Excel v Moyle 02/12/16
Just thought I'd let you know how I beat BW Legal yesterday.
I was in the court waiting area when this BW Legal chap started talking to me, asking "Had I sent my court file to them?", "Did I have any other evidence?" e.t.c. He had nothing! I thought 'what a joke', so I asked him if he was actually a solicitor, and he then proceeded to act in a flustered manner and didn't actually answer me...so I informed him that all my paperwork had been sent to BW Legal via recorded delivery and had been received and signed for; it had clearly not been passed on to him! And yes, I did have some additional evidence.
The guy came across as an imbecile.....!
In the courtroom, the Judge was not impressed that his court pack had arrived two days late; my pack was also received two days late. BW's guy went through his patter blah, blah - I then delivered my killer extra written statement to the Judge...I claimed that I had left the car park within the fifteen minute grace period, and returned half an hour later (it's the Peel Centre Stockport, where I clean windows). Mr BW Legal protested, so I therefore produced all my signed work dockets. He went into a flap and was lost for words...I was reprimanded by the judge for not including this extra evidence in my court pack, whereas I replied that I was very sorry, but these people do not play fair.
I did have a strong case anyway i.e. the usual stuff - the pants signage. Anyway, the judge summed up that because his papers were late, if she permitted the case to continue, she would have to accept my new evidence, so she then dismissed the case. I personally thought that she was amused, as after her decision, she made light of the subject.
Great result after only half an hour! BW guy looked visibly deflated.
The Prankster does not recommend trying to ambush the other side. This can go horribly wrong and a cast iron defence can vanish at the whim of the judge.
The Prankster has seen many hearings where parking company representatives forget vital evidence and get the case adjourned, but not many when a judge will adjourn on behalf of a motorist. This may not be fair, but this is the reality.
If the other side asks for an adjournment due to their error The Prankster suggests that the motorist asks the judge not to do this on the grounds of proportionality. The claim is for £100 yet the other side is using a solicitor at a cost of around £200. It does not make sense financially to adjourn the case as the other side will incur another £200 in the next hearing.
Additionally the other side have professional representation against an unrepresented defendant and therefore ought to know full well what will be expected evidence in a parking claim.
Lastly, if the claim is adjourned ask for a wasted costs order and your full costs for the day. Point out that the other side are quite happy to spend large amounts of money on the claim which bears no relation to the amount at stake.
Take a wage slip to prove your salary. If you had to take leave this is an allowable cost under 27.14.2.e.
27.14.2(e) a sum not exceeding the amount specified in Practice Direction 27 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing
The Parking Prankster