Bradford County Court on 14th Oct 2016. C8DP67P5 Excel Parking v Mr TS
Todays Match of the Day Kicked off at Bradford County Court. Mr TS was representing himself. BW Legal were playing a late substitute, Ms Kauser. DDJ Philpson was refereeing.
Mr TS received a PCN for Cavendish Retail Park and, after the usual letters from BW Legal, headed for Bradford County Court.
Mr TS was not the driver. Mr TS had prepared his defence himself and was well prepared for the Elliott v Loake shenanigans BW Legal would try.
The game kicked off and, from the start, the solicitor appointed for BW Legal appeared to be struggling for fitness and was possibly a late substitute as she appeared to be unfamiliar with the case notes, but she gamely played on.
First attack was the usual PoFA compliance issues with Excel’s Notice to Keeper, which saw the Claimant’s solicitor concede the point and a goal. Motorist 1 – Elliott v Loake 0
Next up was Elliott v Loake. The claimant’s solicitor took a swipe at “reasonable assumption” stating Elliott v Loake established this principal, but Mr TS stole the ball and headed for goal, pointing out it was completely irrelevant as it was a criminal case that had nothing to do with parking and that the verdict had turned on what Griffith LJ said was “ample evidence”. The Claimant had provided no evidence at all to establish the keeper was the driver.
The ref agreed and awarded a goal, informing Mr TS that EvL had been distinguished from the current case. Motorist 2 – Elliott v Loake 0.
On the restart, the claimant’s solicitor complained that the defendant knew who the driver was but refused to reveal who it was to them. But, by now, Mr TS was playing a blinder. He robbed her near the halfway line, pointing out there was no legal obligation to name the driver and, even if he did know who the driver was, why would he hand over their personal details to be harassed in the manner he had to a private company?
The ref agreed and awarded another goal. Motorist 3 – Elliott v Loake 0.
Deep into injury time, the ref then looked at the Claimant’s solicitor and asked “Anything else?” By now the situation was dire for the Claimant and, in a last throw of the dice claimed a pitch invasion had occurred and asked the ref for an adjournment. But he was having none of it, telling the solicitor that they had plenty time to prepare their case, they were not changing their witness statement now, and awarded the game to MrTS with costs of £110. BWLegal were as sick as a parrot.
Final score: Motorist 3 – Elliott v Loake 0
The Parking Prankster