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Excel/BW Legal, Company Defendant. Vicarious Liability

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  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Well done Lamilad :beer::beer:

    Excel would be well advised to contact you first to
    find out their chances of winning or losing

    BWlegal is NOT the right company for them
  • Coupon-mad
    Coupon-mad Posts: 152,420 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Very well done again Lamilad, that wasn't an easy one to win, I know, from the evidence you showed me.

    :T:T
    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
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    Very well done again Lamilad, that wasn't an easy one to win, I know, from the evidence you showed me.
    As always the support and advice from you and Bargepole was invaluable.

    Shame I didn't get to ventilate the false PDT evidence but that will be useful if they go after the driver. :)
  • Coupon-mad
    Coupon-mad Posts: 152,420 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The false PDT evidence was interesting, but for another time.

    Maybe the Parking Prankster will Blog about this one. Well won, after your hard work.
    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
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    Maybe the Parking Prankster will Blog about this one.!
    I'll email pranky the details. I don't think he blogs much these days
  • coupon-mad wrote: »
    the false pdt evidence was interesting, but for another time.



    pdt???........
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    pdt???........

    Pay and Display Terminal.

    They sent print-outs of all the reg. numbers of vehicles where payment was made at around that time, but there are issues with how accurate that report was, or indeed whether it actually related to that car park at all.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    Blogged by the Prankster. Apologies for the length, I'm not known for writing concise court reports.

    http://parking-prankster.blogspot.co.uk/2017/12/excel-lose-parking-case-against-company.html?m=1
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    It had also submitted false evidence in order to mislead the court.

    Judge Wright disagreed that this crossed the threshold of unreasonable behaviour our and awarded costs only for travel and parking.



    So, if lying to the court is considered reasonable, then truly the law is an !!!.









    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 15 December 2017 at 12:08PM
    Lamilad wrote: »
    Blogged by the Prankster. Apologies for the length, I'm not known for writing concise court reports.

    http://parking-prankster.blogspot.co.uk/2017/12/excel-lose-parking-case-against-company.html?m=1

    Well done to everyone involved to zap Excel again

    I think we are all amazed at the sheer incompetence
    of Excel ... BWLegal and Mr Pickup

    At least this particular court are fed up with their rubbish

    "Judge Wright gave Mr P a lengthy ‘talking to’ about Excel’s woeful particulars saying they did not comply with CPR part 7 or the accompanying practice direction. She said she sees this all the time and all the judges at Skipton are fed up with it."
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