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Excel/BW Legal - Defendant is not RK

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  • The_Deep
    The_Deep Posts: 16,830 Forumite
    I would drop him a note asking him for a ruling. Tell him you may go after the PPC for unreasonable behaviour and/or a DPA breach.
    You never know how far you can go until you go too far.
  • Well done to @Matthew87. This is a classic (albeit a cop out). After all, you don't need to consider the trickier points of law if they become irrelevant.

    If the the district judge had an idea he'd find against the PPC (and he would've done from the previous hearing and the your papers he'd read), he could spare the parties the embarrassment of a RoA point, avoid any arguments for adjournment etc by just kicking it out promptly.

    For what it's worth, do bear in mind that a quick search on LinkedIn will often reveal a lot about individuals who cannot easily be found on the websites of professional bodies, such as the Law Society.
  • Fantastic news, well done
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Matthew87
    Matthew87 Posts: 64 Forumite
    10 Posts
    Johnersh wrote: »
    For what it's worth, do bear in mind that a quick search on LinkedIn will often reveal a lot about individuals who cannot easily be found on the websites of professional bodies, such as the Law Society.

    You're surely not suggesting that she'd describe herself on LinkedIn as an "unregistered barrister needing pupillage" are you?? Oooooppssss Haha
  • A tad too much schadenfreude there: Pupillages are, in fairness, bloody hard to secure. I'd not do anyone down for wanting to gain experience in their chosen field. No doubt her LinkedIn profile is representative of a crowded and highly competitive market for legal professional training posts. But an advocate is not helped by poor instructions nor indeed poor/no supervision.

    That said, I do have rights of audience and it troubles me that unsupervised staff are regularly 'sent into bat' to undertake what is a regulated activity.

    In such circumstances claimants' have themselves only to blame. Clearly defendants can (and should be expected to) take any reasonable point in the defence of the claim - and refer to any publicly available material to assist them in that regard.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I am convinced that the courts have tagged EXCEL/VCS/BWLEGAL as timewasters

    Simon Renshaw-Smith did himself no favours when he threw his toys out of his pram ranting on about a judge.

    What is amazing in Matthew's case is that they used pictures from June when the incident happened in December.
    This clearly shows the complete incompetence of BWLegal in allowing it to get that far.

    Renshaw-Smith really needs to wake his ideas up about BWLegal
    BUT ..... who else can he turn to, what normal legal firm would go to bed with scammers .... maybe SCSLaw, Gladstones, Miah ?
    All of which will be subject to a whooping in court
  • The challenge is that legal services are expensive. Once you agree to work for low fees, there is an issue with profit margin.

    The only way to keep costs down is to commoditise, high levels of automation (templates), higher levels of unqualified staff, higher volumes of cases. Sadly this often also means lower amounts of time on files, lower levels of supervision and lower quality.

    That's the explanation. It's also why it's perfectly possible to defend these cases. Spend the time on your case/documents and it can be done....
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Johnersh wrote: »
    The challenge is that legal services are expensive. Once you agree to work for low fees, there is an issue with profit margin.

    The only way to keep costs down is to commoditise, high levels of automation (templates), higher levels of unqualified staff, higher volumes of cases. Sadly this often also means lower amounts of time on files, lower levels of supervision and lower quality.

    That's the explanation. It's also why it's perfectly possible to defend these cases. Spend the time on your case/documents and it can be done....

    You describe BWLegal (and the others) perfectly

    "Only fools and horses" then
  • Coupon-mad
    Coupon-mad Posts: 151,569 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Very well done, Matthew87; we knew you would do it! :D
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • traceynob
    traceynob Posts: 84 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Great news, Matthew87, you put so much work in that it's almost disappointing that the judge didn't consider all your other appeal points too. And good to hear about another bad day for Excel, that is the fourth case I have heard of in the past few weeks for the same car park and they have lost them all on the signage. Would love to know what their win-lose ratio is now that more and more people are gaining confidence from cases like yours and fighting back.
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