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Excel loose in Court again!!!
notts_phil
Posts: 1,087 Forumite
http://www.sheffieldtelegraph.co.uk/commun...ecide_1_3822738
Excel-let the courts decide
Published on Thursday 29 September 2011 15:05
From: RW
Name and address supplied
In response to the comments from Gregor Woods in relation to the activities of Excel Parking Services, I can report that Excel took proceedings against me in the Sheffield County Court last year in relation to parking a car in Berkeley Precinct, Ecclesall Road .
Although I have no legal background, I represented myself and found the fast track Small Claims process rapid, straightforward and on the day relatively stress-free.
The process involved hearing the case from both sides in a small room with just the District Judge, myself and a solicitor representing Excel present.
My defence centred on the fact that the company had suffered no loss, that there was no contract between us, and in any event they had acted unreasonably. However, as I was not the driver of the car at the time that the ticket was issued, the Judge advised me that I need not disclose any further information to either the court or Excel.
It took less than 10 minutes for the Judge to find in my favour, refuse Excel any right of appeal, and admonish their solicitor, commenting that he was extremely unhappy with several aspects of the case. My only regret is that in the excitment of winning my case, I failed to apply for costs.
The County Court is the only way to get a fair hearing, and I would encourage others affected to ignore Excel’s tactics, opting instead if you feel that Excel have acted unreasonably to let the court decide.
http://www.sheffieldforum.co.uk/showthread.php?t=858711 - Also on last page of this thread
Excel-let the courts decide
Published on Thursday 29 September 2011 15:05
From: RW
Name and address supplied
In response to the comments from Gregor Woods in relation to the activities of Excel Parking Services, I can report that Excel took proceedings against me in the Sheffield County Court last year in relation to parking a car in Berkeley Precinct, Ecclesall Road .
Although I have no legal background, I represented myself and found the fast track Small Claims process rapid, straightforward and on the day relatively stress-free.
The process involved hearing the case from both sides in a small room with just the District Judge, myself and a solicitor representing Excel present.
My defence centred on the fact that the company had suffered no loss, that there was no contract between us, and in any event they had acted unreasonably. However, as I was not the driver of the car at the time that the ticket was issued, the Judge advised me that I need not disclose any further information to either the court or Excel.
It took less than 10 minutes for the Judge to find in my favour, refuse Excel any right of appeal, and admonish their solicitor, commenting that he was extremely unhappy with several aspects of the case. My only regret is that in the excitment of winning my case, I failed to apply for costs.
The County Court is the only way to get a fair hearing, and I would encourage others affected to ignore Excel’s tactics, opting instead if you feel that Excel have acted unreasonably to let the court decide.
http://www.sheffieldforum.co.uk/showthread.php?t=858711 - Also on last page of this thread
Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
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Comments
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Do you mean "lose" as apposed to "loose" ?What part of "A whop bop-a-lu a whop bam boo" don't you understand?0
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Probably BOTH ! :rotfl:trisontana wrote: »Do you mean "lose" as opposed to "loose" ?Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
trisontana wrote: »Do you mean "lose" as apposed to "loose" ?
Oops!! What a mistaka de makerHi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
trisontana wrote: »Do you mean "lose" as apposed to "loose" ?
Excel = Lose!
Solicitor = Loose!:p Just as well they had a brief full of useless papers with them!:D0 -
well, that solicitor was certainly a bit 'slack' and failed to 'follow through'. he seemed 'bowelled' over by the judge's commentsExcel = Lose!
Solicitor = Loose!:p Just as well they had a brief full of useless papers with them!:D
I for one will be following his 'movements' closely and I'll be 'relieved' if he never sees the inside of a court again.
I'll get me coat.0 -
@n_p - Knowing that you are a regular on the Sheffield forum can you find out who the solicitor was? I wonder if it was Parvez Mirza again?My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016).
For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com0 -
Ive just re read it and the court case happened last year!
At a guess it was Proberly naveed akbar!Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
Ta. I wonder if they'd tried someone new given the two previous solicitors had both failed dismally. Ah, yes finally caught on.
That Mr R-Smith continues with these cases suggests to my cynical mind that maybe what he is doing is building the case for Schedule 4. We all know that he sits on the board of the BPA so why persist?My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016).
For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com0 -
Nice to see they were wiped out again, I wonder if the victim was flushed with success.torontoboy45 wrote: »well, that solicitor was certainly a bit 'slack' and failed to 'follow through'. he seemed 'bowelled' over by the judge's comments
I for one will be following his 'movements' closely and I'll be 'relieved' if he never sees the inside of a court again.
I'll get me coat.I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.0 -
That Mr R-Smith continues with these cases suggests to my cynical mind that maybe what he is doing is building the case for Schedule 4. We all know that he sits on the board of the BPA so why persist?
I'd agree with that. There are one or two other recent threads knocking about where my suspicions have been raised that the PPC's are actually hoping to 'lose' where they can't find out who the driver was.0
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