Excel Parking Services- Appeal refused

Redx

Depends what the judge decides on the day , never second guess these matters and avoid speculation , if you read two dozen completed court cases from this year on here , you will find a wide variation in outcomes and decisions by different judges

As the song says

Qu! Sera , what will be , will be

Spencerdog123

Called them, they said as long as I hold up my side of the bargain everything should be okay. I have emailed a letter to them which they will pass to the judge. I still have received nothing. I have also retrieved old emails I sent to excel letting them know due to GDPR I am informing them of an address change. During this process I have had 2 address changes. The first one they acknowledged by changing my contact details and sending things to my new address.... 2nd time they have not acknowledged at all...

Towards the bottom of the email ( I have screenshotted and printed) it says if you fail to update address details you will be held liable for all costs and damages. Very happy I found these... As i had no intention of not receiving the claimants WS hopefully the judge lets me show these screenshots as evidence at the hearing if no documentation arrives at all. I feel a sense of relief

Spencerdog123

yeah so received nothing with less than a week to go. They are going to try and pull the fact they received no address change notice but hopefully the judge allows me to present evidence that shows I did.

They actioned an email notice of address change previously so there was nothing stopping me from re-using that method to let them know of another address change.

Coupon-mad

Very good!

Take a wage slip, and your costs schedule that you sent them already, so that you can claim your £95 capped loss of leave/salary and travel/parking at least.

How about also writing out all the unreasonable conduct to read at the end, so you can in fact claim punitive costs? It is a very high bar but if you are ready to pounce and read out a list of what the Claimant did in this litigation that was wholly unreasonable, a cheerful Judge might just allow your higher costs such as more than £95, and your hours wasted on all this at £19 per hour LiP rate, and your postage and stationery/printing costs.

Have that speech prepared.

Spencerdog123

Coupon-mad wrote: »

Very good!

Take a wage slip, and your costs schedule that you sent them already, so that you can claim your £95 capped loss of leave/salary and travel/parking at least.

How about also writing out all the unreasonable conduct to read at the end, so you can in fact claim punitive costs? It is a very high bar but if you are ready to pounce and read out a list of what the Claimant did in this litigation that was wholly unreasonable, a cheerful Judge might just allow your higher costs such as more than £95, and your hours wasted on all this at £19 per hour LiP rate, and your postage and stationery/printing costs.

Have that speech prepared.

Thank you.... I shall prepare what im going to say beforehand.... so it sounds fluent.... should I express the fact that I wanted to just pay 2 pounds to park? or do you think it has gone beyond this where I need to be focusing more on claiming for costs myself? rather than paying 2 pounds and ruling out the matter.

Im certain my evidence of letting them know about the address change is bulletproof. I cannot believe I have received nothing at all

Redx

Focus on your case and costs , the £2 is almost irrelevant now , unless asked by the judge or claimant in Court

Coupon-mad

I shall prepare what im going to say beforehand.... so it sounds fluent.... should I express the fact that I wanted to just pay 2 pounds to park? or do you think it has gone beyond this where I need to be focusing more on claiming for costs myself? rather than paying 2 pounds and ruling out the matter.

That's two different speeches!

When it is your chance to speak, you need to concentrate on your defence to the parking charge, why there was no contravention and that the signs are in such small print you cannot have agreed to the £100 parking charge, let alone the falsely added £60 costs, and at that point you take the Judge to your signage photos and the CRA 2015, and a printout quoting the 3 Beavis case quotes and the POFA para 4(5) (and DJ Grand's Order from Soton, that CEC16 is about to add to his thread this week, take that too!).

All of the above mean the £60 is an abuse of process, and the £100 is not payable either as there was no relevant obligation or contravention, or contractually agreed charge over and above £2 that you tried to pay.

Then the SECOND speech is a short list to grab with your costs schedule at the end, when you win, to rattle through the WHOLLY UNREASONABLE CONDUCT of a Claimant who added false costs that they knew or should have known could not be recovered, and didn't bother to comply with the court's directions re the WS, and flagrantly breached the GDPR by not erasing your old address and making sure you were served with their evidence to your current address.

It is all looking good if you can argue that well, you MIGHT get your hours of time granted and stationery/printing as well as more than £95 loss of a day's leave, if you are robust and confident about the final 'speech' and filed & served your costs schedule in advance.

Spencerdog123

if im honest I didnt go on too much about the 60 pounds false claim. Im guessing this is reagrding charges of an enforcement officer coming to my house to demand payment. and that being no recovery no fee basis? I will gather the quotes used.... and the ones you have mentioned. In the emails sent regarding change of address I did mention GDPR and all costs with be the claimants fault of the old address is used. I didnt get cra 2015 in my wt.... my fault.... I have filed for costs on my submitted in advance costs sheduled just less than the sum of 95 pounds

Coupon-mad

Im guessing this is reagrding charges of an enforcement officer coming to my house to demand payment.

No-one ever does that.

There is no 'enforcement officer' and no-one came knocking or will come knocking.

No need to guess - read CEC16's thread - you MUST get your head around the £60 argument, as damage limitation in case the Judge is against you. You need to read his thread to see that you CAN adduce the CRA 2015 on the spot for the first time at the hearing, as I did in Soton!

Spencerdog123

Coupon-mad wrote: »

No-one ever does that.

There is no 'enforcement officer' and no-one came knocking or will come knocking.

No need to guess - read CEC16's thread - you MUST get your head around the £60 argument, as damage limitation in case the Judge is against you. You need to read his thread to see that you CAN adduce the CRA 2015 on the spot for the first time at the hearing, as I did in Soton!

Thank you Coupon mad.

I am struggling to find CEC16 thread...

Not appearing in a search... i am planning on getting it all studied with a few lines to ready to read out including those quotes :-) get everyhting re-printed... I will let you know of the outcome