New kids on the block BW Legal have finally filed a parking claim after months of speculation on the parking forums whether they were just debt collectors. or whether they would actually file a claim.
This post on pepipoo states they have filed a claim on behalf of Excel Parking. (The Prankster is aware of more claims also filed in this batch). Somehow the parking charge of £100 has been artificially inflated to £245.
They have picked a fairly interesting case to start with, which in The Prankster's opinion shows their unsuitability for the job. In this particular case, the keeper is not the driver and therefore BW Legal will have to rely on keeper liability. However, Excel Parking, by their own admission, do not serve Notices to Keeper which are compliant with the Protection of Freedom's Act 2012. BW Legal are fully aware of this, because they have been informed by The Prankster.
Regardness of the correctness of the notice, keeper liability would not apply in any case because Excel Parking have been informed of the name and address of the driver before proceedings started.
BW Legal are therefore early contenders for The Prankster's "Most Incompetent Solicitors of The Year" annual award. This is not a done deal - they will have a long way to go to match Gladstones Solicitors. As well as filing incorrect information in witness statements, Gladstones have also filed claims against keepers in cases where keeper liability did not apply and where the keeper was not the driver. Gladstones are therefore in The Prankster's opinion, still currently the most incompetent solicitor firm currently handling parking related cases. This is slightly worrying, as the directors of Gladstones are also the directors of the IPC (Intentionally Perverse Corporation**), and therefore their incorrect interpretation of the law financially affects millions of motorists.
The case filed by BW Legal concerns the Peel Centre. This is one of the most complained about car parks in The Prankster's postbag, which in The Prankster's opinion is because it is one of the worst signed car parks in the country. A motorist could for instance drive in and park by KFC without ever passing a readable parking sign. So many motorists complain of not seeing the signs that it is obvious something is badly wrong.
The diagram above shows most parking spaces are not within easily visible range of a parking sign.
Of course, just because a firm of solicitors is incompetent does not mean they will not win court cases - even Gladstones won one recently. The small claims process is something of a lottery so The Prankster suggests all defendants file robust defences.
The Parking Prankster
** This may not be the correct current acronym. The Prankster is unable to keep up with all the name changes