Excel Parking Services - Flipped Ticket

BrownTrout

of course SRS wont turn up, why would anyone think he would?

Carthesis

BrownTrout wrote: »

of course SRS wont turn up, why would anyone think he would?

I know full well he WON'T turn up... but he is the one who signed the Claim Form personally, not even (on behalf of...)

Therefore if (and i accept my interpretation of the Practice Direction etc. could be incorrect) SR-S doesn't turn up given that he is the one that signed the claim then the Lay Representative might not have Right of Audience if they haven't been involved in the submission of the claim.

As i say, i could be reading it wrong.

[Deleted User]

You are. He's an officer of the claimant company and can therefore sign a claim form.

The signatory to the claim form is quite different to the issue of whether the advocate on the day has rights of audience or is permitted by the court to present C's case. Don't confuse the two.

Read this.

https://www.civillitigationbrief.com/2019/07/18/rights-of-audience-what-is-meant-by-chambers-claimants-representative-sent-home/

Oh and best we leave this thread to Jam - the worthy winner!

jam1991

Court Report

Apologies for the delay, I have finally managed to sit down this evening and type this up.

Arrived at court 30mins prior to the scheduled hearing time. I gave my name to the clerk who proceeded to direct me through to a waiting area.

I was then approached by a gentlemen who introduced himself as a non-employee of Excel, and was here on their behalf.

The clerk then allowed us both some time to talk, the agent proceeded to offer a new settlement figure of £150, which I declined and advised I did not want to discuss further until in front of the judge.

Before I knew it, we were called through to the room and were greeted by the judge.
After a short introduction, the judge allowed me to explain/argue my points mainly showing the original valid parking ticket, the lack of lease within the witness statement and the claimants late submission of such landholder witness statement.

The agent then argued that I had admitted the ticket was displayed upside down, but the judge interrupted and stated I had only admitted the ticket was upside down in the photo.

The entire dialogue lasted no longer than 10 minutes and the judge took a few notes, before dismissing the case in my favour. Mainly down to the fact I had purchased a valid ticket and to my knowledge was displayed correctly within the vehicle.

I then requested the possibility of claiming the schedule of costs I had submitted with my witness statement. The judges ruled they were excessive and awarded only my travel and parking expenses.

Slightly disappointing but still over the moon to have WON, and thank you again to everyone who contributed to my thread.

Clairns

Amazing- I love to read about winning cases in court- especially against VCS/Excel............... you have cost them hundreds of pounds, they seem to be losing a lot at the moment. Well done!

Snakes_Belly

The representative made it clear that he was not employed by Excel. I don't think that they have much choice in who they represent because some work on a taxi rank type basis.

Really glad that you won Jam but it is a shame that you had to go through all this hassle. If this had been a council car park then they would probably cancelled the charge upon production of your paid parking ticket. I hope that the CoP when eventually delivered incudes parity between council run car parks and PPC's.

beamerguy

Old Simon Renshaw-smith still sending rubbish claims to court then ?

Not much we can do about the scam mentality for the moment so hope the courts see it as a scam and issue spankings

Carthesis

Jam - might i be so bold as to ask for your claim number?

My pending hearing is a similar case where they are trying it on for non-display of a ticket even through i had paid via app. It would be useful to have your case number to reference for equivalence if needed.

jam1991

Any advice on whether posting the claim number is a good idea?

jam1991

Advice required on what to do if Claimant has not paid Defendants cost by required date?
I received a letter from the court advising:

1. Claim dismissed
2. Defendants costs to be paid by 17th September 2019.

This has not happened, how and who do I contact?

Thank you.