Excel parking charge notice

Le_Kirk

If it is a witness statement it should be written in the first person, i.e. "I" this, that and the other rather than "the defendant" Why are you posting it, should you not be hand delivering it as advised on here?

dufflers

I'll amend it straight away, yes sorry I wasn't clear, I'll be taking it to the court myself,
would I outline potential costs at this stage or at a different time, I haven't seen any examples where people have put it in at this point

nosferatu1001

You also need to serve it on the claimant. Dont forget that.

You can outline your intention to claim costs for unreasonale behaviour now, plus "ordianry" costs which are £95 CAP on lost leave or pay (half day) mileage and parking.

dufflers

Will an email to excel suffice? or do documents like that need to be posted?
I can do both if that's covering all bases

Because I found out about the ccj while applying for a uni course, I'm unable to apply for that course until next year now, and have lost £123 which was already paid, worth adding in?

nosferatu1001

If they accept service by email, then yes. Otherwise post. Obviously you need proof of posting first class if so, and if email then copy of sent items to show it was served.

That isnt your costss, is it! It is damages, for which you would claim against them once you win this

dufflers

Ok, thank you

Apologies the terminologies are all new to me, I just don't want to miss the opportunity to put it all down

nosferatu1001

Costs are the costs of defending the claim
You have normal allowed costs - half a days loss of leave OR loss of pay, capped at £95, mileage and parking.

Then you have unreasonable behaviour. This increases your allowed costs limit but you have to know how to argue it. See many, many, MANY threads on this.

dufflers

Ok so I have my hearing date for the set aside on the 25th Sept, I've got a copy of my draft order etc with me, would anyone have any suggestions as to anything else I should take?

Coupon-mad

For the costs:

- wage slip to show your loss of leave, or proof of expense like childcare for the day
- proof of paying £255 fee
- proof of travel & parking for the hearing
- a list of Excel's unreasonable conduct and proof of this:

excel made claim with my old address and now i have a CCJ despite keeping all addresses up to date with BWL and DVLA/experian

for the set aside:

- proof that your address was wrong
- proof that you are on the electoral roll/were 'there to be be found' easily, as opposed to hiding from a known debt
- a copy of the press release by the Govt, as linked in this Blog:

http://parking-prankster.blogspot.com/2016/12/government-announce-ccj-review-due-to.html

IF THE JUDGE WILL NOT AWARD YOUR COSTS BACK, ASK FOR COSTS TO BE 'RESERVED' FOR THE MAIN HEARING - YOU WILL REGRET IT IF YOU DON'T. YOU MUST HAVE YOUR COSTS PAID BY EXCEL, OR RESERVED, TO BE RE-ARGUED FOR LATER.

And for the defence, a crib sheet for yourself of your main defence points in bullet points, so you can read them out and satisfy the Judge that you have good prospects of success, once set aside.

dufflers

Thank you CM, you've been a massive help
My hearing is tomorrow, any solicitors or parking ticket journeymen want to pay a visit to the lovely Llanelli county court for 10:15 then you're more than welcome
Fingers crossed the DJ sees this claim for what it really is, a massive waste of time and throws out the entire thing