Excel Parking Services - Flipped Ticket

KeithP

...and just to add to C-m's comment...

Remember to send a copy to the Claimant.

jam1991

Notice of Allocation to the Small Claims Track (Hearing) has arrived in the post.
Scheduled for early September 2019.

First question, I did not realise there was a £25 hearing fee to be paid in advance. Can I visit the my local court in order to pay in person, or is there another easier method?

Guess this means time to write my witness statement and get copies to the court and claimant?

Thanks

KeithP

jam1991 wrote: »

Notice of Allocation to the Small Claims Track (Hearing) has arrived in the post.
Scheduled for early September 2019.

First question, I did not realise there was a £25 hearing fee to be paid in advance. Can I visit the my local court in order to pay in person, or is there another easier method?

Guess this means time to write my witness statement and get copies to the court and claimant?

Thanks

Please re-read that Notice.

There is nothing on it about the Defendant having to pay a fee.

Your participation in this educational entertainment is entirely free of charge - unless you lose.

Coupon-mad

LOL, you want to pay the scammers' court fee? Are you joking?

Seriously, you need to re-read the NEWBIES thread post #2, the stuff under the red heading:

'IMPORTANT - KNOW WHAT HAPPENS WHEN'

Also click on the link and read Bargepole's COURT PROCEDURES thread there.

Sounds like you need to revisit that.

The best prepared posters report wins.

The badly prepped ones, struggle.

Don't be in that second group. PLEASE GET UP TO SPEED.

jam1991

Update: received a 40 page document from the claimant at the weekend from the claimant.
Previous correspondence, photos etc.

I've noticed there is a letter included addressed to the defendant, whereby they apparently offered to settle for £20. This letter was never received. Where does the defendant stand with this please?

Le_Kirk

jam1991 wrote: »

I've noticed there is a letter included addressed to the defendant, whereby they apparently offered to settle for £20. This letter was never received. Where does the defendant stand with this please?

1. Is the offer still current?
2. Do you want to accept it?

jam1991

Le_Kirk wrote: »

1. Is the offer still current?
2. Do you want to accept it?

Thanks for your reply, it would appear not, it is included as though they previously offered this settlement earlier in the process. However the defendant never received such letter.

Will this go against the defendant at court? How can they prove they never received such letter?

Thank you

DoaM

jam1991 wrote: »

Will this go against the defendant at court? How can they prove they never received such letter?

Can they prove they sent it? Probably not - they won't have a certificate of posting for it.

A judge would rule on the balance of probabilities who they believe.

Castle

jam1991 wrote: »

Thanks for your reply, it would appear not, it is included as though they previously offered this settlement earlier in the process. However the defendant never received such letter.

Will this go against the defendant at court? How can they prove they never received such letter?

Thank you

Did they include a copy of the letter in the response to the SAR?

jam1991

Witness Statement critique please:

In the County Court at XXX
Claim No. XXXX
Between
Excel Parking Services Ltd (Claimant)
and
XXXX

---

Witness Statement

---

1. I am jam1991, of XXXX, the Defendant in this matter. I will say as follows:

2. On XXX, I visited XXXX and parked my vehicle registration no, XXXX in the car park.

3. As required at XXX I purchased a ticket from the payment machine for the value of £3.00. Ticket expiry was shown as XXXX

4. I then correctly displayed the valid parking ticket on my vehicle dashboard and left the car park site.

5. Upon receipt of a parking charge notice from the Claimant, I supplied them with this evidence (Exhibit A attached) however they have elected to pursue this matter via litigation.

6. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Signature
Date