Excel Parking Services- Appeal refused

Spencerdog123

nosferatu1001 wrote: »

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.

Ok, thanks, I dont have a piece of paper, in court the judge asked the excel rep when could the money be handed over and when can the witness statement be delivered to the correct address? The rep replied 21 days to both questions. So i guess just a courtroom promise.

I suspect that because excel have not met previous deadlines at all or followed courts orders that this will be the final nail in the coffin. The judge was apparently finding it 'difficult' to decide whether to strike out or adjourn, this time i feel they wont be as lucky. Im going to send a letter into the court to advise them that excel have once again failed to follow directions.

nosferatu1001

Do that, and ask for a formal Order form the court stirking out the claim and granting you your costs

You could add that this is furthe rexamples of unreasonable behaviour, from a serial litigant that is fully represented at all points, and ask if the court will consider this to have reached the bar set in CPR27.14(2)(g) such that they may grant you your further costs, representing yours and the courts wasted time.

then list the broken down by stages (write defence, write WS, gather evidnec,e printing, delivery, etc) set of costs youhave to hand. Any TIME costs are at £19 per hour OR PART of an hour.

Spencerdog123

Sent a letter with the above context to the court. Still no documents from claimant ha.

Guess I shall have to wait for another court date to see what the outcome will be

nosferatu1001

What was their deadline? Your thread is confusing.
They were ordered to do WHAT and by WHEN. Make it really, really clear. No waffle

Spencerdog123

They had to provide the Witness statement. 21 days after the 18th of December.

They had to pay me loss of earnings from the previous court date BY 21 days after the 18th December

I still have not received anything at all.

Spencerdog123

My Adjourned Hearing on the 18th of December.
Excel filed a letter of discontinuance with the court on the 30th December and told them that they had sent me it too. Which they had not at all.
If I hadn't of called in confusion and frustration today then I would have been left to rot.
I have had to provide a reply to the court via email of not receiving any letter of  discontinuance. 
It will now escalated straight to judge apparently. They had never sent me the Witness statement or the loss of earnings from the 1st adjourned court date. So daft, bottle jobs!!!

Spencerdog123

Im not backing down and I'm going to look for payment of my costs schedule and loss of earnings from 1st pointless court date