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Wi3347

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About Wi3347

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  1. Based on advice I've got from other sources I will be submitting a much more detailed defence as it appears the advice to submit a 2 line defence is proving fatal in some cases. As it was in my other thread. You may get a sympathetic judge who has had enough of these parking companies and is on your side. You may get what I had where the judge said what I submitted as my witnesses statement should of been in place of defence as the claimant had loads of time too pull apart the basic 2 line defence in so many ways that by the time we got to my WS the damage was already done
  2. thinking of putting in there that they are claiming for additional monies they are not entitled to and not explaining how they have arrived at that figure.
  3. the initial online defence im going to submit tomorrow is The whole claim is denied in its entirety for a number of reasons which will be expanded upon in my witness statement should this claim be allocated to the small claims track. 1. The defendant was not the driver of the vehicle on the date of the contravention. 2. The claimant is required under schedule 4 of the Protection of freedoms act 2012, to adhere to a number of strict requirements set out within that act in order to transfer liability to the registered keeper and has failed to do so, therefore the defendant is not l
  4. Im receiving mixed advice around appeal. Will update when i make a decision. I think its shocking the judge allowed the advocate to speak when i made it so blatantly clear that she has no rights of audience and the fact he missed the whole line of my WS where i denied being the driver. absolutely shocking.
  5. I'm not sure tbh. I could ring the court and find out? I have emailed the BMPA help desk. Will update when I get a response
  6. Everything that was in my bundle was submitted to the courts and to BW in time. The judge had it in front of him he just refused to give them any attention as "findings in other cases are not binding upon me" was what he said. my original 2 line defence stated i was not offered a contract so there is no breach of contract for me to answer. which i believe fulfils CPR 16.5.3 and in any case 16.5.4 is applicable as it clearly states when the claim is for money the defendant requires it to be proved. how the judge said that was not a valid defence and im still taken to admit i r
  7. no one else was present from excel or BW, the person that showed up was from another law firm that is a member of the CILEx. I took with me a direct quote from the CILEx website that states clearly "members do not have any extra rights and have to be under the supervision of a solicitor" the judge had no interest in this. glossed over it. I also took with me a stated case Ellis V Larson where the judge said "being instructed by is not the same as under the supervision of and as the other person did not attend for their WS to be cross examined the judge said rights of a
  8. for defence at this stage im going for: 1. The defendant was not the driver of the vehicle on the date of the contravention. 2. The claimant is required under schedule 4 of the Protection of freedoms act 2012, to adhere to a number of strict requirements set out within that act in order to transfer liability to the registered keeper and has failed to do so, therefore the defendant is not liable in this matter as he was not the driver of the vehicle. I dont think there is any point mentioning that a contract was never offered because the signs are prohibitive (permit holders only)
  9. I only have 11 days left before an appeal has to be in so i cant wait too long. Yes he did. He seemed a bit insulted someone from outside the legal world had come into his court and questioned the credentials of someone. When he asked her to respond to my challenge she stated she had been a practising paralegal for 10 years and presented many cases in court including Swansea courts. I think the judge thought it he doesnt allow her to speak then serious questions need to be asked as this woman has presented cases in his own court many times when she wasnt allowed to.
  10. can someone give me some advice of how to appeal please? ive looked everywhere on line and it says appeal in writing but doesnt say where to or if there is a certain form i have to fill in or if i just write a letter in? Thanks
  11. I got that feeling from the outset but I was surprised he was so blatantly against me and wasn't even willing to look at the stated cases let alone take them into consideration. Then the fact he had a go at me for not denying I was the driver when that was something HE missed in my statement. Any advice for an appeal? And what's your opinion of chances of success? I know it's down to the judge on the day but just gut feeling
  12. Not sure What do you mean by that? I'm going to appeal on the grounds that the judge made his decision based on the fact I didn't deny I was the driver in my statement because I did neny it in my witness statement clearly in point 2. How he missed that I don't know. But it appears to be bad advice to only submit a 2line defence as the attitude was "why didn't you say any of this before? Why are you only mentioning it now?"
  13. Was a total disaster at court today. The judge found for the claimant and I am going to appeal. I followed all the advice on here to the letter and almost all of it was deemed incorrect or irrelevant by the judge. I wore a suit, turned up on time, was polite to everyone. The representative from the claimant was a solicitors air from another law company instructed by BW legal. She was not a solicitor. She came over to me and said "lets have a little chat over here, didnt ask if i wanted to talk just tried to be sneaky about it . I asked her if she was a registered s
  14. I will look into this one more over the coming days but after the spanking i just had at court over submitting a 2 line defence i will be putting more for the defence of this. Such as deny i am the driver and quoting some CPR rules. The judge was not willing to accept anything in court that I had'nt mentioned in my defence at the first opportunity.
  15. Court in the morning and I'm feeling positive. I'm sure I have everything I need. In summary The case is pre pofa so that cannot be relied on It's for them to prove who was driving. They have zero proof. that should be enough in and of itself. They have provided a letter saying excel have permission to park at the site. But it doesn't have an address on. it is evidence of nothing because it doesn't state where excel can enforce parking. I have a stated case that the witness statement submitted by BW is not even evidence as it states the person wri
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