CCJ from BE Legal/Excel relating to incident in 2012

[Deleted User]

+1 coupon mad. Signpost the breaches, what amounts to documents by the backdoor and what is, in essence, ambush with new materials.
These are all matters the court rules (CPR) was brought in to prevent.

The claimant could, if aware you'd moved or suspicious that you might have done, have affected service by alternative means, namely a current email address. That requires a court order but is quite possible. Even without an order, they could have served by post and emailed a copy to ensure you received it.

TobyZ

Something else I've noticed - to demonstrate their rights to operate the car park, Excel are relying on a letter on their own letter head paper, signed by their own commercial director, dating from 2015 (three years *after* the claim incident) - they have provided nothing at all from the actual landowners or the relevant point in time. My initial search suggests judges have taken a very dim view of this practice - what's the best way to attack it? Also, would welcome any suggestions of whether to hammer them on the withholding of the email exchanges, and if so how?

Umkomaas

Something else I've noticed - to demonstrate their rights to operate the car park, Excel are relying on a letter on their own letter head paper, signed by their own commercial director, dating from 2015 (three years *after* the claim incident) - they have provided nothing at all from the actual landowners or the relevant point in time.

I preface my comments with the fact that I've not read back over the 113-posts thread.

Just do some further research on this - notwithstanding that the date is 3 years after the incident - but Excel do lease some car parks and the signing of a Witness Statement/contract by one of their own often suggests that the car park in question is one they have leased.

But do please dig deeper on this as I might be off the mark in your particular case. Don't leave yourself exposed to having egg on your face.

TobyZ

Hi Unkomaas, I was relying on the report of this case, which seem to involve the same car park, and the same kind of paperwork produced to demonstrate rights of contract - the judge does not seem to have been impressed! I was going to refer to this case name and number to underline the argument:

http://parking-prankster.blogspot.co.uk/2017/07/excel-lose-in-count-witness-irrelevant.html

Coupon-mad

Yes and you can file a printout of a PP Blog as evidence; people do.

TobyZ

Hi all, I've submitted my Skeleton Argument today by email to the court. One thing I'm not clear on is whether I also need to send this to BW Legal - as it is not a required document, but something to assist the court am I obliged to send it to them as well?

nosferatu1001

Yes, you always send to both parties.

TobyZ

Good news everyone - I won my case this morning! Was all a bit of a blur, but basically everything went my way. Judge seemingly knew Mr Pickup and was v familiar with parking charges and not at all impressed by BW Legal's behaviour.

Quick summary:

Case heard at Manchester courts. BW Legal represented by Mr Pickup, who was friendly enough and seemed to be known to everyone there (including the judge). Guess he does a lot of business at Manchester. Called in after about an hour. Judge had read my skeleton arg thoroughly and complimented it - "rather more robust than most of the parking charges we see".

He moved straight to the issue of the late submission of Witness Statement by BW Legal, about which he was not impressed at all. Said it was a serious matter and no explanation had been given. Seems documents were served late on the court as well as on me. He asked Mr Pickup if we wanted to apply for Relief from Sanction? Pickup said yes, but couldn't offer any explanation and talked about standards of evidence. Judge was having none of that either. Said it wasn't a standards of evidence matter but a court rules matter. Said when considering application for relief from sanction he had to consider seriousness, explanation and contextual circumstances (the framework I had laid out in my skeleton!) Said it was serious, there was no excuse, and there were no relevant contextual circumstances, so relief of sanction denied and Witness Statement struck out.

We then proceeded to the claim. Judge said it seemed pretty straightforward - case was pre-POFA, I had no recollection of who drove, clearly it could have been my wife or I as we both were insured, or others, Claimant had to prove driver, did BW Legal have any evidence of driver? Mr Pickup, looking rather crestfallen after having the bulk of his evidence struck out and having to rely on the very basic info in the particulars of claim, tried to get the evidence back in via the backdoor by saying I'd referred to it in my skeleton argument. Judge wasn't having any of that either, and (after a dramatic pause, he was given to those) said claim dismissed.

We then moved to costs. I applied for lost wages and for punitive costs, on basis of BW Legal's repeated bad behaviour. I got the lost wages (and travel) adn Judge considered the punitive costs issue for a while, but came down against it on basis the costs I claimed was stuff I would have had to do preparing the case anyway.

Mr Pickup then asked leave to appeal on basis claim was dismissed "on a technicality". Judge's face suggested he didn't like that much, either. Leave to appeal denied (after another dramatic pause). Mr Pickup then tried one last gambit, asking if he could make a separate appeal re the claim itself rather than re the CPR sanction striking evidence. Judge did another dramatic pause then said something like "Leave to appeal sanctions: Denied.....Leave to appeal of Claim: Denied. Is that clear enough for you Mr Pickup?" Judge then added that Mr Pickup had been poorly served by his clients, and emphasised he didn't think Mr Pickup had done anything wrong.

Mr Pickup, who seems a decent enough sort, came over after and said "nothing personal meant by that appeal business, I have to check". I said I understood he was just doing his job. He said there was still a chance an appeal could happen, would depend on what Excel and BW Legal decide, but court would contact me if it happened

Was all over in about 15 minutes, after an hour of waiting while the judge did his reading. Phew! Was incredibly nervous beforehand but the process wasn't too bad really - judge was very clear and relaxed. Finally got this monkey off my back after nearly a year!! (touch wood, I guess they could appeal...) Thanks once again to everyone who helped on this case, the advice you've provided has been invaluable. Excel/BW Legal are now 2-0 down and £450 out of pocket on this one : )

Loadsofchildren123

great news, well done! And obviously a good Skeleton

TobyZ

I have you to thank for that among others Loadsofchildren - your guidance was very valuable, so thanks again