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  1. Hello All When the case concluded, the advocate from Elms appointed via DCB etc.. got my bank details to get BP to transfer the money into my account , thats the awarded costs. Given that everything is now electronic, shouldn't I have received my £45 costs by now ? either 1. the advocate hasnt passed on the info 2. he has but BP is ignoring it 3. im rushing lol lets assume they procastinate and dont bother, what do I do next ? Who do i email/write to? Thanks
  2. Thankyou everyone. I was looking at Daves link in post #137 re right of audience https://parking-prankster.blogspot.com/search?q=right+of+audience It really does still concern me that when i read the link on parking prankster, DJ Dignon examined whether there was a chain of conduct from BW legal to elms legal and then to Ms Jackson the advocate Elms has not had conduct of the matter, and has essentially simply acted as a conduit between BW Legal and Ms Jackson. It has not added further instructions, not added any further evidence, indeed, it has acted as a pipe. Elm's instructions to Ms Jackson are those of BW Legal - go to the hearing, and conduct it this way. As a result Ms Jackson claims she is instructed by and involved in the conduct of litigation as staff of Elms Legal. But is this the case Today, at my hearing , BP obviously had DCB legal as their representative who must have instructed Elms legal to get an independent advocate. The advocate was this young man and this is his testimony on ELMS legal site “I applied to work with ELMS as I wanted to continue to develop the skills I had gained from the BPTC and gain real court experience. Working with ELMS has provided the opportunity to conduct court cases every day, with a busy and diverse caseload. The staff at ELMS are incredibly knowledgeable and supportive, and deal with case queries in a professional and friendly manner. They provide competitive rates of remuneration and always pay on time. For anyone applying for a role with ELMS, I cannot recommend them enough.” – Lewis Jukes, LLM BPTC So Lewis Jukes turned up to represent BP today in my case I just challenged the Right of audience The Judge just didnt come across as very familiar with all of this. She had to open he law book and within 5 minutes said I am satisfied he has the right of audience and allowed him to proceed. He started coming up with names of this and that person in Elms legal who kind of 'supervises him, and he was looking at his laptop whilst doing all that. No body knows whether he was telling any truths or not, but the judge just accepted the names of his 'so called' supervisors at face value and allowed him to proceed. Point I am making is again it a total lottery. One judge may allow an advocate and another may night even if the two advocates are more or less identical in their qualifications/regulatory bodies/supervision. In conclusion, although I am extremely happy and won today, I had, my hand up and say that the judge really wasn't very sharp neither on the issues of right of audience, nor of the issues of whether the contract between BP and the landowner gave them the right to commence court proceedings ( despite me pointing it out clearly to her based on the copy of the contract that BP had produced). She also was totally oblivious o the fact the unreadable fonts and hidden charges on signages invalidate the contract. Oblivious that the welcome sign on exhibit 2 of the WS of the claimant was an invitation to treat. Had the Claimant provided with one phot of the Blue Car park showing 3 signages in the same car park in the phot ( to accept the claimants statement that there are more than one signages in the car park, and therefore ample- I must say that, this is true because on my recent visit 2 months ago to the blue car park, I agree there are at least 10 signages in that blue car park all all with the same 4 hr stay limit) , and had they just enhanced the heading of one of the signs in the Blue car park here there such that the 4 hr overstay limit was readable, then she would have accepted their claim that there was sufficient signage throughout. In other words, none of the talk about the charges being hidden in small print seemed to be relevant in her view. That really did worry me That's why when he came to announce or make her summary, i was convinced I was liable. Lessons: 1. Please Please pay attention to the signages when going onto any private land. Dont deliberately ignore them limits. However, if you unintentionally ignore or forget to check the signage and are not aware of the time limit ( this was my case. I just had forgotten to read the signages and pay attention - Its not that I had read the signs at the time limits and Deliberately ignored them because I knew at some point in the future I will definitely win in court- that attitude of deliberately ignoring them because one feels that they will win in court is just not worth it). So please read signages and try to abide by them to avoid of the subsequent headache. 