bwlegal and premier park exceeding maximum stay period

FAIR.DEAL

I have my court hearing tomorrow, any last minute advice please? I am very nervous 

Coupon-mad

Have a look at the hearing tips in the NEWBIES thread. 

Be ready half an hour early if it's a phone hearing (I assume y9ou gave the court your number).  Also be aware a lot of them start late.

If you win, don't forget at the end to ask the Judge BEFORE it all concludes and after he/she sums up the decision, for your costs, such as if you lost a day's leave (or half a day) for the case.

FAIR.DEAL

Isn't strange that client's bundle only included set aside order and matthew semark-jullien case?

FAIR.DEAL

POFA schedule 4 para 4(6)(6)
Nothing in this paragraph affects any other remedy the creditor may have against the keeper of the vehicle or any other person in respect of any unpaid parking charges (but this is not to be read as permitting double recovery). 
Please what does "other remedy" mean please

Coupon-mad

Well, let's say if while there, the driver caused damage the there would be a case to seek a remedy in damages, under tort rather than contract (but only from the driver).

There is no other law, no other remedy relating to keeper liability and Excel v Smith on appeal (Manchester court) confirmed that the LAW OF AGENCY does not apply to a keeper.  The Judge said it was 'improper' for the PPC to suggest as much.  There is no other remedy that holds keepers liable.

FAIR.DEAL

thank you coupon-mad, I don't know how the hearing went.  BWlegal rep and judge did most of the talking I told the just about parkingEye v Sommerfield. He said the his judgement will be sent in post with a date of hearing. I think the judge will decide to disallow £60 but allow the rest to be challenged in court.  He said something about a case reference G4Q2465V Excel parking services v wilkinson that was appealed to be the background of all PCN cases 

Snakes_Belly

FAIR.DEAL said:

thank you coupon-mad, I don't know how the hearing went.  BWlegal rep and judge did most of the talking I told the just about parkingEye v Sommerfield. He said the his judgement will be sent in post with a date of hearing. I think the judge will decide to disallow £60 but allow the rest to be challenged in court.  He said something about a case reference G4Q2465V Excel parking services v wilkinson that was appealed to be the background of all PCN cases 

So was this just a directions hearing?

FAIR.DEAL

It was striking out set a side phone hearing

Uptown_Boy

I guess you mean it was a set aside hearing to strike out the original judgment (remove a CCJ) and reset the clock back to the start. You wouldn't want the judge to strike out your set aside.  

Did you get your set aside costs awarded ... or at least reserved?

FAIR.DEAL

I haven't slept last night and all these terminologies are kinda new to me.  my case was striked out due to abuse of process, then BWlegal applied to set aside that order in the effect of Semark-Jullien case