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Tuesday, 18 July 2017

John Wilkie smeared during costs hearing in Indigo case

The Indigo matters continue - Who is Kristina Kealy, allegedly the General Manager of ZZPS

One of the witnesses produced, almost magically, at the UHW Cardiff case last week was a Kristina Kealy, apparently of ZZPS and working at may Court Links Business Centre, Old Woking road, Woking, Surrey, GU22 8BF.

On both the Claimant's and the Defendants' schedule, Ms (Oops, I should say Mrs) Kealy was listed as being called on Thursday, and as a result, at the start of the proceedings on Wednesday she wasn't present.

The defendants only found out that Kristina Kealy was a witness on 13 June 2017, and immediately scurried away to check her, and the other five witnesses Bona Fides. After all, readers of this blog will be fully aware of "Matt Murdoch/k" the blind superhero lawyer apparently working for MIL
Collections. However, as always, investigations were started on that basis that the witness is being honest.

What was discovered throws up more questions than answers. There are :-

* No publicly available Electoral Roll records for Mrs Kealy within 200 miles of Woking, or indeed within the United Kingdom.

* No publicly available Birth certificate for a person named Kristina Kealy within the last 65 years

* No publicly available Marriage Certificate in the UK between a Mr and Mrs Kealy, with the Bride's name being Kristina.

* No Linked-In information about Mrs Kealy at ZZPS, or indeed at any company in the UK

* No Facebook account in the name of Kristina Kealy in the UK

* No Credit Records for a Kristina Kealy in the UK

And for the record, both the spelling Kealy and Kealey were checked. The nearest Kristina Kealy found was a teacher in Kew York City.

Having got to the stage of ascertaining that, on the balance of probabilities, Mrs Kealy did not exist, work continued to investigate the company for whom she claims to work. Again, this investigation started on the basis that ZZPS Ltd are who they say they are, and background checks on the company were undertaken.

On 11 July, John Wilkie called ZZPS’s published phone number, and asked to speak to Kristina Kealy. He identified himself, and was told that there is no one working for ZZPS named Kealy. He asked as well, where at May Court he should deliver a legal document, such that it would be
served. He was told that he cannot serve a document at May Court and would have to deliver it to ZZPS’s registered office. This is in direct contradiction to a letter sent by ZZPS to Private Parking Appeals earlier this year, where they stated that correspondence needs to be sent to
their address in May Court.

However, prior to this call a visit had been paid to May Court. ZZPS is not listed as being based there; May Court apparently has two suites, and two businesses, Frobisher Capital and i-Corporate Risk Consultants. ZZPS is not located there, and indeed, with 16 staff as claimed by Mrs Kealy
in her cross-examination, there would not be enough space for the three companies in the two suites available at that site.

Contact was made with both Frobisher and I-Corporate. Neither firm has any association with ZZPS – no shared directors, they don’t handle mail. ZZPS appears, on the balance of probabilities, not to be based at May Court.

Another point as well – May Court is in Woking, which has an 01483 dialling area. Yet ZZPS has an 01932 telephone number – that’s for Weybridge, some 8 miles away. Long lines are not impossible, but have not been sold by BT since February 2008. With ZZPS only being formed in 2011
as Gary Osner’s Parachute for Roxburghe, and only starting trading in 2015, it is not feasible that this is what has occurred here.

Roxburghe, of course, was closed down when it lost its FCA consumer Credit Licence – one has to ask why ZZPS only pursues unregulated consumer debt, on the very edge of legality, though that is a question for another day and another place.

So, it appears that both Kristina Kealy and ZZPS have lied to the court about some material particulars  - the identity of a witness goes to their basic credibility.

There is worse. It has been widely reported that counsel in the hearing stated, and here I will quote Barry Beavis that "on the lunch break on day one JW and ZZPS witness, Kristina Kealy, were alone in the court room. JW is alleged to have said something about driving to their offices and
slashing all their tyres."

Now this is an interesting allegation. Its interesting for several reasons, the first being that John Wilkie is a well known and almost universally respected advocate. His company, Private Parking Appeals, is itself a BPA member, and Mr Wilkie also has good relationships with people like Mark Anfield and David Greenbank of Parking Eye, Mike Perkins of Combined Parking Solutions, James De Savery of Napier Parking, Derek Millard-Smith of JMW Solicitors, Paul Bohill of DCBL and of course Steve Clark and Andrew Pester of the BPA itself.

Additionally Mr Wilkie has now done a few parking cases - over 36 in total, and no-one has ever suggested that his conduct has been anything other than exemplary, indeed he has been allowed leave on more than one occasion to represent at appeal level and is regularly complimented about
the standard of his submissions and behaviour as a lay person. One District Judge remarked that he conducted himself “no less than I would have expected from Senior counsel”. Additionally, Counsel for Indigo made no objection to John Wilkie continuing to represent after judgment, nor, at the appeal did he object to Mr Wilkie making submissions; he indicated that even if the matter went to multi-track, he would not object to the Defendants being assisted by Mr Wilkie.

