Excel parking charge notice

Loadsofchildren123

I think you should be applying for your lost £123 as damages with this set aside claim. You need to take evidence of that. It's a shame that you didn't put it in your WS.

The point is that you told BWL, as Excel's agent, about your new address. So Excel are deemed to know about it. When they took it back in house BWL should clearly have told Excel about the updated address, or if they'd sent the file to Excel it should have been in the file. A serial litigator should have systems in place when it takes cases back in-house to establish what information has been exchanged between their solicitor and the Defendant. The fact that they don't (or at worst disregarded the information) should entitle you to recover your losses incurred as a direct result.

I think you should tell Excel today that you are adding this to your claim and send them a copy of the proof that you lost £123.

dufflers

I'll email the proof I have right now, I would have put it on the WS but was advised against it

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

dufflers

Would I just need to take the email confirmation with me (showing that I had to withdraw and lose the £123) or do I need to email the court directly with the extra information?

Loadsofchildren123

dufflers wrote: »

Would I just need to take the email confirmation with me (showing that I had to withdraw and lose the £123) or do I need to email the court directly with the extra information?

Take it with you, but send it to Excel.

You were advised up thread to leave it out and claim it later, but I disagree. The "later" will be you defending the claim itself, it will be nothing to do with the reasons the strikeout was set aside. The court will have no jurisdiction to award you losses in relation to the bad service at an old address at that stage, because it doesn't relate to the issue of whether the PCN is enforceable, it just relates to the strikeout application.
If you win remember to ask for your costs - if you don't you risk losing the £255 even if you win.

dufflers

Thank you, I have "Costs" stamped on my freshly polished shoes so I won't forget

Loadsofchildren123

have you looked up which DJ you have? I'm from these parts so might be able to offer some insight.

dufflers

I don't have any other information other than the time and date of the hearing, would i be able to call the court and ask who it's been assigned to?

Loadsofchildren123

you can look it up online, not sure if the court will answer the phone now
Do a google search of the "listings" at your court.

dufflers

ok I've got Deputy DJ Michael Evans
Hope that's some good news

Loadsofchildren123

Lol, just googled him. I know him fairly well, didn't realise he's become a DDJ, that must have been quite recent (so he will be keen to play by the rules and not be a maverick). He's a family law specialist, not civil. He's very young looking. He was in the army before he became a barrister. Have used his services, but never appeared before him. He's a reasonable person and very courteous. Play on being a litigant in person if you get into any trouble/get tongue tied/re the £123 add-on.