Fluttering parking ticket

Janetx

Hello Coupon-mad,
Yes the court is Swansea......and after reading your post we are very worried.....do you think....we should send your draft letter requesting a strike out and payment of our costs.....do you think the judge would get annoyed though?
  I read the helpful posts above....thank you for all your help everyone....... Unkomaas posted LIP £19 a hour......which probably means that my daughters calculation of her costs are slightly incorrect....and Le-Kirk.....I now realise that  the title is incorrect.......... however its too late now to change anything as all of these documents have already been filed with her Witness statement to the court and the claimant...  
Their Witness statement has two pages which has nothing to do with our case....obviously copied and pasted from another case...  also the post codes on their alleged contract are incorrect and do not match the exact location... they run a couple of car parks in this area........ also the name on the Witness statement that they act, for is different to the one on the alleged contract  and they are not the landowners anyway the Welsh Assembly are the landowners....anyone could have written that agreement....my daughter bought the ticket for 12 hours...........and left approx 4 hours before it expired.....  we still have the original ticket...... I feel so incensed with these people..... that I may take a risk and issue against them for discrimination regardless of  whatever happens with this case.....as these people are utterly despicable!
Its equivalent to  modern day Highway Robbery.......but with less class!
Thank you all

Redx

Welcome to our world , it's what the regulars here have been fighting for up to a decade

Coupon-mad

Yes the court is Swansea......and after reading your post we are very worried.....do you think....we should send your draft letter requesting a strike out and payment of our costs.....do you think the judge would get annoyed though?

Isn't it better, that a 'bad' and clueless Judge has to read something that might make him take another close look at what he has been doing up until now, rather than staying quiet and being the vicitm of a bad decision then kicking yourself that you didn't throw everything you had, at the case? 

Swansea Judges need educting by what other Judges have been doing.

DEFINITELY send it but add in (along with the other Orders and certainly the Southampton 6 page Judgment from DJ Grand) the new Caernarfon DJ Jones-Evans strike-out Order (yours is the very first thread I've posted it on for MSE, so you are the first to use that one). 

State in your planned covering email, that VCS and Excel are both owned by the same person, Simon Renshaw-Smith and so the two 'sister' parking firms are well aware by now that Judges in England & Wales are striking multiple cases out without hearings, for this cynical abuse of process which cannot continue to reach hearings unchallenged.

Also make sure your Orders include the EXCEL one from Skipton of course, and state that there is no transcript yet but the hearing in Feb 2020 resulted in the same as the Southampton case - i.e. the parking firm's barrister failed to get the cases reinstated due to the abuse of process and breaches of the CRA 2015  (as stated clearly by DJ Grand at Southampton, in the appended Approved Judgment).

Fruitcake

A few comments about the contract.

The landowner has not been named anywhere in the contract. 
There is no proof the company named on the contract is authorised by the landowner to form a contract with a third party. If there was one, it would have been produced. 
The contract has not been signed by Excel so there is no proof a contract was ever agreed.
According to section 44 of the Companies Act 2006, a contract is not executed (valid) unless signed by two authorised persons from both parties, or a director AND witness from both parties. Authorised signatories are directors and company secretaries.
The contract meets none of the strict requirements of said Act (the law).

https://www.legislation.gov.uk/ukpga/2006/46/section/44

The contract is dated 2016 but does not say for how long it will run, if/when it will be reviewed, or renewed. There is no proof the contract has not already ended.

According to the WS, signed as a statement of truth, the contract is with a completely different company, and no contract with that company has been provided.

Coupon-mad

The poster called gbbe has posted a DRAFT ORDER and I have added a few tweaks for his case:
https://forums.moneysavingexpert.com/discussion/6130699/witness-statement-served-nothing-received-from-claimant#latest

Copy and adapt his Draft Order that he posted today just above my reply there and read what I suggested, and you should be able to come up with your own version. 

Fight this head on - knowing the Swansea Judges are bad at PPC cases, is better than not knowing!

Fruitcake

DT Civils Ltd (company number 64569587) are a completely different trading company to DT Technical Solutions Ltd (company number 07197277) according to Companies House.
This should be brought to the attention of the court.

Both companies have Mike Sibley as a director who is also a company secretary of one of them, and both companies share the same address. I see no reason to mention this. It is public information available for the scammers to access if they wish.

Janetx

Have you come across this Judge Coupon-mad? But it may not be him if it goes to a hearing or will it?
Before District Judge Bennett sitting at the County Court at Swansea, Swansea Civil Justice Centre, Caravella House, Quay West, Quay Parade, Swansea, SA1 1SP. IT IS ORDERED THAT 1 The court having made multiple unsuccessful attempts via email and telephone to obtain contact details for the Claimant for the hearing the hearing listed for 17.4.20 is adjourned to a date to be advised. Unless by 4pm 7 days before the adjourned hearing the Claimant provides the court with contact details to enable the hearing to proceed remotely the claim will be struck out without further order. 2. Any party affected by this order may apply to have it set aside, varied or stayed pursuant to C.P.R. 3.3(5) & (6), and any such application must be made within 7 days of the date of receipt of this order. Dated 15 April 2020

Coupon-mad

Send a pm to @Loadsofchildren123 who is a solicitor poster here, quite local to you, but she hasn't posted since the forum was 'upgraded' and told me by email she can't stand the forum now (nor can I, but I continue to try).  Send her a pm and see if she has any experience recently of that Judge.  

Here's the good news. 
I searched my emails and see she told a group by email in 2017:

''Bennett seems to be the only sensible judge to get down here.''   

She mentioned Judge Peter Evans is not good on parking cases, and I found the bad decisions I was thinking of,  which AFAIK were NOT by DJ Bennett, but here is the bad Judge in action:


http://forums.pepipoo.com/index.php?showtopic=110469&st=0

http://forums.pepipoo.com/index.php?showtopic=110213

Long threads from 2016 till 2018 and not about your car park location by the looks of it?  Shockingly I see that Judge was swayed by the fact he 'always finds for Excel' and expected the driver to 'ask if it was a space' when parking...AND in 2018 he wanted to ''revisit decisions already made to dismiss claims re the Copper Quarter'', to change the decisions?!

Luckily, that's not DJ Bennett as I said!

You definitely need to urgently email, well withint the 7 days, and mark it FTAO DJ Bennett, because if LOC123 says he is the best one there then it's one way of getting him to read what you are saying, and to ensure it doesn't go into another Judge's casework.  You cannot risk it going to another Judge IMHO!  Strike while the iron is hot.

Le_Kirk

Coupon-mad said:

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

I read that judgment and it is a cracker, replacing the older one presumably in defences and witness statements.  I was amazed to see the judge write that it was "a penalty and not a genuine pre-estimate of loss."  I was so surprised I was looking for the reply button to tell him you couldn't use GPEOL anymore.  Does this mean it can be used in defence again?

nosferatu1001

OP - your costs assessment was confusing, as you have three sections when you cannot have 3 sections. You also stated 40 hours then claimed for more than that in the costs assessments
TO make it clear there is ONE document called a summary costs assessment, and you have ordinary costs - ovbiously nothing for mileage if you dont attend anywhere other than home - and costs for unreasonable behaviour, which is the bit where teh £19 an hour comes in.