Excel Parking Services Ltd County Court Letter - Defence

Coupon-mad

Very good research, but replace all the points under 'Costs on the claim – disproportionate and disingenuous' with the ending from basher52's thread, or the current wording from post #14 of the Abuse of Process thread.

I can tell from your mention of Ladak v Locums that we don't use any more, that this ending is not the current suggested point about abuse of process/adding a false £60 to the claim. As seen in either of the threads I mentioned.

Apart from getting the current wording for that bit, your defence is fine.

painbl

Coupon-mad wrote: »

Very good research, but replace all the points under 'Costs on the claim – disproportionate and disingenuous' with the ending from basher52's thread, or the current wording from post #14 of the Abuse of Process thread.

I can tell from your mention of Ladak v Locums that we don't use any more, that this ending is not the current suggested point about abuse of process/adding a false £60 to the claim. As seen in either of the threads I mentioned.

Apart from getting the current wording for that bit, your defence is fine.

So should I add point 7 & 8 from your Abuse of process thread and exclude point 6 due to receiving no debt recovery plus letters?

painbl

Hi guys, I've had my hearing brought forward by a month to the 23rd September, which will now be a telephone hearing. I'm really starting to panic as I still haven't sent in my witness statement and the hearing is in 13 days!! Stupidly, I've left it really late, possibly too late.

Should I still look to submit a witness statement and hope that they'll accept it, or am I wasting my time?

Although it pains me to say it, I feel like throwing in the towel and paying up as I don't feel I'm in a particularly strong position with the case as it is.

Any advice would be appreciated.

nosferatu1001

Of ocurse you send it! Stupid not to. Yes, you should not have waited this long. 

Snakes_Belly

You have done the defence which is the most important. Send the WS today. There are numerous WS's on this forum from cases that involve VCS and Excel. Their WS is easy to challenge.

Don't be intimidated by their WS. Most of it is irrelevant rubbish.

beamerguy

painbl said:

Although it pains me to say it, I feel like throwing in the towel and paying up as I don't feel I'm in a particularly strong position with the case as it is.

Any advice would be appreciated.

Continue, you have come too far and put in a lot of work.

A telephone hearing is simple compared to actually going to court.  Make sure you have a crib sheet so you don't forget anything

If you lost, the extra you would pay against settling now is minimal.  Why would you lose though, Excel are not court favourites and their sister company VCS are having a rough time right now. Meaning it will be the same old rubbish

Don't give up now
Remember, EXCEL might be thinking the same right now as they know their chance of failing is very high

painbl

Thanks for your support. I'll get the WS completed and sent in today. Like you say, I spent so much time on this, it literally took me weeks researching and writing my defence.

beamerguy

painbl said:

Thanks for your support. I'll get the WS completed and sent in today. Like you say, I spent so much time on this, it literally took me weeks researching and writing my defence.

Then my friend, it onwards and upwards
At least with a telephone hearing you can sit in your PJ's with a glass of wine

beamerguy

Snakes_Belly said:

Don't be intimidated by their WS. Most of it is irrelevant rubbish.

Madam Snake ..... fancy saying that about that fella ... what's his name ..... OH YES ..JAKE ? 

Snakes_Belly

painbl said:

Thanks for your support. I'll get the WS completed and sent in today. Like you say, I spent so much time on this, it literally took me weeks researching and writing my defence.

The defence is the most important document. I don't know if the judge in my case actually read my WS. He was referring to the defence most of the time. 
WS is useful for supporting documents.