as I was not the driver.

Obviously as this was a civil case, the burden of proof isn't quite as relevant and it mainly comes down to the balance of probabilities. Luckily the Judge agreed that it was more probable than not that I wasn't the driver at the time and ultimately dismissed their case.

Overall - apart from the experience in and of itself it felt a bit like a waste of an hour, and as it was a small claims case I was told I could only really claim back costs to cover my expenses.
As I'd only driven a mile or so to the court I said I wasn't looking for travelling costs but I would like them to reimburse me the £1.60 I paid in the CAR PARK to which the Judge smirkingly agreed, I think just for the sake of the irony!!

Having today found out that they have sent another letter (presumably the £1.60 cheque) to my old address again (having been in touch with the new owner of the property since this case started), I'm now tempted to give it a month or so and then just instruct the debt collection company we use at work to issue them some form of 'notice of liability' for non-payment of a court ordered judgement. Not sure if that is even possible but one can dream....

Anyway, thanks again for everyone's help, I'm finally glad I have a resolution to all this.

Andy.

Umkomaas

Great report back, and great result Andy. Getting such good news really does help in keeping regulars motivated.

Lamilad

I'm now tempted to give it a month or so and then just instruct the debt collection company we use at work to issue them some form of 'notice of liability' for non-payment of a court ordered judgement. Not sure if that is even possible but one can dream....

You can do better than that. If they don't pay by the deadline you go back to the court in person and apply for a warrant of control - costs £110 which is added to their bill.

Then baliffs will visit their premises to demand payment or repossess goods. Would be hilarious if they had to face baliffs over their non payment of £1.60... and even better that they would now have to pay £111.60

Brilliant job in court by the way, well done!