Now we come to the most interesting part of this reported allegation. The court heard from its first witness, John Hawkey of Indigo, up to about 12:20 on the Wednesday, and he was the only witness present. The next witness, Christopher Singleton, also of Indigo, was expected at around
1pm, but was not available to call at that stage. The District Judge asked the Claimant to see if any other witnesses could be made available after lunch. Kristina Kealy, at this point, was not present. The judge then adjourned for lunch, and asked the parties to return for 1:30.

When the court resumed at 1:30, Christopher Singleton had arrived and Peter Cockburn from the Hospital has also been produced. However, surprisingly, Kristina Kealy had arrived as well.

https://www.google.co.uk/maps/dir/ZZPS+Limited,+Links+Business+Centre,+Old
+Woking+Rd,+Woking+GU22+8BF/Cardiff+Civil+Justice+Centre,+2+Park+St,+Cardi
ff+CF10+1ET/@51.4277807,-2.4272855,9z/data=!3m1!4b1!4m13!4m12!1m5!1m1!1s0x
4875d84a34ec51e7:0x4fb2ee02304780b0!2m2!1d-0.5357953!2d51.3080256!1m5!1m1!
1s0x486e1b24f13043e1:0x46ca1f0f820c330b!2m2!1d-3.1796901!2d51.4782408

Woking is 2 hours 30 minutes by car from Cardiff. It’s over 3 hours by train. Even a Private Flight from the nearest airport to Cardiff would take longer than an hour, when you take into account leaving for Chobham or Farnborough Airport, the flight itself, and arriving at Cardiff
Airport, yet Kealy was here, fresh, composed, unstressed…

So one has to ask two questions - if she had come from Woking, as claimed, how had she managed to travel "faster than a speeding bullet" and make the 136 mile journey in less than 60 minutes. That's an average speed of double the motorway speed limit. And yes, it is known that she drove, as
she told Sue Prior of the TEPAG group that she managed to get a bus lane ticket (karma is a bitch).

And, if she was apparently verbally assaulted by John Wilkie at that point, as claimed, why was Mr Wilkie not removed from the proceedings there and then, why was he allowed to cross examine this apparently by now scared and vulnerable witness?

The answer, of course is simple. Kristina Kealy was never threatened by John Wilkie as claimed, and did not come from Woking, but was produced conveniently in Cardiff.  Indeed, David Jones of United Wales Media was also unable to contact Mrs Kealy via ZZPS either - how curious.

Indigo were betting the far on this claim, and it was worth their while to risk producing a witness who they know is untraceable, as the Defendants had no way of contesting this. When they tried the Judge shut them down, and then a scurrilous and entirely false allegation was made as a personal attack against John Wilkie.

Who behaved unreasonably here, I wonder?

Prankster Note

The attempted smearing of John Wilkie appears to be a calculated and premeditated attempt to 'justify' the Wright Hassall legal fees of around £50k. Wright Hassall started the maneuvering by trying to move the claim from the small claims court, where there are no legal fees, to the multi-track, where there are. This appears to be the next strategy  -attacking the lay representative of the defence to attempt to get fees granted under 27.14(2)g 'unreasonableness' rule.

The Prankster does not have a transcript of the judgment so does not know how much of the costs awarded are due to the alleged behaviour of John Wilkie, and how much are due to other matters.

So far no independent evidence has emerged to support the claims of this apparent non-person, who does not appear to work at the contact address given on her witness statement.

It is interesting that while counsel for Indigo was allowed to introduce unsubstantiated allegations against Mr Wilkie, Mr Wilkie himself was allowed no right of reply, and was given the choice of either shutting up, or leaving the courtroom. Mr Wilkie chose to leave.

This is not the only controversial event in a large parking case. Who can forget the hearing of ParkingEye v Beavis, when their counsel was not available. A mysterious hoax phone call caused the first hearing to be cancelled, and in the next hearing their counsel was free to attend.

Happy Parking

The Parking Prankster


35 comments:

  1. This comment has been removed by the author.

    ReplyDelete
    Replies
    1. This is not the first time I've been attacked in court by the representative, to be fair. However, normally they attack my right of audience at the start, they don't let me get to the end and then lie about me.

      Only once before has a judge said in a hearing that I cannot represent a party - that claim was adjourned, and won on the second hearing, at which I represented the client.

      I have never been found, in 35 previous cases, to have acted unreasonably such that I should be liable for costs. Unlike Mr Beavis, who was found to have been unreasonable in a hearing on 5 July at Dartford. I'll use his own words...

      "DJ Wilkinson was gravely concerned about my behaviour. There were concerns before today in the conduct of the case but especially in my conduct in the court. The case shifted and changed. There was unreasonable conduct in representation...

      The award against the claimant has been made because of my inexperience and my errors."

      Edited due to my unfair comments.

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  2. This is not your usual standard of reporting here MR P - ???

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  3. Well, serve a witness summons on Kealy at zzps reg. office

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  4. I think it be standard practice photographs be taken on the sly of these so called witnesses, we may have got to the bottom of who this mrs mealy is and why she is masquerading as somebody else? Clearly a charge purjury should be on the cards for her.

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  5. Can't remember the blokes name, but, someone once said about there being " Something is rotten in the state of Denmark."

