County court claim form from excel parking services

Caspar7

It was in Nottingham court with judge Lam. I was pretty nervous but thankfully the judge was really nice.

Before going into the court the claimant approached me and told me the judge wouldn’t be very happy I had brought my baby and asked where I planned to put her when we were in the hearing. I told her it was fine and the judge didn’t have an issue with it and to leave me alone. She didn’t try to settle or anything beforehand.

When we went into the court room I asked the claimant if she was from elms legal and she said “yes does the defendant have an issue with that” I was like no not at all. Was wondering if you could explain why you’ve sent me a letter saying I’ve got a ccj and that I now owe £275? Well she was flustered and it was wonderful. She said that her and Simon set up elms legal together and she didn’t understand why the letter was sent. The judge said this was a very aggressive letter and also asked why it had been sent to me when no ccj had been issued against me. 

Upon going into court it became apparent that excel hadn’t served me the same documents they’d served the court which didn’t go down well. The elms legal representative didn’t have my defence, witness statements or exhibitions with her either so look like a bit of a muppet. 

The judge dismissed on 3 counts. The firs being unclear outdated signs (the signs they had provided photos of were a year prior to the contravention with different pricing) the judge also pointed out that the signs say 5 minute grace period which goes against the code of practice that they claim to abide by in their witness statement. All the evidence of the signs was small and blurry so the judge asked the claimant if she could read them to which she said no and then the judge said if you can’t read them then how do you expect the defendant to?

 The second reason was for grace periods (I overstayed by 11 minutes) the judge didn’t deem this an unacceptable amount of time worthy of a £160 fine. 

The 3rd reason she raised was the unlawful additional £60 and she pointed out to the claimant that at most they could claim £100 and not the additional. 

The judge allowed my parking and travel claims but discounted my research and printing claims as said in small courts normally people cover their own costs so excel have 14 days to pay me £32.  

Baby was very well behaved thank goodness as it was a very long day all in all for her. 

Massive thank you to everyone who has helped me on this thread! So glad to see the end of all of this now and hopefully my case can help support someone else in the future! 

D_P_Dance

They have wasted your time, now waste theirs.  Ask them to reimburse you for your time at £19 an hour plus stationery postage and printing costs..

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/making-a-small-claim/

You have up to six years to make a claim.  

keypulse

Congratulations on your win and thank you for coming back with the court report.

Caspar7 said:

Before going into the court the claimant approached me and told me the judge wouldn’t be very happy I had brought my baby and asked where I planned to put her when we were in the hearing.

That seems to me a disgraceful way to behave. I don't know how people like that sleep at night.

beamerguy

Great report casper and what a very sad rep from Elms Legal

A fair old spanking for Excel, how can they bring such rubbish to court ??

The big concern right now is the letter from Elms Legal demanding money because they thought you had a CCJ ...... this requires an investigation by the SRA and if they fail to act it will be passed to Robert Buckland MP QC, Lord Chancellor and Secretary of State for Justice

It might be fun dealing with these down and outs wasting the courts time but when it comes to false demands for money and false statements, that becomes very serious.
Rather shows that Excel don't have a clue whats going on .. let alone Elms Legal

Well done Casper you spanked them .... onwards now to the SRA

You are now in the ABUSE OF PROCESS thread PART 2
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

Coupon-mad

keypulse said:

Congratulations on your win and thank you for coming back with the court report.

Caspar7 said:

Before going into the court the claimant approached me and told me the judge wouldn’t be very happy I had brought my baby and asked where I planned to put her when we were in the hearing.

That seems to me a disgraceful way to behave. I don't know how people like that sleep at night.

I agree, that was a really aggressive (and unlawful - Equality Act breach) thing to say.

Caspar7

D_P_Dance said:

They have wasted your time, now waste theirs.  Ask them to reimburse you for your time at £19 an hour plus stationery postage and printing. 

You have up to six years to make a claim.  

I already tried to claim for this in court but the judge denied it and said in small claims people pay for themselves? 

keypulse

Caspar7 said:

Baby was very well behaved thank goodness as it was a very long day all in all for her.

Not only did your baby girl behave better than the Elms rep, she probably knows at least as much about law, too. A credit to you

D_P_Dance

Caspar7 said:

D_P_Dance said:

They have wasted your time, now waste theirs.  Ask them to reimburse you for your time at £19 an hour plus stationery postage and printing. 

You have up to six years to make a claim.  

I already tried to claim for this in court but the judge denied it and said in small claims people pay for themselves? 

This is a different matter.  They have treated you dispicably.  You are not asking a judge for unreasonable behavour costs, under CPR, you are asking the PPC for damages. for the harm you have suffered.    A judge may well believe that you deserve them.  

beamerguy

D_P_Dance said:

Caspar7 said:

D_P_Dance said:

They have wasted your time, now waste theirs.  Ask them to reimburse you for your time at £19 an hour plus stationery postage and printing. 

You have up to six years to make a claim.  

I already tried to claim for this in court but the judge denied it and said in small claims people pay for themselves? 

This is a different matter.  They have treated you dispicably.  You are not asking a judge for unreasonable behavour costs, under CPR, you are asking the PPC for damages. for the harm you have suffered.    A judge may well believe that you deserve them.  

Hi Sir Dance,
Whether casper will want to go that far is up to her. However, you will be delighted to hear that we are following your passion of the SRA and the reply will be posted here

Stay virus free old boy .... maybe double up on your G&Ts for the time being

Le_Kirk

Good result Caspar and a great court report.