Help and guidance please

Capt_Mainwaring

God, that was tough. Luckily, the Judge ruled in my favour.

I'll be back on the forum later to give a full debrief. For now, I'm going to spend some much overdue time with my kids.

Le_Kirk

Well done, enjoy your downtime - seems like you earned it.

beamerguy

Capt_Mainwaring wrote: »

God, that was tough. Luckily, the Judge ruled in my favour.

I'll be back on the forum later to give a full debrief. For now, I'm going to spend some much overdue time with my kids.

Well done. Who was the judge.

We can put the full report on here

https://forums.moneysavingexpert.com/showthread.php?t=5672664&highlight=bwlegal+the+list

The_Deep

I hope that, having had so much of your time wasted by these scammers, you will get your own back, complain to the SRA

http://www.sra.org.uk/home/home.page

If a low rent solicitor stepped over the line, even by a millemeter, and in the most robust terms to your MP. Have you watched this video

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

The more hurdles you set up for them to jump, the more it costs them.

Capt_Mainwaring

It was Judge Wright.

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.

I'd like to say a MASSIVE, MASSIVE thank you to all who have helped me on this forum. The sheer amount of time you give to help others achieve results like this is mind blowing. I will forever be in your debt for this. You guys deserve to be mentioned in the Queens honours list, you really do.

I'd love to join your merry bunch of experts and help others but it really would be like asking a half decent pub quiz player to be an Egghead, so I'll leave you to it. Keep on keeping on!

Lamilad

Excellent report and a great result... Well done, Captain

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.

Judge Wright deals with cases in a very abrupt manner. She would have already known where this case was going to fail. She wants to get straight to the heart of the matter so it doesn't surprise me that she would bypass anything that doesn't help her do this.

Plus, as I alluded to before, if it isn't the law/binding/authoritative she isn't interested.

Despite your initial anxiety I seriously doubt you were ever in any danger of losing today.

Ernest Pickup, who I believe is based in Newark represented the Claimant

Ernest? Lol, where did you get that from? It's Thomas Pickup.

beamerguy

Well done, not only did Mr "Pick me Up" fail, so did BWLegal
and Excel, the very merry threesome.

Lamilad is right, this was a foregone conclusion but
the Judge has to be seen to be doing her job.

If the truth be known, Pickup also knew he was on a loser
but hey, unless he operates a "no win no fee" he was still
on an earner

And, don't you think that courts have an internal system
where everything is logged so any judge can read up ?
Of course they do ,,,,,,

Again, well done and it is now going on here

https://forums.moneysavingexpert.com/showthread.php?t=5672664&highlight=bwlegal+the+lis%20%20t

Umkomaas

Super result Captain, and well done on your resilience and fortitude in sticking this out to conclusion, when stumping up £100 might have often seemed like a quick way of getting this crap out of your life.

Thank you for adding another nail to the PPC coffin to help in the fight that regulars here continue with each day.

I'd love to join your merry bunch of experts and help others but it really would be like asking a half decent pub quiz player to be an Egghead, so I'll leave you to it. Keep on keeping on!

Don't underestimate the experience you have gained in going through this. There are very few regulars who will have gone through the full whack you've experienced.

I've never had a parking ticket, nor NtK, nor written a POPLA appeal, nor had a debt collector letter, nor a LBC, nor received court papers, nor developed a defence, nor completed a Directions Questionnaire, nor written a Witness Statement, nor written a Skeleton Argument, nor appeared in court, nor beaten hands down a PPC and their legal representative.

Who's the Egghead?

Thorsson

Lamilad wrote: »

Ernest? Lol, where did you get that from? It's Thomas Pickup.

Ernest Pickup was an American commercial artist and printmaker, specialising in woodcuts. I guess it's a subconscious slip of a half-remembered name.

Thorsson

BTW Captain, having appeared as an expert witness in an arbitration and been examined by a "silk" (which I'm certain is not as stressful as representing yourself before a Judge) I can readily understand why you forgot Lamilad's words. I felt like was a blabbering idiot and I forgot things I wanted to say too; I'm not sure anything can prepare you for the first experience of this.