Court Report: Excel spanked at Skipton

Redx

Lamilad wrote: »

Yes, that's very anoying. I'm aware of the iphone glitch but I'm using my windows laptop so not sure why it's happening. Think I've managed to remove it all now.

its if you use certain punctuation marks , or certain emojis I believe


best to avoid as many punctuation characters as possible

Redx

onlyfoolsandparking wrote: »

Well done Lamilad, you are a genius, it also makes me feel a lot better dealing with my PCN, its with Excel too lol at the dreaded Peel centre I,m at debt begger stage, wonder if they,ll bother me with court claim knowing how abysmal they are at it.

they have definitely issued many court claims over the last 8 years for the dreaded PEEL CENTRE (a place where I refuse to park, hence why big retailers are suffering from lack of foot trade IMHO)


I believe they wish to rack up tens of thousands of "invoices" just so they can exploit these issues, hence why B W LEGAL got millions of claims to sift through (allegedly)

waamo

Coupon-mad wrote: »

I would press ahead with High Court Enforcement.

Me too. They are quick enough to drag people to court. Don't try and dish it out if you can't take it back.

onlyfoolsandparking

Redx wrote: »

they have definitely issued many court claims over the last 8 years for the dreaded PEEL CENTRE (a place where I refuse to park, hence why big retailers are suffering from lack of foot trade IMHO)


I believe they wish to rack up tens of thousands of "invoices" just so they can exploit these issues, hence why B W LEGAL got millions of claims to sift through (allegedly)

Same here, I absolutely refuse to ever park there ever again but I accept your view and although I,d prefer not to go to court I absolutely will defend it if they do

Snakes_Belly

Is it possible to use this case to illustrate Excel's failure to maintain their equipment please?

Fruitcake

Snakes_Belly wrote: »

Is it possible to use this case to illustrate Excel's failure to maintain their equipment please?

I would say yes, go ahead and refer to it as it shows they have a history of using not fit for purpose systems in order to generate income.

As for the HCE question by Lamilad, get the claim in pronto. Ideally it will be approved before a judge sees the appeal. If court appointed bailiffs do get involved, go for the servers then computers (if that's allowed).
Failing that, chairs, 'phones, desks, and routers.

System

hence why B W LEGAL got millions of claims to sift through (allegedly)

Its not 'allegedly' unless they have misled the court in Bagri v BW Legal Ltd - an ET case.

IMHO it is always useful to mention this in a BW case that the supervising solicitor is unlikely to have supervised - on the balance of probabilities of course.

Loadsofchildren123

Answering Lamilad's points on the appeal and enforcement:

Points to raise in the letter objecting to the application for permission to appeal:

1. The test for permission to appeal is in Rule 52.6 and they don't satisfy it. There's been no procedural error, no error or law or fact, and the DJ did not wrongly exercise his/her discretion.

2. Under R52.12(3)(b) the appellant must serve the appeal notice on the respondent asap and no later than 7 days after filing it at court. They have flouted this rule - on their own case this should have been sent to D by 9 August at the latest, since they claim to have filed it on 2 August (although the court has specifically said it was filed late, which means it was NOT filed on 2 August but after the deadline on 8 August) [the court will have stamped it so the date of filing will be formally recorded]. HOWEVER, I note that in their letter of 14 August they claim to have attached the appeal notice, grounds and skeleton (but you've said you haven't seen them). So they didn't attach those? D should draw attention to that in her email to the court, because they will try to claim that they did send everything to her on 14 August and this is a minor breach of the requirement to provide it asap and in any event within 7 days. She should say clearly that the letter arrived with no attachments and that she still hasn't received it.

3. Ask the court to strike out the appeal notice under R52.18

4. The appeal notice was filed late and PD 52B para 3 requires the appellant to apply for leave to extend time. Say that the court has already said that it was filed out of time, and with no fee. Unless the appeal notice includes an application to extend time then the court has no discretion and should reject the appeal notice.

5. The court cannot issue the appeal notice without the fee - PD52B para 4.1.

Compliance with the PDs 52A-E is mandatory under R52.2.


Re enforcement:
An application for permission to appeal does NOT act as a stay of the original order. The appellant must SPECIFICALLY apply for a stay within the appeal notice. This is in Rule 52.16. If no application, no stay and you can take whatever enforcement steps you wish.

Lamilad

So, it would appear this matter is finally resolved after 3 different courts have played volleyball with it.


It's perhaps surprising that this matter was ever even seen by a circuit Judge considering the application was submitted well out of time.


Still it's nice to know they've spent even more money on an already costly case.


https://www.dropbox.com/s/03gm42bniu0e4gz/img003.jpg?dl=0


https://www.dropbox.com/s/xkg9laxjeyb06za/img004.jpg?dl=0

System

A useful document IF it wasn't sanitised.

Any chance of adding back in the parts you've taken off and which are in the first part of the post. It can then be recycled for any claims where Excel/VCS use their "data" for missing VRMs where the OP has paid.