BWLegal - the list of failures growing

beamerguy

Court Report: Excel spanked at Skipton

Excel Parking Services Ltd vs Ambler. E1DP2061

Thanks to Lamilad

https://forums.moneysavingexpert.com/discussion/comment/74542767#Comment_74542767

beamerguy

COURT REPORT

Thanks to Capt Mainwaring
https://forums.moneysavingexpert.com/discussion/comment/74574493#Comment_74574493

POST#186

THE REPORT

Judge Wright in Skipton
BWLegal sent Mr Pickup
An EXCEL case

She came across well. Very smiley and despite the serious nature of the proceedings, she put me at ease (most of the time!).

My first scare came early on, when she told me that I was supposed to email my court bundle to them, not just my WS, as I had done. I've clearly misunderstood this, so I apologised and blamed it on my naivety in these matters.

It got worse - she then went through my court bundle and casually tossed most exhibits to one side! They weren't authoritative or binding on her and she seemed to have an issue as some were at County Court level. However, I think this was partly done so she could then move on to my WS.

Even though he doesn't work for BW or Excel (I knew this before I arrived) Ernest Pickup, who I believe is based in Newark represented the Claimant. He offered to shake hands as we walked in. If I was a better man than I am, I would have shaken his hand. However, given how fed up (I'd like to type something much stronger) this sorry process has made me, I just refused.

Judge Wright then went through my WS. With an air of deja vu, she casually waved away CPS v AJH Films and Elliot v Loake. I wonder how many times she has said that this year. Even good old Ernie knew the Judge would give that lot short shrift.I bet he feels like Geoffrey Howe when he resigned! I'm showing my age here but you remember the speech he made - the one about the opening batsmen walking to the crease, only to find your captain has broken your bat!. BW don't give Ernie a lot to work with, do they! I bet his heart sinks when he has to come up to Skipton and BW are relying on CPS and EvL.

Judge Wright was clearly NOT impressed that Philip Byers Nolan (who wrote the WS for BW) was not present. I'd say that definitely scores some easy points for any Defendant. That strikes me as being bizarre, that BW can't even be bothered to turn up and they place it in hands of another firm, who have had knack all to do with it, up to that point.

After an unimpressive start, things were on the up for me. The Judge agreed with me that EvL and CPS are irrelevant and she'd given us her 'I can't believe its not PoFA' look, when she read that the Claimant is not relying on it.

Ernie wanted to ask me questions about why I hadn't 'engaged' with the Claimant. They hadn't heard anything from me. I MUST have known who was driving my car, when they sent me the PCN, as it wasn't taken without my consent. I confirmed that after Excel had showed utter contempt for my appeal for the first PCN in my wife's name, then I had zero interest in dealing with them ever again.

He wanted to know if I knew who the driver was. I confirmed that I didn't know. He then said how did I know that the P&D machines were not working on the day of the alleged contravention. Crap! I bet I looked like Virat Kohli when Adil Rashid bowled him the other week. I acknowledged this oversight and confirmed that being an uneducated man, I had clearly phrased that incorrectly and that I had meant to say 'I believe they were not working on the day'.

Ernie summed up by saying that he believed me to be the driver. I was pretty nervous at this stage, I don't mind admitting. The Judge said she'd have no problem in labelling me a liar, if she thought I had lied in Court.

I like to think the next part saved my bacon - I confirmed that I'd parked my wife's car in that car park in May (thus proving that surprise, surprise, married couples do drive each others vehicles). I didn't pay, as the machines were not working. I then went back to just two days before the alleged contravention, to take photos of the signs. WHY would I then return for a THIRD time, just two days later and park in that car park again, knowing that the machines had been our of order for ages and that I'd probably incur another PCN?

The Judge then summed up - she believed that I hadn't lied in court and commented on my demeanour and acting as a lay person with no legal background (thanks to Iamemanresu for your views on how to act in Court). She also confirmed that The Claimant had failed to convince her that I was the driver and with no proof, she dismissed the claim!

I then produced a costs schedule and commented that I had not include any parking, fuel or time off work costs and that I have been honest and fair in the £250 I believe I was owed. She said I could only claim for that if I thought they had been unreasonable. For the life of me, I could not remember what Lamilad had said about this! I took the opportunity to vent a little about it being a disgrace that I've been subjected to this crap for the last 12 months. Unsurprisingly, I left without a penny! Never mind, I still got what I came for. The £250 would have been a great bonus.

I have to say, I don't feel triumphant. I'm just relieved its all over. This wasn't another 'Excel take a hiding in Skipton'. I could be wrong (only the Judge can really answer) but I agree with Iamemanresu it was marginal and thankfully, she found in my favour.

beamerguy

WARNING ABOUT BWLEGAL

SEE THIS THREAD
BW Legal ringing family members
https://forums.moneysavingexpert.com/discussion/5876780/bw-legal-ringing-family-members

If you or your family are being harassed by BWLegal
as seen in the above thread, read the action you should take

The SRA should be totally ashamed by allowing BWLegal
to be members, they are a shambles

beamerguy

Read this thread about BWLegal

beamerguy

BWLegal now in bed with NCP.

Wonder if NCP have read this thread yet ?????

beamerguy

The bad boys are rocking again

beamerguy

The BWLegal boys seem to be very desperate right now

beamerguy

BWLEGAL on the prowl again

beamerguy

BWLegal and VCS lose another one

https://forums.moneysavingexpert.com/discussion/comment/74984439#Comment_74984439

POST # 126

They went on about CPS Vs AJH yet again, and yet again the judge rubbished it.

BWLegal seem to struggle with the learning process

beamerguy

BWLegal still harassing people by phone on an unproven debt ???

COMPLAIN TO THE SRA

https://www.sra.org.uk/consumers/problems.page