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BW Legal / Premier Park Ltd - Court Claim

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Comments

  • Umkomaas
    Umkomaas Posts: 43,181 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I have not received a transcript and I am unable to find anything online.
    My argument is that the signage is not clear - Especially in darkness.  I am relying on elements of the BPA Code in relation to signage.
    I don't think there's a transcript (ie word for word recording of the trial), but here is the appeal judgment. 

    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: 150,673 Forumite
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    edited 13 March 2021 at 5:37PM
    Why not just search the forum for Crutchley and see this discussed and dealt with umpteen times before. 

    A stupid, clueless decision, as some appeal decisions are when made by Circuit Judges with no experience of PPC scams like the lower court Judges do.
    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
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    The VCS Ltd v Alfred Charles Crutchley [2017] is old and outdated and, will not serve much to assist BWLegal. 

    The latest case being 
    EXCEL v WILKINSON is up to date and very persuasive
  • Coupon-mad
    Coupon-mad Posts: 150,673 Forumite
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    edited 13 March 2021 at 7:59PM
    But unlike Excel v Wilkinson, Crutchley was on appeal and so it is persuasive (if a Judge is that stupid as to be persuaded by it...).  So it has more clout.
    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
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    But unlike Excel v Wilkinson, Crutchley was in appeal and so it is persuasive (if a Judge is that stupid as to be persuaded by it...).  So it has more clout.
    I suppose BWLegal are using it because their Salisbury appeal was a non runner, the famous damp squib ? which the majority of judges have heard about now
    Only time will tell if the Crutchley case will bear any fruit
  • Coupon-mad
    Coupon-mad Posts: 150,673 Forumite
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    edited 13 March 2021 at 8:00PM
    Crutchley is older and has been used a lot.  This is not a newer case and one Judge was heard to say, after reading it ''back in the real World''!
    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
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Crutchley is older and has been used a lot.  This is not a newer case and one Judge was heard to say, after reading it ''back in the real World''!
    It is the county court system that needs to get ''back in the real World''
  • Coupon-mad
    Coupon-mad Posts: 150,673 Forumite
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    Certain Circuit Judges need to, and to gen up on the court's duty to apply the CRA 2015 even if a D doesn't mention it.  
    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
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