IN THE COUNTY COURT AT BRADFORD, EXCEL PARKING SERVICES LTD, REPRESENTED BY ELMS LEGAL LTD, WAS INSTRUCTED TO PAY COSTS OF £1,175.00 PLUS REFUND IN SATISFACTION THE JUDGEMENT.
When it comes to legal battles, the small details matter immensely. A recent case we had the privilege to work on underscores this, where a defective notice to keeper almost led to an unjustified consequence for our client. However, with meticulous attention to details, expert advice, and strategic manoeuvring, justice was served.
Our client, facing an issue with Excel Parking Services Limited, had her back against the wall due to what was termed as a 'defective notice to keeper'. In an understandable rush, she made an application for both strike out and summary judgment. However, as the law would have it, this application came outside the time limit set to file a defence. Excel Parking Services Limited swiftly capitalized on this oversight and secured a default judgment after the application was made.
This is where we stepped in, recommending our client to tap into the legal acumen of our partnered solicitor Lawrence & Associates Solicitors recognizing the fact that Excel Parking Services Limited was not in its right to obtain the judgment under the provisions of CPR 12.3(3)(i) and (ii).
When a logical approach was proposed to Excel Parking Services Limited by Mr Jackson Yamba to consentingly set aside the judgment, they refused. This act of unyielding persistence left our client with little choice. To prevent a default judgment stain on her record, she honoured the judgment by paying. But the fight was far from over.
The Hearing:
Enter Mr. Jackson Yamba. His formidable reputation was only outshone by his performance in the courtroom. With a strategic admission of our client’s oversight on defence filing, he astutely shifted the conversation to Excel Parking Services Limited's misinterpretation of the law. He put forth a compelling argument on the provisions of CPR 12.3(3) and its relevance irrespective of the defence filing time.
His argument was simple but profound. The Claimant's entitlement to apply for judgment was muted until the permitted defence filing window closed. And, once the application for summary judgment was filed, CPR 12.3(3) took the centre stage. Mr. Yamba's brilliance lay in highlighting the lack of limitations in CPR 12(3) and its overarching application until a judgment application is made.
The Outcome:
The court, swayed by Mr. Yamba’s eloquence and depth of understanding, ruled in favour of our client. The judgment was set aside, Excel Parking Services Limited was mandated to refund the money, and they were slapped with a cost of £1,175,00.
In Conclusion:
This case is not just a win in the court records; it’s a testament to the power of expertise, the importance of strategic partnerships, and the value of unyielding persistence. When the right legal minds come together, justice isn't just served; it's celebrated. Here's to many more such victories! 🎉. An appeal was made against the decision but the Appeal Court ruled in favour of Mr Jackson Yamba.