2. Please do appeal it if you get the ticket. dont ignore that stage and subsequent stages for it to reach LBC and so on. I did fault in this step and one reason was because I just wasn't sure if I could write a convincing appeal which would have been rejected anyhow, because that what these parking companies do. However, in retrospect maybe i still should have or even gone to the retails stores and asked them to cancel the ticket. these still all worth it 3.Iif you ever do reach the court stage, then if you will file a defence then better to seek advice from a site like this ( which I found BRILLIANT) and I will be donating my costs awarded to it in due course). Do your research but do not and I emphasise DO NOT trust companies like Private Parking Appeals. Unfortunately, I trusted them paid them £20 for the initial Defence , which was , in truth , more or less a template defence they use for everyone. The Judge today had had a look at it and commented that I had thrown the kitchen sink ( she wasn't impressed that much). However, my subsequent WS was much much better organized, written by myself with the help of the CAG here. In fact, I remember that when I contacted private parking appeals for help, they had asked me for a letter of authority ( LOA). However, i think they just must have binned it because all the correspondence kept coming to me, despite the LOA stating that all correspondence should be served to the registered address of Private Parking Appeals. this private company then stopped replying to my emails. It had two members and a generic email. All the emails were being returned undelivered. I then realised what an awful trust pilot review they had. Also, there site was no longer reachable. It now appears that their site is active again but the logos everything has completely changed. On trust pilot Im still surprised that there are reviews for people in feb 2021 stating how they paid this company £20 and nothing happened. Have a look for yourself. Not sure whether they have resurfaced with the same directors mangers e..etc.. Not sure why they were unobtainable almost a year ago. Not sure if there has been any crowdfunding to challenge the service they provide. 4. If there is a hearing, then if you really know the legal side of things then great. If not, either a decent reliable Lay representative who knows the area very well is worth it. If you dont have that and go by yourself, despite having done the homework, be prepared for any outcome because in my experience it is a total lottery. Frankly I was more disappointed with the judge, who still dismissed the case only because the claimant hadn't provided a few extra signs. Why I say that Im disappointed by the Judge today than the fleecers. That's because we as public put our full trust in people who are meant to listen to us and uphold REAL justice to keep away Fleecers like these parking companies. Despite Beavis etc.. I sadly must say that nothing robust has been done by lawmaker to stop them ripping off the public by their inflated charges because neither the politicians or those sitting in the courts of justice and upholding it, can seem the clear light that they are a bunch of crooks ripping the public. I was just reflecting on my whole 'journey' with this single parking ticket that was issues in June 2019 and concluded today. had I just paid more attention to he signs I would not have had to go through this. I know I won, but the stress just wasnt worth it. I think that CAG are fantastic fabulous. For such people to give up so much their time and help people like myself and others who need advice is just amazing and I couldn't thank them enough for how much they have helped me Big Big Thankyou Caggers esp DTM Dave, DX 100, lookingforinfo, whom more or less were like virtual ( legal ) advisors to me following every post I make and replying to it in a speedy an diligent way
  3. Thankyou xxx once i receive the money in the account please ket me know hot to donate it to the site its very interesting how different judges dont even pay any attention to any citation of previous cases or reliance on any piece of legistlation is rather shocking
  4. 1. Judge was convinced he had right of audience. Though he said he was independent advocate but somehow someone in Elms oversees him though didnt sound convincing 2. Judge rejected my objectedion to their suplemtn WS. She said you had from Mid Feb till now to challneg it, so she allwoed it 1. Signage she didnt dismiss it at all based on the signage being small font etc... etc... Only reason was that the claimant had included too many signages as a bundle, and the only signage that they had presented that was actually taken in the car park was too hard to read if it was a 4 hr limit type or not. Also in their exhibits they had included only one of of real 4 hr signage in the blue car part . If the photo had shown several 4 hr limit signs in the blue park showing the 4 hrs, she would have probably allowed it, onyl the principle of ' ample signages'. Bottom line she dismissed it only because the claimant had produced one photo with the relevant signage in place but she could not read on the heading whether it was one of the 4 hr overstay signages Even saying that the welcome to the merry hill was an incitation to treat not offer of contract, seemed unimpressed to her. 2. Time in and out she dismissed it by saying the defendant had not proved really that defendant was there for whole period and that defended had referred to the Land without being clear what the the definition of the land in question was . 3. Even after pointing out that their contract with the landowner only allowed them as far as debt collection and not court proceedings ,she did not really cite that as a reason that they had no locus standi Essentially the claimant went through every band and she did not grill him etc.. and happily just moved along even to their NTK etc and accepted all the stuff about it being complaint. She did say to me that your initial defence had thrown the kitchen sink and I dont think that was something she was seeking. So the kitchen sink approach tackling every point doesn't seem to go too well. I wasnt able to say 1/100 of what I had prepared as most the time she was having this pleasant exchanges with the claimant nicely working thru his bands... Did not even allow to to explain that the claimant in fact where the robo claims, etc... Could have gone either way very very easily Bottom line also, i think it is a total lottery and can easily go in any direction.
