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Excel Parking Services County Court Claim - Help With Defence Please

135

Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I note that within their statement, which they signed as a "statement of truth", they refer to £60 being within their T&C's ?? on their signs.

    Do you have pictures of the signs that clearly shows this £60 which is easily readable ?

    You no doubt have read other threads about ABUSE OF PROCESS and you should add this for the judge to read.
    These are not just comments from the forum, these are real statements by REAL judges

    This will apply to ALL companies/legals who abuse the system and an attempt to mislead the court

    https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal
  • Redx
    Redx Posts: 38,084 Forumite
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    good point , if they added on spurious charges over the £175 or so limit then add all OF the abuse of process paragraphs BY COUPON-MAD to the WS
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    Chaplair Ltd V Kumari relates to a case which involved a written contract and costs that were actually paid. They are using this case to justify their fake add on's. The cost in the Chaplair case related to management charges for a rental property which had been paid by the Claimant.

    Is there anything in the contract which says that you should have moved your car? I doubt it.

    Nolite te bast--des carborundorum.
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    edited 7 July 2019 at 12:15PM
    should have called the Helpline or found alternative parking.

    Where does it say that you should have moved your car and carry a mobile phone in the contract (terms and conditions)?

    Nolite te bast--des carborundorum.
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    The Beavis case cannot apply to a contractor because you had a legitimate reason to be parked on the car park.

    Nolite te bast--des carborundorum.
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    I would not worry too much about the Claimant's seventy page WS. Concentrate on the main issues.

    The advantage that you have over the Claimant is that you will fully understand the facts of your case and be able to maintain eye contact with the judge. The Claimant's representative will not be that familiar with the case and will faff about looking at their laptop or notes.

    Nolite te bast--des carborundorum.
  • Coupon-mad
    Coupon-mad Posts: 153,177 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You don't appear to have done this as there's nothing in your draft WS that looks anything like the versions your search will have found, where people have TORN APART VCS' case, sentence by sentence, in detail which is what we need to see from you:
    Coupon-mad wrote: »
    Same as all the other VCS and Excel Witness statement templates on other threads, already torn apart on other posts loads of times. You were expecting this, I hope.

    Rather than post here first, search the forum first. Pick a word from that WS such as a case surname (e.g. just the word 'Kumari') and search for that keyword here using ADVANCED SEARCH (show results as POSTS).

    Job done!
    No-one needs to tell you about Kumari or Vine v Waltham Forest or any of their case law because your searching will find it's already been done for you to copy.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Magpie2121
    Magpie2121 Posts: 30 Forumite
    beamerguy wrote: »
    I note that within their statement, which they signed as a "statement of truth", they refer to £60 being within their T&C's ?? on their signs.

    Do you have pictures of the signs that clearly shows this £60 which is easily readable ?

    There lots of signs around the car park. They are only clearly readable if you stand 2 feet away.

    Here's an example. The sign is pretty high up

    i5dd9w.jpg

    But if you go right up close to one of the signs, it reads as follows:

    28tgscp.jpg
  • Magpie2121
    Magpie2121 Posts: 30 Forumite
    Redx wrote: »
    good point , if they added on spurious charges over the £175 or so limit then add all OF the abuse of process paragraphs BY COUPON-MAD to the WS

    They are claiming £145 in total
  • Magpie2121
    Magpie2121 Posts: 30 Forumite
    I took some photos today of the site at which my car was parked. My car was parked in the area of the 3rd photo.

    They are claiming I parked in an area belonging to a client called TDR, although there are no signs anywhere to suggest this.

    1zw0kqv.jpg

    vhuf5h.jpg

    2qs4gox.jpg
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