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Name the driver - reset the clock?

1246

Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Was everything signed by excel? Nothing from vcs? Just asking in case they ballsed up another one.
  • Upsidedowner
    Upsidedowner Posts: 23 Forumite
    edited 24 April 2018 at 8:03PM
    Perfect, Thankyou Coupon-mad, I had spotted the ANPR defence in the Newbie thread and I am all over that!

    Nosferatu - Its all under Excel Litigation - Either Jake Burgess A.CILEx, (Associate Legal Executive no less) or a Yasmeen Couser (Paralegal) (Although she doesnt seem to like signing her letters there's just a big blank space!)
  • Upsidedowner, I believe we may be contesting Excel from the same car park. I will PM you
  • Upsidedowner
    Upsidedowner Posts: 23 Forumite
    edited 24 April 2018 at 8:23PM
    Yes we are. I'm on my mobile and it wont let me get to the PM for some reason.

    I've read your thread. I managed to track down the agent acting for the landowner if you fancy a last minute pop at them cancelling it for you? The agent wasnt much cop for me but he might take more notice of you due to the discrimination aspect in your case. Good luck!

    The landowner is 'Threadneedle Property Investments' Cannon Place, 78 Cannon Street, London, EC4N 6AG.
    BUT
    The agent acting for them is Rodney Witton (Savills based in Birmingham)
    Tel 0121 200 4509
    Rod.Witton@savills.com

    Savills
    55 Colmore Row
    Birmingham
    West Midlands
    B3 2AA

  • I have a question - on the same site where this ticket was issued. A marked police car has been given a PCN (attending a call on the site) he is appealing the ticket and tweeted about it. ' #AnprIsntAlwaysGreat..' .................. It made local press. Is their any mileage in bringing it to the attention of the judge? (defence or witness statement if more appropriate?) Or complete waste of time/irrelevant ?

    (Our local MP has mentioned her backing for the new regulations being discussed in parliament too)

    http://www.thenorthernecho.co.uk/news/15804805.Police_car_slapped_with___100_parking_fine___officer_was_trying_to_find_suspected_self_harmer/

    I've contacted the SPC in question to find out how he got on and if his appeal was successful.
    He replied: "Eventually and after requiring further evidence and a statement from a superintendent to confirm I wasn’t lying! But yes, last month I was NFA’d thankfully"
  • I've also contacted the land agent who tells me that Excel lease the car park, therefore, are money grabbing all for themselves!
  • Upsidedowner
    Upsidedowner Posts: 23 Forumite
    edited 6 July 2018 at 11:38AM
    Hi all,

    My defence was sent to CCBC nearly two months ago now and since then i've followed the process as set out here, I received a letter (general form of judgement or order) today from my local court (rather than the central office) saying:

    'Unless the Claimant files and serves fully pleaded particulars of claim the claim shall stand dismissed'

    It also goes on to say I have permission to serve an amended defence should I wish to ??? .


    The particulars were served ages ago - so while I thought I understood the process this has me a little confused!?

    The only thing I can think (other than a mistake by the court?), is that what Excel sent wasn't clear enough and they need to provide something with more basis?

    Bearing that in mind - is that why I'm being given the option to serve an amended defence? In response to a possible change in their particulars?

    Can anyone help clarify for me.
  • Umkomaas
    Umkomaas Posts: 43,839 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The only thing I can think (other than a mistake by the court?), is that what Excel sent wasn't clear enough and they need to provide something with more basis?
    While we are often being asked to second guess the purpose/meaning of what people have received, it looks like the Judge needs more information in the PoC.
    Bearing that in mind - is that why I'm being given the option to serve an amended defence? In response to a possible change in their particulars?
    Seems to be the case. We've seen it before in a number of cases (not necessarily Excel).

    Which court? Skipton Court is pretty severe on PPCs and their PoCs.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Bearing that in mind - is that why I'm being given the option to serve an amended defence? In response to a possible change in their particulars?

    Yes, the Judge doesn't like the rubbish POC they filed.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Upsidedowner
    Upsidedowner Posts: 23 Forumite
    Thanks for the replies.
    The court is Darlington (Co Durham).

    I'll sit tight again. Thanks as always!
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