Excel BW Legal 2012 court claim faulty machine.

nosferatu1001

Lol
Expect them to discontinue very soon.

Make a counter offer they drop it and pay you say, £50 to cover some of your costs so far, and you wont apply to the court for costs due to unreasonable behaviour pursuant to CPR27.14(2)(g) incluing your time at 50% of a band D, £60 per hour.

beamerguy

Hotchocolate wrote: »

Just a small update, with the court date looming excel have made an offer to discontinue for a £50 settlement.

I have declined their offer.

Good for you

Rather get the feeling they know they can't win.
Probably been reading this thread :rotfl:

Watch them though, some of these companies say
they will not be attending court
You don't go, they do and wallop ... a CCJ

Always check with the court.
Chances now they will discontinue

Hotchocolate

Well shortly after I have indeed now received a notice if discontinuance, massive thanks again for all your help.

Now I suppose I should apply for costs and will look into this, any tips.

Course they could go after the driver now or just maybe they can't risk the whole private parking on public land argument.

I will check with the court on Monday to confirm NofD .

Umkomaas

Now I suppose I should apply for costs and will look into this, any tips.

Have a read of this thread which included some discussion on costs post-discontinuance. I understood they could be claimed, but Lamilad, who has personal court experience, is suggesting otherwise.

https://forums.moneysavingexpert.com/discussion/comment/73145247#Comment_73145247

I suggest you do some further research and check it all out first.

beamerguy

Hotchocolate wrote: »

Well shortly after I have indeed now received a notice if discontinuance, massive thanks again for all your help.

Now I suppose I should apply for costs and will look into this, any tips.

Course they could go after the driver now or just maybe they can't risk the whole private parking on public land argument.

I will check with the court on Monday to confirm NofD .

Well you won, that is the main thing

Why do you think they would go after the driver ?
They will put this down to yet another miserable failure

bargepole

Umkomaas wrote: »

... I suggest you do some further research and check it all out first.

The CPR rules specifically bar awards of costs after discontinuance, for a case which is allocated to the small claims track.

The reason being that the only costs you can normally recover are those associated with attending court for the hearing, and if there is no hearing, you have no reclaimable costs.

Coupon-mad

Hotchocolate wrote: »

Well shortly after I have indeed now received a notice if discontinuance, massive thanks again for all your help.

Now I suppose I should apply for costs and will look into this, any tips.

Course they could go after the driver now or just maybe they can't risk the whole private parking on public land argument.

I will check with the court on Monday to confirm NofD .

Well done!

Even if you can't get costs, how about a timely letter to your MP to appraise him/her about this typical scam within an entirely rotten industry, as discussed here:

https://forums.moneysavingexpert.com/discussion/5716059

What a complete waste of consumers' time and money, and an abuse of court process for this notorious bunch of ex-clampers to systematically (thousands of claims made, with no merit) use the court as a glorified debt collection service, only giving up when they meet a 'steadfast' person like you and traceynob.