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Me and Excel - At war!

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Comments

  • DoaM
    DoaM Posts: 11,863 Forumite
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    1. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge there they are true to the best of my information and belief

    5. I have no idea who VCS are or what they have to do with this case. They are not mentioned in the Particulars of Claim (PoC) or in any other documents relating to this claim. I have never had any dealings with VCS nor have I ever received any letters or correspondence from them in relation to parking activities or anything else.

    (Don't use abbreviations without having first defined them).
  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    Coupon-mad wrote: »
    All looks marvellous to me, a really strong effort and with decent supporting evidence too. Have you seen this new claim number to add weight to your Elliott v Loake section?

    http://parking-prankster.blogspot.co.uk/2016/10/excel-parking-youve-been-gladstoned.html

    No transcript yet, it's too new but the claim number, court and Judge and decision can be added as a line to support your E v L rebuttal.

    Your VCS point is strong, I didn't realise you had that element to your case. What a mess Excel have made of this, not just in that cut & paste WS from Anita!


    Thanks CM, but the credit is yours. Without your help I wouldn't even have a WS, I've just added a few bits on. A few days ago I was nervous as hell about this now I'm feeling very confident :cool:


    Re: the new case above, I will try to include this as well. Thanks
  • Fruitcake
    Fruitcake Posts: 58,225 Forumite
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    edited 9 February 2017 at 11:12PM
    Lamilad wrote: »
    Thanks CM, but the credit is yours. Without your help I wouldn't even have a WS, I've just added a few bits on. A few days ago I was nervous as hell about this now I'm feeling very confident :cool:


    Re: the new case above, I will try to include this as well. Thanks

    You MUST include this as it is now persuasive that E vs L is not relevant to a private parking case.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
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  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Do not be fobbed of with £95 costs, go for the big bucks you deserve them.
    You never know how far you can go until you go too far.
  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    Fruitcake wrote: »
    You MUST include this as it is now case law that E vs L is not relevant to a private parking case.


    Thanks, I will add it in tonight before completing my bundle.
  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    The_Deep wrote: »
    Do not be fobbed of with £95 costs, go for the big bucks you deserve them.


    How do I go about claiming my costs? Is there an official form I need to fill in or do I just write some figures on a sheet of paper and take it with me? Something I need to include is the fact I have to put my youngest into childcare that day which will cost me £48.50
  • DoaM
    DoaM Posts: 11,863 Forumite
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    edited 2 November 2016 at 2:00PM
    Fruitcake wrote: »
    You MUST include this as it is now case law that E vs L is not relevant to a private parking case.

    No it's not, sorry. It was a county court ruling, therefore it may be persuasive, but it's not binding case law. (But still include it anyway).
  • Coupon-mad
    Coupon-mad Posts: 131,448 Forumite
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    Lamilad wrote: »
    How do I go about claiming my costs? Is there an official form I need to fill in or do I just write some figures on a sheet of paper and take it with me? Something I need to include is the fact I have to put my youngest into childcare that day which will cost me £48.50

    You set out a costs schedule and take it with you on the day. If you read the recent transcripts put up in blogs this week by the Parking Prankster you can and read a couple of entire hearing conversations from start to finish. You will see how at the end, the Judge might say 'anything else?' and the winner says, 'yes, Sir (or Madam), I would like to claim my costs'. And you can then hand over the costs list you prepared (including your travel and lost wages or childcare proof - get something in advance from the childcare provider to confirm the cost).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Lamilad
    Lamilad Posts: 1,412 Forumite
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    So, I've been away for a long time... As some of you will know this is because my forum posts were being used against me in the case that was adjourned following my victory against Excel/BWL back in November.

    Anyway a lot has been happening behind the scenes since then. I have been assisted off-forum by Coupon Mad (SchoolRunMum) and Bargepole... I say "assisted" it's been much more than that, they've guided me through every step of the process, offering reassurance, solid advice, and writing brilliant letters and statements for me. I've bombarded them with emails and questions on an almost daily basis and they've been nothing but helpful and supportive the whole time. I can't thank them enough - not just for their help but how much I've learned from them.

    So.... what about my second case? Well that was heard today. Jake Burgess was in attendance for Excel - he had submitted a second WS for them in December, which was basically a character assasination on me attacking my credibility and twisting my comments made on this forum. It was really quite offensive and borderline defamatory.... But I suppose desperation can lead to such behaviour.

    The Result...
    Justice served... Claim dismissed!

    ...A relief, considering this would've cost me £687. I was awarded costs of £104.50.

    To be fair to JB, he fought his case well, and even though he was twisting my words and deliberately taking comments out of context he did it well. But the judge insisted it was either PoFA compliance or proof of driver and Excel had neither. in the end, his case, though well argued, was 2 dimensional and lacked any real substance. The judge wanted something concrete and he couldn't offer anything.

    A satisfying victory but I'm not jumping for joy as this was hard fought and uncomfortable at times. It was also tiring as it went on for nearly 3 hours.

    Is this the end for me and Excel? I'm not banking on it!
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Good lord, this is a run of the mill parking scam, how come everything became so dramatic? What on earth were you posting that you needed to go into deep cover?
    You never know how far you can go until you go too far.
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