Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #61

    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    CPR 31.14 can only be used to request documents referred to within the claimants particulars of claim.

    Andy

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  2. #62
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    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    Ok I'll take that out, can I still mention it but not under CPR 31.14 ?

    I need to get this WS done and sorted over the next 7 days.


  3. #63

    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
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  4. #64
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    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    Thanks I'll take a look.

    Received BWL WS today, they have now corrected the mistakes make in the defence . Also quoting CPS v AJH and Elliot v Loacke !!! I realise from waht I've read not applicable.


  5. #65

    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    you need to take copies of cases where those cases have been cited and then copiously spat out. Gladdys always used to quote these and they are not relevant, the POFA overrides them anyways.


    The Parking Pranksters blogspot has a number of references, you copy them as reported there (screen shots will do) so the case ref and the precis are clear to see. No good just saying in the case of Bloggs v Widgets 1929, no judge is ever going to look it up!

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  6. #66
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    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    Hi,

    Ive just won a case regarding a PCN in this car park a few days ago
    - ive posted a bit about the judgement and how the judge came to those decisions on the thread i started
    - might be of some use for your case

    https://www.consumeractiongroup.co.u...-Park-Keighley


  7. #67

    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    there you go,
    another case that can be quoted as long as TDRW is happy in passing over the case ref number and court details.

    As it is now public record perhaps she would be kind enough to post it up as Excel v Mr W, whatever CC, date and ref no.
    The precis is alrerady here


  8. #68
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    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    Hi yes I will happily,
    just don't have the details to hand but will post them up when get five minutes when home.

    Wasn't sure whether you can get a written copy of the judgement or whether there is just a transcript of the tape recorded court session?


  9. #69

    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    Quote Originally Posted by TDRW333 View Post
    Hi,

    Ive just won a case regarding a PCN in this car park a few days ago
    - ive posted a bit about the judgement and how the judge came to those decisions on the thread i started
    - might be of some use for your case

    https://www.consumeractiongroup.co.u...-Park-Keighley
    Well technically you have not won as the claim was dismissed ...the claimant lost...you can only win a court claim if you are the claimant...the issuer of the claim....or Part 20 Claimant (Counter Claim)

    Lower courts decisions can not be used as precedents .....but well done TDRW for fighting your claim and getting it dismissed.

    Regards

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  10. #70
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    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    Righto Andy - i meant won as in successfully defended the case, as opposed to lost -to a lay person, its a win. You clearly have a lot of knowledge in this area which is massively helpful to people like me who don't, but please be aware that sometimes when experts make little posts like this - they can come across as a little pedantic and possibly put people off asking for your help!

    I'm sure you're right, but in the hours of research I did I have come across cases where the judges attitude clearly seems to have been influenced by other cases that they were unaware of until raised by defendants.


  11. #71

    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    Whilst I'm sure that Andy is technically correct. I'm with you TDRW. If the claimant hasn't won, it means the defendant has, however it was arrived at and whatever you want to call it. That's a win in my book, all day long

    We could use your help
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  12. #72

    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    Too right DragonFly.
    Any other member reading the thread with a potential Court case coming up will take heart from the fact that if you say the right things prior to the hearing the parking company may cut their losses and not turn up. That is a win.


  13. #73

    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    the reason you mention all of these aother cases where they dont set precednt is because judges dont actually like to set precedents themselves when there are other cases they can refer to.

    Judges have meetings at least once a year where they discuss various claims and try and be consistent in how they all deal with these matters and for that they use examples as being "persuasive" rather than case law, which is compeeling.

    can you imagine a judge listeneing to 6 parking cases brought in the same court by the same company and delivering different decisions based solely on a random person's oratory skills?
    No, they will try and allpy consistency even when they have make a boo boo in case 1 so they look for reasons to ignoreicon their own determinations because that firts case may well be persuasive as far as they are concerned.

    This was a common thing when the POFA was new and shiny because judges hadnt read it and we started to use it to beat the parking co's.

    Nowadays most judges will have come across dozens of parking claims but you still have to do the legwork because the courts system replaces trial by combat so you will get winners and losers by result and that menas showing the judge something, not just relying on the fact that they know the parking co are inveterate liars. you dont turn up to a sword fight without a sword!

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  14. #74
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    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    Hi, just picked up your message TDRW333. Hopefully I'll get the same judge and we can all go home happy. I'll message you if I need more info.


  15. #75
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    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    I'm just putting the paperwork together for the hearing and I've noticed the land leased to Excel according to the lease is not all the car park area that they claim to operate on. Its clearly outlined on the lease whats been leased but Excel have highlighted it all. Just wondering if
    TDRW333 noticed this ?


  16. #76

    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    Make sure you point that out to the Judge, especially if your vehicle was not parked on the bit that is leased to Excel


    Oh, and something else in case it hasn't already been mentioned elsewhere in the thread...

    Any debt collectionicon costs that they're trying to claim for should be dismissed from the claim. The POFA (make sure you take a copy) does not allow for any additional costs to be passed on to the keeper.

    We could use your help
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  17. #77
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    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    Quote Originally Posted by J English View Post
    I'm just putting the paperwork together for the hearing and I've noticed the land leased to Excel according to the lease is not all the car park area that they claim to operate on. Its clearly outlined on the lease whats been leased but Excel have highlighted it all. Just wondering if
    TDRW333 noticed this ?
    Hi J English,

    Are you referring to the map that they include in the copy of the supposed lease agreement? Is there any way you can post the document up so i can see?

    T


  18. #78
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    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    Quote Originally Posted by J English View Post
    I'm just putting the paperwork together for the hearing and I've noticed the land leased to Excel according to the lease is not all the car park area that they claim to operate on. Its clearly outlined on the lease whats been leased but Excel have highlighted it all. Just wondering if
    TDRW333 noticed this ?
    Have you received their witness statement yet?


  19. #79

    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    one multipage PDFicon file please not .zip as before
    read uploadicon.

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
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  20. #80
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    Default Re: Excel Parking/BW Legal Form N180 *** Discontinued ***

    Hi , just received a lettericon today from BWL . its a notice of Discontinuance. Its good news in a way but I'm not happy for the time everyone has wasted and the S..t from BWL and the rest over the last 6 yearsicon. Any way I can persue for damages loss of time false documentation etc. etc.


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