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Excel Parking Services - CLAIM FORM RECEIVED

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Comments

  • DB483
    DB483 Posts: 24 Forumite
    10 Posts Second Anniversary
    Hi All,  so sent off the W/S and bundle on time. 
    Have received a letter explaining that the hearing is postponed until a later date given the current situation. There are some options listed in the letter from the court as follows:
    - can the claim be determined by the judge without a hearing should write to the court if so.
    - can the claim be determined by remote technology. (video call etc) contact the court if so.
    - because the order is made without a hearing, any party may apply to set aside. (heard by telephone). 

    Do you guys think we ought to wait it out and attend the hearing? or do any of the above? 
    Thanks



  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Insist on a face to face hearing.  It costs the PPC a lot of money, and you have a far better chance of winning if you present your case well
    You never know how far you can go until you go too far.
  • Le_Kirk
    Le_Kirk Posts: 26,174 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    As above, I agree.
  • Umkomaas
    Umkomaas Posts: 44,331 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    A 'ditto' from me. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • DB483
    DB483 Posts: 24 Forumite
    10 Posts Second Anniversary
    Thank you all for your input
  • DB483
    DB483 Posts: 24 Forumite
    10 Posts Second Anniversary
    Hi everyone, so we previously pressed for a Face to face as advised and were advised we would get a date for the hearing in July. However, we have just got another letter from the court this week to say that it will be held either on paper or telephone. I assume thats with everything thats going on they are doing less face to face hearings? It does say you can opt for face to face still, but it says you have to have good reasoning etc, i will upload a copy of that section the letter. I worry that if we still press for face to face, will this go against us and be seen as being awkward? If not, what do we put as the ‘good reason’ they they will accept? Thanks 
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Have you read the many, many threads?
    Paper is terrible. 
    Telephone can be ok, but if for example you are on shifts as NHS worker, or you have children who need supervision and os you cannot have a quiet place to conduct the hearing, all of those are good reasons to sak fo rhte hearing to be adjourned until it can be a face to face heatring again. 
  • Coupon-mad
    Coupon-mad Posts: 160,813 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 June 2020 at 1:26PM
    The telephone hearings thread covers all this...and gives examples of what to send, both on page 10 and last week when I added another template for people to say 'no' to a hearing on the papers, and 'no' to a telephone hearing if they have no quiet room or are a keyworker.
    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
  • DB483
    DB483 Posts: 24 Forumite
    10 Posts Second Anniversary
    edited 10 September 2020 at 12:47PM
    Hi All
    Just wanted to say, thank you to all that helped. 
    To let you know Hearing completed by telephone, case dismissed within about 10 minutes. 
    The judge identified that they had actually issued the PCN too late so said we couldn't proceed any further. Awarded half a day loss of earnings to defendant which was no where near the summary assessment we put in but just glad to be rid of the stress! 
    we had actually considered the 14 day time frame but disregarded this as we thought they were in time (counting from the day after the alleged offence) however the judge was counting to include the date of the alleged offence - so they were 1 day too late. 
    Thank you again to each one of you for your guidance, help and corrections! all of it is appreciated.  
    Now we shall see if they actually pay within the 28 days! 
    :)
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