  5. Great news !! Claim dismissed Thankyou to evreyone so much I will contribute the costs as a donation ( 1/2 days was awarded) But must say it was so close and could have gone easily their way U wont belive it but been up all night not slept at all
  6. as an independent advocate does he have a right to audience? he asked me if i thought both signages were wrong on page20 or one I said sorry I cant discuss
  7. he is confirming things with me like is this the signage that you said was not belonging to the site he is just checking things withme he seems uncertain
  8. He says he is independent advocate then said he has been inserted by Elms? so is he independent or works for Elms he says he is self employed
  9. He just says he wasnt even aware there was an order for a hearing He thought is was a tel hearing H e says he has been to law school etc..
  10. claimant turned up Lewis Jukes independent advocate by elms legal come from wales satred asking me about defence and whether this from internet we are awaitng to go in
  11. Hello Im in the waiting area of the court my hearing is the only one happing on site all others are online Havent seen the claimant yet but Im stuck in a seminar room on my own and they may be here but kept apart
  12. Thanks Dave Reda through itand is much clearer now Just another Q please Does that mean if BP director doesnt turn up, and neither someone from DCB legal ( their legal representatives), but a local cheaper solicitor/legal rep turns up, they have no right of audience because they are not from DCB legal? Are you implying that the legal rep MUST be from DCB legal, otherwise they have no right of audience? Or are you implying that its ok to get a local solicitor who isnt from DCB legal, but they have no right of audience because they are not familiar with the case. In essence what im asking is if the local rep is legally or Paralegally qualified, on what basis cant they haev the right of audience. Ive read through the blog but still not clear on what basis is the local guy, if legally trained or Paralegally trained, has no right of audioence?
  13. The Claimant also in his initial WS states that 'I do not intend to comment on the Letter of Claim, which for the avoidance of doubt was complaint with Pre-Action Protocol, because the Defendant did not respond to it. I respectfully submit that the Defendant should lose the right to raise complaints about a letter that they could have responded to with those concerns. Perhaps if the Defendant had done so, we would not be here now' My Q Why did the claimant not even show a copy of the ' Notice of Debt recovery letter' which normally follows the Reminder Notice? In their exhibits they have a copy of the NTK and a copy of the reminder. Why haven't they included anywhere in their WS or indexed bundle any of the ' Notice of debt recover letter ' by dcb legal and the 'Letter of Claim' following that, by dcb legal. Can I actually ask the judge to put them to strict proof where the extra £50 came from as they have no proof that they ever showed me where the extra £50 came from. All they have included is the NTK of £90, then the POC of £150 with no evidence ever that they added the £50 . ( I have copies of their debt recovery letter and LBC saying they have added the extra £50, but they havent submitted this to the court, so can i put them to strict proof for an invoice as to where it arose from?
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