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Excel BW again

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  • claretmad62
    claretmad62 Posts: 190 Forumite
    Fifth Anniversary
    Just arrived for 12 kick off....no one here yet from other side....that I can see. Feeling a ltitle calmer now.
    cm62
  • Umkomaas
    Umkomaas Posts: 43,355 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    We're with you all the way - in thoughts and in spirit.
    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
  • claretmad62
    claretmad62 Posts: 190 Forumite
    Fifth Anniversary
    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
    Umkomaas Posts: 43,355 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yay - great result. Well done you! :j:T

    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? :beer: Probably more likely claret than beer?
    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
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 27 June 2017 at 2:26PM
    made my day ..... congrats :j:j:j

    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
  • well done, what a relief for you!
    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.
  • Coupon-mad
    Coupon-mad Posts: 151,711 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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 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
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    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.
  • 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.
    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.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    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.

    It is however interesting to read what claretmad62 said above
    regarding the introduction of EvL and AJH

    "I could see JW face as this came out, and could tell that it had pretty much rubber stamped a dismissal for the claimant."

    Surely the courts have tagged this particular rubbish by BWLegal ?
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