Excel parking charge notice

dufflers

Sorry CM, I've collected together pieces from around 5 different defences and changed wording to fit my own case specifics, I didn't see the part regarding paragraph numbers but I'll get it amended.

The amount of time and energy you put into helping people must be a collosal effort. I'll double check before posting next time.

Are you happy that the content is strong enough? Would you add anything else?

dufflers

I'm making the assumption that everyone's happy with the effort above,
would you recommend sending the defence to excel and the court today? I don't have a letter of claim, no MCOL and nothing else to go on other than the judges directions that excel have 13 days to file a WS, is there any reason to hold off sending it?

Redx

the defence does not go to the court, no court has been allocated yet, UNLESS THIS IS A SET ASIDE and its already been to court ?

the court claim is the MCOL and after the AOS was done the defence is emailed in, then the DQ , for a normal court claim to progress

is it a defence you are drafting ? or a WS ? , after 4 pages its hard to decide where you are at

Coupon-mad

It's post set aside hearing, now acting upon the Judge's directions:

dufflers wrote: »

Just got back from the hearing, wanted to give a quick update.

I was in the court waiting area when I was met by a young woman who was a legal rep for excel, they apparently hadn't received my draft order/WS etc and she wanted to see it, I asked for theirs in return having received nothing for 7 months..
Only got to see a couple of pages as we were called into the hearing room, but one thing i did notice was that they had a "letter of authority" from the landowner, not a copy of the contract. I wonder if I might be able to use that in future.

So the judge ordered the set aside pretty much as soon as I showed that they had been aware of my previous address, the legal rep had nothing to counter it as she had only been given the details fo the original claim and apparently wasn't aware that this was a set aside hearing. DJ actually laughed at her and told them he'd be ordering the set aside based on my evidence.

He didn't award costs because he said he wouldn't make that judgement until the claim hearing, I remembered to ask for costs to be reserved and he allowed it, he told me as long as i could prove I told BW about moving address he would award me the £255, I have my original email and a letter from BW to my current address so that should be easy.

I'm not quite sure on the next steps other than to prep my main defence now, focussing on the unreasonable behaviour of sending a claim to an old address?

I did add to the draft order that if Excel drop the claim (knowing that they will at least be down £255 from the set aside) that they should cover those costs, but it wasn't mentioned at the hearing so will this still apply?

DJ also said that excel would have a very difficult time arguing this in court, that he would recommend at least 1.5 hours for the next hearing as it could be a tough one to judge.. So I feel as though I have the upper hand at this point, but don't really fancy a lengthy argument over essentially contract law..

What do you guys think? Should I get that defence fleshed out?

dufflers

I had a set aside hearing yesterday, the judge gave excel 14 days to send their WS and me 14 days after to send mine..

I haven't received any letters from anyone regarding a claim, but that's why i had the CCJ and set aside, so it's difficult for me to check where i am in the newbies guide

#68 is my defence for the upcoming claim which I assume is going ahead even though excel will be chalking up a £255 loss before we even start when i file my evidence

Coupon-mad

LOL, if Excel write offering to 'drop hands' with no costs on either side, don't accept!

Redx

so you have not been directed to issue a defence to the claim yet , so a good question as to when you actually submit it , unless you are waiting for submission details ?

if you have 14 days to submit yours, then it seems to me you do the defence + WS + Exhibits plus costs schedule , so 4 items to go in all at once, within 14 days of yesterday , to court and to claimant


follow the judges directions

dufflers

the claimant has 14 days to submit all theirs, I'll have 14 after that, which takes me up to the 23rd,
I'll hold onto that defence now then, and start the WS/Exhibits/Costs for you all to take a look at, and hold off until I get to see theirs..

Am i right in thinking that if I don't hear from excel within 14 days (and check with the court too) I can ask the judge to strike it out and ask for my costs anyway?

Coupon-mad

It will be within 14 days of the service (delivery) of the Judge's written order. Excel have longer than you think, but yes wait till you hear from them first as long as no more than 3 weeks passes...no sitting around longer than that.

dufflers

I'm currently making a draft of my WS, can anyone clarify whether I would work in the CCJ, unreasonable behaviour and trying to deny me a set aside without any evidence or preparation?

I'm just getting that and my costs schedule together, when it comes to mileage, i could only find evidence for 25p/mile, is that correct?