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Bw legal portswood car park, southampton

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  • Umkomaas
    Umkomaas Posts: 43,427 Forumite
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    Just as an aside - is the OP going to fund the transcript? Given the cost of transcripts, I wonder whether he wants some financial help and maybe set up a 'Go Fund Me' page?

    I'd be more than happy to throw in some Rands? :)
    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
  • Coupon-mad
    Coupon-mad Posts: 152,673 Forumite
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    edited 7 August 2020 at 3:04PM
    Thanks Umkomaas, I have seen other offers of money to contribute towards a transcript as well so rest assured we will get one.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • RobinofLoxley
    RobinofLoxley Posts: 297 Forumite
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    edited 12 November 2019 at 11:34PM
    Well done all and hats off to Coupon Mad for taking the trouble to travel to Southampton. BW Legal sent out their 'big guns' and you sent them packing :T

    I bet you felt you were winning as soon as Mr. M tried to get you to agree to an adjournment, he was on the back foot straight away. They don't like it up em Mr. Mainwaring :rotfl:
    I missed a beat a little in trying to directly ask the other side what exactly the £60 was for, and how the whole £160 was constructed? DJ Grand corrected me to address the court/him, and not Mr Mainwaring, so I had to change it to observing that the Claimant's skeleton had one single line buried in the middle, that suggested that the £60 was being argued as this:

    ''40. It is thus submitted that there is nothing in principle abusive about the £60 which the Claimant seeks to recover in respect of the additional administrative costs which were incurred before each matter was handed over to the Claimant’s solicitors.''

    It's a shame you didn't get chance to push him on the £60 and what Britannia actually spent it on. The only 'additional administrative costs' that could possibly be incurred before the matter was handed to solicitors would be to debt recovery companies. As we know if solicitors are involved and a claim is begun it means the debt recovery company has failed to recover the alleged 'debt' and there is no charge by them to the PPC.

    It would have been good to see Mr. Mainwaring squirm in his chair when trying to account for the £60 costs and show exactly how they were incurred and provide proof.
  • MistyZ
    MistyZ Posts: 1,820 Forumite
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    edited 12 November 2019 at 11:44PM
    Ken Loach's next film .... a bit niche but not as niche as all that given the numbers involved and the impact ranging from a spot of bother to misery & fear.

    What d'ya reckon Ken??
  • Brilliant result, congrats to all involved.

    I fear this won’t be the end of the matter as there is so much cash involved.

    It would seem quite simple for the scammers to justify the £60 debt recovery charge - not that I’m going to help them here.
  • Coupon-mad
    Coupon-mad Posts: 152,673 Forumite
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    edited 7 August 2020 at 3:04PM
    Personally, because their case is so flawed, I am not worried if they do appeal.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Coupon-mad wrote: »
    Personally, because their case is so flawed, I am not worried if they do appeal...a pain for the Defendants to attend another appeal and keep being dragged around at the whim of BW Legal/Britannia, but if that's what it takes, we'd then get a persuasive judgment.

    If they appeal would it be to the Circuit Judge that has already looked at the case when BW Legal wanted it heard on papers?

    Nolite te bast--des carborundorum.
  • bargepole
    bargepole Posts: 3,237 Forumite
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    ...It's a shame you didn't get chance to push him on the £60 and what Britannia actually spent it on. The only 'additional administrative costs' that could possibly be incurred before the matter was handed to solicitors would be to debt recovery companies. As we know if solicitors are involved and a claim is begun it means the debt recovery company has failed to recover the alleged 'debt' and there is no charge by them to the PPC.

    It would have been good to see Mr. Mainwaring squirm in his chair when trying to account for the £60 costs and show exactly how they were incurred and provide proof.

    The barrister was there as an advocate, not as a witness. As such, he cannot be questioned on facts of which he has no first-hand knowledge, he can only make legal arguments based on the instructions he has been given.

    This is why PPCs rarely send one of their own staff to such hearings, they don't want to have to answer awkward questions.

    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.
  • Brilliant stuff Coupon Mad - been following along for the Newcastle Airport cases and enjoyed reading your report well done.
  • Coupon-mad
    Coupon-mad Posts: 152,673 Forumite
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    edited 19 November 2019 at 1:46AM
    If they appeal would it be to the Circuit Judge that has already looked at the case when BW Legal wanted it heard on papers?
    It seems so. DJ Grand said something like this, as ParkingMad who was watching the case, made some notes:

    ''it was placed before a Circuit Judge - His Honour Iain Hughes QC - who is the designated civil judge for this area''.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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