Excel / myparkingcharge Final Demand

Le_Kirk

Just raise this as the first point of business when the case is heard.  Whether or not it will help you will depend upon the judge on the day.

myparkingchargevictim

Hi all,

It's been a while since I've even thought about this case with everything going on. I've had some close relatives affected by COVID so naturally, my concentration hasn't been on the ball with settling this parking case.

As explained earlier in the thread, I've been living at two addresses (one perm and one term-time as a student). I received correspondence at my term-time address to explain the hearing has been bought forward towards the start of September (from October)  explaining due to COVID, the case will be heard over a conference-style call using "BT Meet Me".

I've received in the post to my perm address, a copy of the Witness Statement from Excel Parking. It's lengthy at 41 pages which includes pictures of bright signage and other "signage artwork" as it refers to it as. 
It explains that the £60 added is a debt recovery charge which is supposedly in line with the IPC Code of Practice. However, my defence states that wording on debt recovery sites will state no recovery/no fee. Thus this point is irrelevant, right?

The WS also stated that they did not receive a copy of my defence, even though I had posted it to Excel and to the courts separately. The courts sent me a copy, confirming it had been received. Is this a usual ploy to almost "act dumb" by Excel?

The WS puts emphasis on the ParkingEye vs Beavis case as a means to pursue the full PCN. 

Now that the date of the hearing has been bought forward, it's just over 14 days until the hearing date and so therefore I will be writing my WS now using as much of the resources I'm able to find on the threads here.

KeithP

It seems rather strange that you have received the Claimant's Witness Statement yet you are just now heading towards thinking about getting around to writing yours.

Look again at the Notice of Allocation - the Notice that gave you the hearing date in October.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those documents you intend to rely on are your Witness Statement and evidence.


It won't help that you are juggling with two addresses - a recipe for disaster.

myparkingchargevictim

KeithP said:

It seems rather strange that you have received the Claimant's Witness Statement yet you are just now heading towards thinking about getting around to writing yours.

Look again at the Notice of Allocation - the Notice that gave you the hearing date in October.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those documents you intend to rely on are your Witness Statement and evidence.


It won't help that you are juggling with two addresses - a recipe for disaster.

Yes you are correct. I've been a bit all over the place as of late so haven't been on the ball with preparing for this.

The latest form states all documents should be emailed to the county court at least 7 days prior to the hearing. I will get it prepared asap. I've honestly lost a bit of will and hope these last few months and I haven't been the best mentally but will try to restore that in light of this.

To make matters worse now, I'm now back at my perm residence as term is over. Will email the courts when I send over everything to notify them.

KeithP

The latest form states all documents should be emailed to the county court at least 7 days prior to the hearing. I will get it prepared asap.

But what date did the earlier Notice of Allocation state?

The latest Order does not replace the earlier Notice. It is an additional instruction.

Coupon-mad

The original Order has the real deadline and EXCEL have complied with it.  It is NEVER seven days.

myparkingchargevictim

KeithP said:

The latest form states all documents should be emailed to the county court at least 7 days prior to the hearing. I will get it prepared asap.

But what date did the earlier Notice of Allocation state?

The latest Order does not replace the earlier Notice. It is an additional instruction.

Yep I've spotted that sentence on the back now. Under point 5 "no later than fourteen days before the hearing"

myparkingchargevictim

Interestingly, reading further into the claimants WS, it states 
"The claimant affixed a card to the Defendant's vehicle informing the Defendant that he may have breached the T&Cs of parking"

This was definitely not the case. No card was affixed and only learned about this alleged contravention some time after (due to residing at my term address when the letter was at my perm address). I wouldn't have had the opportunity to read these NTK's or anything

Coupon-mad

Are you just in time and have you read umpteen zillion other witness statement Excel or VCS threads?

Everything is standard.  We've seen it all before and the god thing about a forum like this is, so should you have done, by reading other similar VCS/Excel court threads.  Their WS is a template and also, writing yours is really simple, as is putting together your evidence and exhibits. 

I BEG YOU (pleeease...)  NOT TO POST THEIR STUPID TEMPLATE WS AND ASK HOW TO RESPOND. 

This is literally covered every week, everywhere on every VCS or Excel thread.  Read any.  Also read the NEWBIES thread about WS and evidence stage as I give plenty of pointers and examples of what a decent WS looks like.

KeithP

myparkingchargevictim said:

...(due to residing at my term address when the letter was at my perm address). I wouldn't have had the opportunity to read these NTK's or anything

You really need to get this address business sorted out.

You do understand, don't you, that if your vehicle was involved in any sort of traffic incident, speeding, dangerous driving, etc., then any documentation/summons would go to the Registered Keeper's address? Any failure to respond could have serious consequences.