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Fluttering parking ticket

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  • Janetx
    Janetx Posts: 114 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Here is the copy of the contract that was included in the WS from Excel Parking.
    I think we have only 7 days to request for the hearing to be struck out, is this what I need to do or should I wait and let the court arrange a new hearing and let the case be heard?
  • Janetx
    Janetx Posts: 114 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    edited 20 April 2020 at 12:54PM
    page 1 of Excel alleged contract...in their wit statement they refer to DT Technical Solutions Ltd yet in this document its DT Civils Ltd
  • Janetx
    Janetx Posts: 114 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    edited 20 April 2020 at 12:53PM
    page 2 of Excel alleged contract.....I think the post code on this document maybe wrong...as this post code relates to the left side of the roundabout..........   
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    So obv highlight that issue...
  • Janetx
    Janetx Posts: 114 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    edited 20 April 2020 at 12:59PM
    Hi Fruitcake,
    Please see copy of Excel's alleged contract above..... 
    If we send Coupon-mads letter and the strike out is accepted by the court would we loose the right to claim our costs? 
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    No. Of course not. 
    YOu never lose the right to ASK for costs, which is all you can ever do. Ask. Even if there is a hearing. 
  • Janetx
    Janetx Posts: 114 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Sorry just to be clear.......if we send Coupon-mad's draft letter to the Court asking the court to strike out the claim, we can still ask for our costs which  amount to
    DEFENDANT'S SCHEDULE OF COSTS


    Ordinary Costs


    Loss of earnings/leave, incurred through attendance at Court 17/04/2020 £42.30

    Return mileage from home address to Court 8 miles x £0.45) £1.80

    Parking near Court £5.00

    Sub-total £49.10



    Further costs for Claimant's unreasonable behaviour, pursuant to Civil Procedure Rule 27.14(2)(g)

    Research, preparation and drafting of documents (40 hours at Litigant in Person rate of £15.79) £631.60.

    Stationery, printing & photocopying: £15.00

    Sub-total £646.60

    £ 695.70 TOTAL COSTS CLAIMED


    Summary Costs Assessment


    Time writing defence – 25 hours

    Writing the Witness Statement - 20 hours

    Researching and obtaining evidence - 30 hours

    Understanding the CPR – 10 hours



    I have spent a significant amount of time researching cases, reading judgements, as I am not legally trained it has taken a great deal longer to digest. However, I will not be claiming for all the hours, that I have spent researching and defending this claim.



  • Umkomaas
    Umkomaas Posts: 43,348 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    LiP rate = £19. 
    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
  • Le_Kirk
    Le_Kirk Posts: 24,539 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    It's now called a Summary Cost Assessment.
  • Coupon-mad
    Coupon-mad Posts: 151,659 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 April 2020 at 7:40PM
    I see the car park was in SA1, really hope your local court is not Swansea.    Please say it's not...

    Swansea Court has been shown on this forum to have terrible Judges, who don't get the issue with parking firms and do not listen to Defendants or apply the Consumer Rights Act properly to these cases.  One crusty old Judge even started telling the D that his daughter lives/parks at the residential car park in question and that it ''needs parking management to stop rogue parking'', then he found in favour of the parking firm.

    If it is, I suggest adding this Caernarfon latest strike out against VCS and hope Swansea in the South take note of what Carnarfon Judges are doing in the North-West of Wales against VCS who are owned by the same person as Excel Parking:

    https://www.dropbox.com/s/4vlhwbujltz8zkb/caernarfon-moran-strike-out.jpg?dl=0

    DJ Jones-Evans is not a happy bunny with VCS!  I really hope you are not stuck with Swansea Judges.  It will be your job to win the Judge round if so, like pushing water uphill.
    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:
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