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Court Report - High Wycombe - BW Legal Fail Again
Case no. H1DP9J6T – Parking and Property Management Ltd. -v- Mr C, before Deputy District Judge Lucas (in person).
Claimant represented by Solicitors’ Agent (Ashley Taylors Legal)
This was the same Defendant who a colleague of mine successfully represented at Milton Keynes on 11 May. It was another claim for failing to display a permit in his residential space, 4 x PCNs totalling over £800.
The D had been very late filing his WS, and the C’s advocate didn’t have a copy, although the Judge did. Similarly, the C’s WS posted by BW Legal, had been returned undelivered, so we didn’t have a copy of that, either.
The Judge’s initial reaction was to consider adjourning the case, as neither party had seen the other’s WS. However, I pointed out that, in the C’s own evidence, they relied upon a landowner authority document which specified a list of postcodes where they were authorised to enforce parking at Wolverton Park. This list did not include the D’s postcode.
The C’s rep pointed out a letter sent to residents, some 6 months after these PCNs had been issued, confirming that his postcode should have been included in the contract, and attempting to backdate it. The DDJ was having none of that, saying that you cannot backdate a contract in that way.
So, claim dismissed, and £122 awarded to Mr C for his loss of earnings, and travel costs.
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.
Comments
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Good Result @bargepole it shouldnt surprise me that a lot of these solicitors have no legal qualifications at all.
I find PPM one of the more obnoxious parking firms
Good result on gaining costs.5
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