Excel Parking Services - CLAIM FORM RECEIVED

Coupon-mad

Show us the document!
 is this because i am identifying as the driver? Yep.

If so, would the need for the PCN/NTK to have been received within 14 days still apply?

Nope.

DB483

Thanks for clearing that up. 

I think ill have to remove #5 then as in my appeal to them initally i had identified as the driver i think! 

Redx

DB483 said:

Thanks for clearing that up. 

I think ill have to remove #5 then as in my appeal to them initally i had identified as the driver i think! 

Which will never happen again , lol

DB483

I know! I wish i had researched before appealing it! 

DB483

Here is the document as requested. 

Coupon-mad

OK so they say they have a lease but have failed to attach it, and they admit there are 'limited exceptions' (what are they, then, you can ask the Judge to muse...) and nor does that letter that the Claimant has signed themselves, include a map that proves how much of the site they actually lease.  Ten parking bays?  Twenty?  The whole site?  Cannot be assumed without the boundary map and lease...

All of this is for you to raise at the hearing in your submissions, to damn their evidence by saying to the Judge:

 ''Sir/Madam, can I draw your attention to the fact that the claimant appears to be expecting the court to accept a letter on their own headed notepaper, signed only by them, saying that they have a lease.  Yet they attached no copy of it, no boundary map, and nothing to show whether this is just the Claimant leasing, say, ten spaces - or the whole site (who knows).  This is not a document that reaches the evidential standard one would expect to show the details, maps, dates, definitions and exemptions let alone the 'limited exceptions' that they vaguely allude to''.   

Don't tip them off in the WS or they might patch the hole with the lease coming to you within days!

DB483

thanks CM 
so they did include a map (pic attached) but its not the best quality! Definitely havent provided a lease though or anything else along those lines. Just pics of signage which is also Poor quality actually different to what signage is there now 

Coupon-mad

Now that it is a standard map all PCCs, provide of the site and the alleged positioning of signs.  That is a terribly unclear version but it looks to me like there are entire runs of bay lengths with no sign 'dots' at all (even if you believe the dots).  And it says 'potential zone' in the middle whatever that means, and no-one has signed or dated it, so it;s a piece of rubbish and your own photos of what the signs (lack of) really look like in real lighting conditions, will be easier for the Judge to side with.

However, that is not a lease boundary map, which is what I meant.  So, who is to say for example, that bays 2 -21 where there appear to be no signs whatsoever, are not actually leased to Excel?  The point is, you have no idea and nor will the Judge. 

A lease does not automatically mean it includes the whole site, particularly not in a car park where different bays might belong to different landowners, and there is no lease map or definitions, nothing, except Excel's own word for it on their own letter!
  

DB483

Thank you 

So, i have removed #5 from the WS - other than that, do you think it is acceptable? 
Cost Summary Assessment this is what i have set out so far;

Claim No.: 

Between
Excel Parking Services LTD (Claimant)
-and-
(Defendant)
_____________________
DEFENDANTS SUMMARY COSTS ASSESSMENT
____________________

 

Personal Attendances – Loss of Earnings for attendance to court:

·       Mr  – 1 day = £68.52 (after tax)

·       (Lay Rep) – 1 day = £85 (after tax)

Other expenses for attendance to court:

·       Travel - £5

·       Parking: £2.50

Hours taken to research:

·       £19 per hour x 3 hours = £57

Hours taken to submit appeal:

·       £19 per hour x 0.5 hours = £9.50

Hours taken to prepare, type and file defence:

·       £19 per hour x 4 hours = £76

Hours taken to prepare, type and file witness statement and bundle:

·       £19 per hour x 6 hours = £114

Costs incurred from postage:

·       Defence £2.70 x 2 copies posted = £5.40

·       Witness statement and bundle £3.17 x 2 copies posted = £6.34

General Damages:

·       Stress and anxiety caused by unreasonable behaviour £100.

Total: £519.76

I will send a list of what i have included in the bundle too just to check if you think i have missed anything.
Thank you for your help

Coupon-mad

I'd take this off as you can't put this as costs:

General Damages:
·       Stress and anxiety caused by unreasonable behaviour £100.

You need to sign and date the assessment.

And bear in mind the list includes costs hat will only be awarded if you can reel off the unreasonable conduct of the parking firm in pre-and post-action conduct.  So write yourself a 'crib sheet' of bullet points re unreasonableness to sing for your supper at the end. 

Google unreasonable conduct litigation and read up on what is and isn't something the Judge will listen to.