Excel Court Date Set - Defence Statement Help

cordsandcag

I've got my court date with Excel at the end of April and was hoping for some advice / help as to what to do next. I realise I've got to get my defence statement and evidence sent off at least 14 days prior to the hearing.

Do I need to beef up / add more example to my initial defence statement?
Is it always good to have photos of the signage etc?

And, have Excel generally being turning up to their cases?

I've included the initial thread (changed to hxxp to post) I started which some of the members kindly offered me advice. Any help again would be greatly appreciated.

hxxp://forums.moneysavingexpert.com/showthread.php?t=5518459

Coupon-mad

Yes Excel turn up, they send a rep like Mr Pickup:

http://parking-prankster.blogspot.co.uk/2016/11/mr-pickups-fun-day-out.html

Read Lamilad's thread as he beat them twice (the above link was his first win and you can use his court transcript if you are arguing 'no keeper liability' under the POFA). Lamilad paid for the transcript of his first hearing and has just won a second time.

As for discussions on your Witness Statement, evidence and a separate (last minute) skeleton argument once you see BW Legal's woeful WS and 'evidence'(!) read KimmyHrunt's thread and Britton's thread, to name just two where this has been discussed only this week, in depth, with examples.

BW Legal are likely to send their WS late and it will be cut & paste drivel, hence the need to rebut it in a skeleton, just prior to the hearing, which is OK.

cordsandcag

Ok, thanks Coupon-mad. I'll have a look at those threads. The ticket was issued last year so I presume I am able to argue no keep liability under POFA? This is what i'm already doing / have done on my defence statement.

Coupon-mad

Yes, as long as the driver has not been identified in any appeal, Excel's NTK from then will not be a POFA one. You need to read Lamilad's thead & transcript to understand what the flaws are but basically they can't 'assume' the keeper is the driver and you must include Schedule 4 and Henry Greenslade's words from the POPLA Annual Report 2015 in your exhibits with your skeleton.

The WS (on the other hand) is merely a story of what you received and the fact the driver has never been established (maybe including evidence that the car is insured for more than one driver, if so). Judges like that sort of thing, proves you not to be the only driver of the vehicle & supports the keeper saying 'no keeper liability'.

cordsandcag

I'm just getting everything together for this and have been reading through some threads. In terms of evidence I've got:

POPLA report from 2015
POFA Schedule 4
Photos of the car park
Copy of insurance at the time of the charge which shows more than one person insured on the vehicle
PCNs

Am I missing anything else major? I was going to highlight bits of the POPLA report and the POFA which are relevant to my case - do I need to do this or can I do it at the hearing itself?

And in terms of the witness statement, can I go through and just highlight bits of evidence? I'm getting a bit confused between a witness statement / skeleton argument / evidence statement.

Thanks again for any assistance with this.

Coupon-mad

You need transcripts of any court cases you have mentioned in defence. Have a look at some by Googling 'Parking Prankster case law' and see what's relevant.

Lamilad

Hi Cordsandcag I've just seen your PM.

The judgement from my case is here on the prankster's site:

http://nebula.wsimg.com/ab774da5f40c5d7082d483820e2241cb?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

He's also hosting the full transcript up to judgement.

Lamilad

In reponse to your PM:

Yes, Excel/BWL do usually attend court, although they've discontinued a fair few lately. Well I say "attend" it won't actually be anyone from Excel or bw legal. It will likely be a solicitors agent fro Elms legal. Which is good for you because thet'll know very little about your case other than what they've been sent at the last minute (sometimes just an hour or 2 before the hearing), plus it means you can question their rights of audience - which can be a slam dunk if that comes off

cordsandcag

Thanks Lamilad. I've just been printing some more case law stuff off and am just leaving work. I'll send you a PM when I get home.

cordsandcag

I've seen some stuff about right of audience - is this basically to do with the fact that as they haven't written the witness statements / aren't personally bringing the claim, it can be argued that they shouldn't have a right to be in the room when the case is heard?

Coupon-mad

No. It's about exposing the legal rep as (very often) not an 'exempt' person. Explained here:

http://parking-prankster.blogspot.co.uk/2017/01/parkingeye-win-and-are-awarded.html

The Prankster's notes explain what the defendant should have done/said and taken with him.