Excel Parking Services- Appeal refused

Snakes_Belly

Don't worry about their tome of a witness statement. Most of it is irrelevant.

Spencerdog123

Advantage I have now is I know everything excel put forward. And they know nothing at all..... Gonna come back even more prepared next time.

Castle

Spencerdog123 wrote: »

He used an example of if a shop doesnt take card and you only have cash... you dont just walk out the shop and take the items for free.

Except that would be theft not breach of contract.

Snakes_Belly

Castle wrote: »

Except that would be theft not breach of contract.

Also buying something from a shop is not usually time critical. Parking often is if you have to be somewhere by a certain time or are catching a train.

RingGo takes some time to set up. You first have to open an account with them before you can pay. Everyone does not have a smart phone.

One of the problems I have with this company is their total lack of customer service. They do not perceive the motorists that use their car parks as customers.

There is quite a lot about their failure to maintain their equipment online. Google Excel and Keighley. I used some of the newspaper articles about their failure to maintain their equipment in my WS. The representative at the first hearing wanted to have these articles discounted and I said that I would oppose that. It never came to it because the case was rescheduled.

https://www.keighleynews.co.uk/news/15434580.battle-goes-on-for-motorists-fined-by-excel-parking-while-using-keighley-cavendish-retail-park/

Spencerdog123

Quick Update, In court, the representative informed both myself and the judge that my compensation for loss of work and The witness statement would be with me 21 days after the court date...

That deadline has now past, Heard 0....

Looks to be getting closer to check-mate??

Surely they cannot afford to miss more deadlines....

Coupon-mad

You should remind the parking firm, and threaten a Warrant of Control.

Spencerdog123

But if I leave them to completely ignore what they had promised and either provide these details very late or not at all. Then wouldnt that force the judge to drop the case. leading me to claim more expenses. and not having to pay anything at all?

nosferatu1001

So from what I gather there was an adjournment, so you have a wasted costs order yes?

I would write to the coutr, informing them that the claimant... has failed to comply with the terms of the hearing on X date, where it was agreed they would serve on you a witness statement showing... and additionally ay your wasted costs for attendance of the adjourned hearing within 21 days. You ask the court to sanction the claimant for this further unreasonable behaviour, noting they are professionally represented, and order that claim is struck out and your costs under CPR27.14(2)(g) allowed as follows....

Spencerdog123

nosferatu1001 wrote: »

So from what I gather there was an adjournment, so you have a wasted costs order yes?

I would write to the coutr, informing them that the claimant... has failed to comply with the terms of the hearing on X date, where it was agreed they would serve on you a witness statement showing... and additionally ay your wasted costs for attendance of the adjourned hearing within 21 days. You ask the court to sanction the claimant for this further unreasonable behaviour, noting they are professionally represented, and order that claim is struck out and your costs under CPR27.14(2)(g) allowed as follows....

Thank you for this response,

I shall get this sent off.

would my wasted costs order essentially cover my costs schedule (parking, man hours, printing) or do I include a figure of even more wasted time or possibly emotional damages?

Many Thanks

nosferatu1001

No, thats not what I asked

Do you HAVE a wasted costs order - ie, a piece of paper stating they owe you money? If not, then you dont have one, just a promise made in court.
How was the adjournment carried out? Did you have the courts order in writing at any point?

Not a flipping hope of "emotional damages". This isnt the US.