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    Replies
    1. as fishy as the crack of dawn at Grinsby docks

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  6. I have to admit that this makes rather confusing reading. Setting aside KK's actual credentials, is the allegation that she could not possibly been in court during lunch on the Wednesday to hear JW's alledged utterances. If so, how is it established that she was, in fact, elsewhere at that time.

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    1. Wouldn't viewing of the Court entry system CCTV prior to the alleged meeting prove that she was either in the building, at least, or not in the building? A time frame could be established of how early to go back to due to the fact she admitted to receiving a "Bus Lane Violation" ticket. With this alleged threat made won't the police be involved who could review the CCTV?

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    2. You need to turn it around. Kealy alleged I did something, and the report I have seen from Barry Beavis is that she alleges I did this in the lunch break of the first day. As she was not in court prior to lunch that day, and I did not know who she was beofrw she was called as a witness that afternoon, this makes no sense.

      How could I threaten her when I didn't know who she was, and when I was not in the *locked* court at lunchtime. I spent lunch in the company of Barry Beavis, Sue Prior, Derek Donovan, Stephen Dadswell, Emily Booth and Sophie Round, and we all went to and from Subway as a group, and remained as a group.

      As such, her allegation doesn't stack up.

      There i a well known legal adage "semper necessitas probandi incumbit ei qui agit" It is always necessary for the accuser to prove. I need not prove that this is a lie, Kealy must prove it is true. It cannot be true, for the reasons stated, and so, if she is prepared to lie about her identity, her workplace and this, what else in her evidence was also lies?

      And if Indigo are prepared to use one witness who, I say, they knew was lying, how honest were the rest of their witnesses?

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  7. Has someone slipped some drugs into my cocoa?

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  8. On the top of the blog it says. Who is Kristina Kealy, allegedly the General Manager of ZZPS

    I have just called ZZPS and asked the lady who took my call a simple question.

    Please could I have the name of your GM. she said we don`t have a GM and then asked who is calling to which I said Mr Tony Taylor to which she then said why do I want to know this information.

    I then said to the lady again.. so you have not got a GM at ZZPS to which she put the phone down on me

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    Replies
    1. Thanks Tony - the evidence is stacking up against Mrs Kealy and ZZPS.

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    2. The first thing to do is write the the DJ. Then go to the police.

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  9. I should point out that in this day & age, phone calls to geographic numbers can not be trusted to be in that geographic area. It is highly likely that a VOIP system is involved somewhere along the line here, and the calls may be redirected out to a VOIP handset, or to a mobile phone, without you being any the wiser.

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    Replies
    1. Absolutely; but, you can sometimes presume a number is 'landline BT'; for example, any new VoIP connection in Bristol would be 01172 or 01173, but 01179 is usually an actual BT physical line or at worst one of the very first cable TV lines (they were the first to start using 01173 ranges). It gets confusing where a number has been ported to VoIP though; it's how my business has kept its Bath number of 20 odd years as a virtual VoIP one.

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    2. https://www.telecom-tariffs.co.uk/codelook.htm reports that ZZPS number is a virtual one issued by iNet . So they've chosen to purchase a number in a different area code.

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  10. If Kealy is masquerading as someone she isn't, and that person exists,isn't it illegal to use a legal name?

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  11. This comment has been removed by the author.

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  12. How in hell would she know she got a bus lane ticket?
    These aren't issued on the spot but are part of the standard council operations following a DVLA request for info.

    Are there even any bus lanes en-route?

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    Replies
    1. Would it not be possible to obtain recording from the CCTV in court to bring out the identity of this mysterious woman.
      Surely a DJ would consider such a request when the legal system seems incontrovertibly to have been made a fool of.

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  13. There are a large number of bus lanes on routes from the east coming into Cardiff, several of them camera enforced. The point is well made though that it is unlikely that a notice would have arrived in two days, and it is equally unlikely that somebody who is not local to the area would know which bus lanes are enforced. I work in Cardiff and don't know.

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  14. Just another thought. As this lass was supposed to be in court as a witness the next day, would she perhaps have travelled over the day before her planned appearance and stayed the night in a hotel. It would be the only way this could all make sense as she could literally be in court within 20 minutes or so if she did. But no bus lane ticket just the same......

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    1. This does seem quite likely; given the money they expected to be raking in a few quid on a travelodge wouldn't be unusual. On that basis the whole distance theory seems a bit overblown. It is interesting that she doesn't seem to 'exist', but if anything has happened, unfortunately they have now had the last week since reading it on here to begin covering their tracks.

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    2. This comment has been removed by the author.

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    3. Thanks for clearing that up. There was me thinking it was Dick Jockey.

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    4. Do your parents usually let you use their computer this late?

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    5. I was up late last night trying to sort out their keyboard. The 's' mysteriously prints as a 'c' from time to time.

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    6. Have sex with someone Patrick. That's an order.

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    7. Nearect I've got to that ic taking picturec with my phone samera on the London Underground. Got me the cack from the BPA.

      Oh dear, Mummy and Daddy'c keyboard playing up again! :(

      Delete