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Cutty Sark

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Cutty Sark last won the day on July 17 2017

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About Cutty Sark

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  1. Drat Token expired whatever that means. spent ages typing it all up too. To late tonight now. will do it in MS Word tomorrow then cut n paste it in. Feel the need to pass on what happened to anyone going through the same.
  2. Update 02.10.2017. Claim dismissed. Leave to appeal - permission refused. No costs requested. I will provide more details later this evening when I have more time. My comments may help others in a similar situation Many thanks to everyone for their assistance, it gave me the confidence to do this, so well done guys.
  3. Hi jcbkabs, Any chance you can supply the details of your win? My turn Monday. Cheers, Cutty Sark.
  4. Well done jcbkabs. As Ericsbrother said really, my case is on for 2nd Oct in the same court. As much detail as you can remember would help me out. I'd also like to know the name of the judge and how you applied for costs as I intend to do the same. I'm also going to raise the issue of the right of audience again as no doubt the bwl person will not be there and there are points in his witness statement that are just not true. Cutty Sark.
  5. Jcbkabs Best of luck for tomorrow. please let us know how you got on. Cutty Sark
  6. Hi Kaffee, My attempt at challenging the advocates right of audience did not go well as I was ill prepared. If you do a search on Google for 'rights of audience in car parking claims' you will come across the examples you need including: Excel v Hampson C0DP4W20 before DJ Dignan at Stockport. 20/02/2017 The parking pranksters site goes into it in some detail. My attempt was ruled out and the judge allowed the advocate representing BWLegal the right to audience. As for the claim against me: In my case, the judge wanted more time to consider my defense and resc
  7. Not really, the case is currently adjourned. Claimant has 14 days for legal submissions, then I get 14 days to reply. At least this time they don't seem able to send me their documents after the court's deadline and I get the chance to make propper defense before actually attending the hearing. I had doubts last time as I didnt know what to expect. This time they are allocating 3 hours instead of the original 1 hour.
  8. Rights of audience on the court day, is important! I screwed up there, but one thing is certain, their advocate wasn't expecting me to raise it as an issue. Check out parking pranksters web site for examples of a previous case where a successful challenge was made and an article referring to the issue in a legal trade magazine. Then instead of just taking these along, research the actual laws used in that successful case and take copies of those along to back you up and give you a lead. I will next time. When you get their WS pop their picture of the sign they claim was in situ up.
  9. EB Thank you. You are quite correct, I was ill prepared for the right of audience issue. It is definately worth raising though, had I done a propper job I might have been able to cut them off at the pass. Though I did take a copy of a law society article and a court report of a successful challenge, I didn't take copy of the relevant laws to refer to. I was also nervous as this was my first court appearance. Frankly, my performance sucked. I will be better prepared for round 2 as I now know what to expect. As ever, thanks for your valuable input.
  10. Update 12/07/2017 Case Postponed. Attended court today, 09.30 for 10.00 appointment. 09.45 Claimants representative arrived and asked if I wanted to meet briefly before the hearing. I said ‘no thanks’ 10.00 called into court. Judge asked me the identity of the two people I had brought along for moral support then introduced the case. I asked if this was the correct point in the proceedings to challenge the right of audience of the BWL rep. Judge asked me on what basis, so I said ‘as far as I could understand the rep had to be either an employee of Excel or BW
  11. Thank you EB I spotted the 2014 contract as well. Plus as per one of my previous posts ESS GEE holdings either didn't exist or didn't hold the land in 2011. I will have to recheck that. I been beavering away at this all day but I'm no computer expert. But I'm getting there (slowly). Eventually I have managed to get a redacted copy of their witness statement all into a single word document. At the moment I am downloading a trial version of Adobe to convert it to pdf for you guys to take a look. As soon as its done Ill post it up, trouble is I only have an old lap
  12. Good morning, Can anyone recommend a PDF redactor tool for me to use please so that I can upload the claimants WS?
  13. Sorry this is taking me a long time, Still learning how to drive my scanner Here are the pictures of the signage claimed to be in existance 2011 plus the current ones I took last week. They have supplied other photos of the site but when I compress them as suggested the file actually grows to 6.9 meg. These photos are of the other signs on display claimed Nov 2011, plus a map of where they are located. I could split them into two separate files if you want, that should bring them both down below 3 meg. I am still working on the rest of their WS. Do you want me to hide BWLEGALS r
  14. Update 05.07.2017. Received bwlegal witness statement and bundle through the post today. A day later than specified by the court. Had a quick read through and they still seem to be relying on Elliot v Loake and CPS v AJH films to make the keeper liable? Also mentions Parking Eye v Beavis to enforce their claim as being reasonable and Chaplair v Kumari about contractual entitlement Other things they provide are some very poor quality photographs of the car where you can only just make out the registration, photographs of The signage on the site from 2011? They also
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