Bw Legal win in court today 31/01/2020

NRS1973

Hi all

Just wanted to let every one know that I attended court today for a PCN notice that I received for parking in my own space. I had used the forum to draft my defence, witness statement and so on. I have also used the forum's help for a previous PCN, in the same space, under the same circumstances, which the court threw out, so I didn't want to waste everyone's time again. The judge said they were not interested in hearing about other cases.

However, today BW Legal sent a Barrister to Leicester Court and the judge awarded them £200.87. The judge agreed with them on the grounds that the contract that they had with the Management Company was valid. Even though the contract makes no mention of displaying the permit. And that the lease stated that the Management Company were entitled to engage with 3rd parties; that leaseholders/tenants should abide by their decision. I argued that I was the keeper of the car, not the driver, and the property owner and my lease makes no mention of the display of a permit. It fell on deaf ears. I successfully argued the £60.00 charge which the Barrister couldn't defend. I explained that BW Legal are abusing the process and supplied evidence, to be told by the judge that they were not going to take these into account when reaching a decision.

The judge also said I could not appeal unless I wanted to file a fee and ask for it to be heard by a Circuit Judge. As you can appreciate, I am gobsmacked and livid!

I will upload my paperwork, once I have had a chance to redact it. I just wanted others to be aware. It all depends on who is sitting on the other side of the desk. I genuinely can't believe it.

beamerguy

Bad news. But did BWL really send a barrister as the costs to them would be very high, suspect it was a "rent a man for an hour"

The judge clearly was not up to speed and that is the way of our county court system at the moment

But he did deduct the fake £60 that the rep could not answer

Rest assured that BWL lost today as the £200 would not even cover their costs

£100 parking ticket
£25 court fee
£50 legal fee

Even if they pay the PPC £100, the balance is peanuts

The_Deep

Personally, I would appeal. These companies have no place in residential car parks.

waamo

Judge lottery unfortunately. It sounds like you had a strong case but sadly that's the way it goes on some occasions. One side effect of Beavis is that some judges believe all parking companies are legitimate and act honestly.

The_Deep

One side effect of Beavis is that some judges believe all parking companies are legitimate and act honestly.


In which case they must be disabused, all perverse decisions which have been properly defended should be appealed.

The_Slithy_Tove

The_Deep wrote: »

In which case they must be disabused, all perverse decisions which have been properly defended should be appealed.

Easy to say when it's not your money at stake in a kind-of double(or-more)-or-quits situation. It's down to the OP to decide whether it's worth the gamble.

BrownTrout

Yes lots of people offer advice from afar but dont back it up with cash

Coupon-mad

The judge also said I could not appeal unless I wanted to file a fee and ask for it to be heard by a Circuit Judge.

People have done that - costs £120 and you can ask the court for the right form. Might be worth considering, especially if you are a leasehold owner.

After all, Miss Jopson did, She lost her case first, hence the appeal:

https://www.parkingcowboys.co.uk/wp-content/uploads/2016/12/JOPSON-V-HOMEGUARD-2906J-Approved.pdf

https://www.miltonkeynes.co.uk/news/milton-keynes-woman-secures-landmark-victory-flat-tenants-parking-dispute-873057

There is other case law to support your case - Saeed v Plustrade, etc.

https://www.cms-lawnow.com/ealerts/2001/01/interference-with-parking-rights?cc_lang=en

Dr Saeed successfully claimed that the right to park contained in her lease was in the nature of an easement.

Although the landlord was entitled under the lease to change the location of the parking places, there was nothing in the lease that empowered the landlord to extinguish the right to park. As the right was in the nature of an easement it would be exceptional to hold, in the absence of express wording, that the right was determinable at the will of the landlord.

today BW Legal sent a Barrister

Was it Henry Mainwaring, who I beat at Southampton and who has been up against bargepole before now, with mixed success?

bargepole

An application for leave to appeal must be filed with the Court, on form N164, within 21 days of the original hearing, and the £120 fee paid.

A Circuit Judge will consider the application on the papers, and if leave is granted, you will then need to file your skeleton argument, and a transcript of the Approved Judgment, which will cost around £50 - form EX107 for that.

The appeal hearing is then listed before the Circuit Judge, addressed as 'Your Honour', and you can represent yourself, or instruct a solicitor or barrister. A Lay Representative does not have rights of audience.

If you lose, you may also be required to pay additional costs to the other side.

You cannot appeal just because you didn't like the original Judge's decision - you have to be able to establish that the Judge made an error in law, or made an error in a finding of fact that he should not have made on the evidence before him.

So in the big casino that is small claims, you will be raising the stakes and going 'all in' by taking this step - not for the faint hearted.

henrik777

It would still be subject to the small claims costs rules though.

https://www.bailii.org/ew/cases/EWCA/Civ/2014/943.html

The_Deep

The_Slithy_Tove wrote: »

Easy to say when it's not your money at stake in a kind-of double(or-more)-or-quits situation. It's down to the OP to decide whether it's worth the gamble.

I very much doubt that the odds are that poor ST. If a judge has erred in law then another judge is very likely to put it right.