Excel Parking Services- Appeal refused

BrownTrout

dont get to excited by Excel being a day late, dont think this is a magic bullet on this particular track

Spencerdog123

BrownTrout wrote: »

dont get to excited by Excel being a day late, dont think this is a magic bullet on this particular track

Would you suggest to not ask for Excel's witness statement and evidence to be thrown out?

Coupon-mad

No, he wouldn't.

He is just saying, don't necessarily expect a Judge to take much notice if he/she decides there was no significant detriment caused to you and it was only a day or two.

BUT we are not saying don't write.

Why do posters take every throwaway comment as if it might ruin their plan of what to do next? We are just being pragmatic and telling you what to do, but warning you that Judges are human and that nothing is a silver bullet.

Spencerdog123

Coupon-mad wrote: »

No, he wouldn't.

He is just saying, don't necessarily expect a Judge to take much notice if he/she decides there was no significant detriment caused to you and it was only a day or two.

BUT we are not saying don't write.

Why do posters take every throwaway comment as if it might ruin their plan of what to do next? We are just being pragmatic and telling you what to do, but warning you that Judges are human and that nothing is a silver bullet.

Okay so having called the court, My WS arrived on time.
Excels was two days late.

I just want to double check what way I should word this email to the court/ judge.

Mention how im representing myself, Excel are a company that deal with court matter on a regular basis so there is no excuse for being late. This now gave them time to look through the whole of my statement, take it apart and make there statement align with mine.

Something around those 3 points? finally then asking for Excel's witness statement to be struck out.

Many thanks

waamo

It's worth a try but expect it to be ignored. With that in mind I wouldn't put too much effort into it.

Spencerdog123

Im going to check the witness statement because it will be in the post at home. I think it is completely unfair if they have gone beyond the deadline and managed to tear my WS apart in the meantime. Surely that cannot be acceptable.

Umkomaas

Spencerdog123 wrote: »

Im going to check the witness statement because it will be in the post at home. I think it is completely unfair if they have gone beyond the deadline and managed to tear my WS apart in the meantime. Surely that cannot be acceptable.

If there's only a two day difference between the respective receipts of both Witness Statements, I doubt there'd be much time to 'tear your WS apart'. I'm sure they wouldn't have deliberately delayed theirs to do this.

But, when you've read their WS, see if it is the case.

I don't think you'll find the Judge much exercised by the minor delay - but they can be unpredictable!

Spencerdog123

Umkomaas wrote: »

If there's only a two day difference between the respective receipts of both Witness Statements, I doubt there'd be much time to 'tear your WS apart'. I'm sure they wouldn't have deliberately delayed theirs to do this.

But, when you've read their WS, see if it is the case.

I don't think you'll find the Judge much exercised by the minor delay - but they can be unpredictable!

So I have come home and it still has not arrived at all.

Along with my witness statement I sent a screenshot of the royal mail website, showing that excel had signed for the notice of address change letter (obviously it could still arrive tomorrow)

The screenshot obviously doesnt show the content of the letter but I had no other reason to contact excel at all other than to let them know of my address change.... Im guessing the next step would be to ring court again on Monday and let them know if it still has not arrived.

beamerguy

Spencerdog123 wrote: »

So I have come home and it still has not arrived at all.

Along with my witness statement I sent a screenshot of the royal mail website, showing that excel had signed for the notice of address change letter (obviously it could still arrive tomorrow)

The screenshot obviously doesnt show the content of the letter but I had no other reason to contact excel at all other than to let them know of my address change.... Im guessing the next step would be to ring court again on Monday and let them know if it still has not arrived.

Don't panic, you can prove Excel received it.
The courts are busy so keep trying

Spencerdog123

So if the court instructs me to write to the judge regarding the matter.

Surely they will not be able to display their wt and evidence when I have seen nothing of it. AND they were late giving theirs to court.

Im calling them at lunch time so will update