Fluttering parking ticket

Coupon-mad

Did you provide your telephone number and your key documents as per the court Order, or didn't it ask?

Can you add a redacted (cover your name & address & claim number) copy of your Telephone/Skype Hearing Order to this thread so we can see what these Orders are asking people to do?  It will help us to help others as well as yourself, to prepare well for the 'hearing' in case yours goes ahead:

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here

Janetx

Hi Coupon-mad,
We submitted my Daughters  witness statement and all the numbered evidence exhibits directly to the court into their post box and have kept in touch with the court by email. We did not receive a court order regarding the conference call we received a reply to an email that we sent the court.  

Good Morning 

This case is listed for the 17th April at 10 am. Will this case still be going ahead or do think it will be postponed?

Thank you 

This was the Courts reply
Good Afternoon, 

Thank you for your email. 

We are currently reviewing our cases to see which are suitable to be held as a telephone hearing rather than be adjourned.  Priority is being given to those listed for next week and we will work through all cases in date order. 

As soon as a decision is made with regards to your case you will be notified and if suitable for a telephone hearing full details will be given regarding this.

 

Yours faithfully,

Janetx

And then another email from the court which said

With reference to the hearing listed on 17/4/2020 at 10am, we are trying to arrange for the hearing to be dealt with through Skype, however, we require a Skype for Business address to enable us to this.

 

Could you please let me have your Skype for Business address, this can obtained for free?

 

If you cannot forward a Skype for Business address, we may be able to deal with the hearing as a telephone conference instead. If this is the case, please let me have a telephone number that we can contact you on at the time of the hearing.

 

 

 

Kind Regards,

D_P_Dance

we are trying to arrange for the hearing to be dealt with through Skype,

I had a skype call with my daughter last week, the sound kept cutting out and the picture freezing.  How on earth would this be acceptable for a court hearing?  

Janetx

My Daughter set up a Business Skype address, which consists of an email address and and ID number and we sent these back to the Court by email along with her mobile telephone number
Hello
Please find Skype address for tomorrows hearing

Thank you

The court then sent and email back in the 11th hour yesterday 

Good Afternoon, 

Thank you for your email. 

Please find attached a copy of a letter that was sent to you previously. 

If you have any queries please contact the Court om 01792 485800. 

Yours faithfully

with this letter attached to it

General Form of Judgment or Order In the County Court at Swansea

 Claim Number XXXXXXXX Date 15 April 2020

EXCEL PARKING SERVICES LTD 1 st Claimant Ref EPSXXXXXXX

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

D_P_Dance

Read this

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/making-a-small-claim/

Janetx

My Daughter and I were wondering what to do next? Because if the hearing had gone ahead as normal and they hadn't turned up then it would may have been struck out. However, I was editing a reply to the Court  order which I inadvertently sent by mistake! DOH!
Below is what  I replied to the Court by mistake....... regarding the order by email regarding my Daughters costs and also if the Judge could award compensation/damages under the Equality Act 2010 to my daughter of £500.00.
As you can see it wasn't finished or approved by my Daughter and she is not impressed by my Senior moment!
She wanted to ask the Court why it wasn't struck out for their total lack of response to the Courts attempts to contact them? 
....................

Hello,  

I haven't previously received this letter dated 15.04.20  until just now, when it was sent to me by the court  at 4.14 pm  today on 16.04.20. 

I am not sure what this means? It states that this case has now been adjourned?   

 What happens to my claim for my costs? Do I have to make a request to the court for these or are they automatically awarded?  

 If there is another date arranged I will have to arrange for more time off work l as I am currently working from home in isolation.   I am high risk.  

What is very worrying is, Excel Parking Ltd's behavior in this matter!   

I had purchased a parking ticket on the day in question and I still have it in my possession and they know that!  

This persecution by Excel Parking is a total...... abuse of process....... and has caused me immense stress and emotional upset to me and my family! 

I am disabled and covered by the Equality act 2010. Excel Parking were well aware of this and have carried on regardless of the consequences. 

Therefore, I would like to respectfully ask the judge to award me Compensation of £500.00 under the Equality Act 2010, for Discrimination, as well as my costs! 

Under the Equality Act 2010 the amount of £500.00 is well below the veto scale  for  Discrimination and for the stress of it all.  

This frivolous disregard for the Law and the Courts, for which Excel Parking Ltd and their sister company Vehicle Control Services Ltd, are well known for, has has exacerbated my condition and made me very ill. 

I have also suffered  injury to my feelings and emotional distress which is covered under the Equality Act 2010. 

This was their reply
Sent: Fri, 17 Apr 2020 8:34
Subject: RE: Skype ID case number F2XXXXXX can you confirm receipt of this thank you

Good Morning, 

Thank you for your email. 

I can confirm that a new date will be set for a hearing and you will be notified of this in due course. 

With regards to the rest of your email I have passed this to the relevant section for them to respond to and thereafter to be placed on your court file.

 

Yours faithfully,

I just hope that I haven't upset the Court by my SENIOR email ERROR?

D_P_Dance

I just hope that I haven't upset the Court by my SENIOR email ERROR?

Small Claims Courts must make allowances for the aged, and the disabled.  The new telephone hearings are hugely discriminatory imo.  

Coupon-mad

I don't think it matters...! 

BTW my tip is, when drafting ANY email, add the recipient(s) at the end.  NOT when drafting, so if you hit 'reply' and want to start drafting that reply, remove the recipient emails before you start, make that a habit before you even type 'Dear'!

Please now read the Telephone hearings thread I started, because you will need to add your defence to that case file PDF and a Draft Order as per the email I advised, and you can add a sentence reminding the Judge that the Claimant has failed to engage in the hearing process, which is tantamount to not attending...

Don't pm me though, as I am inundated and can't reply that way!  Has to be here for all to see & assist.

Janetx

Hi Coupon-mad, Thank you for your reply and the advice regarding emails.....which is very helpful.  Referring to your advice above....  read  the telephone hearings thread.... telephone hearings......I physically posted by hand into the actual courts post box myself....my duaghters witness statement...and all the copies of all of our exhibits.....however because of the situation with the Corona Virus ,  we couldn't post these to Excel and had  to email the witness statement and the evidence exhibits to Excel directly on these email address's info@excelparking.co.uk  simonrs@excelparking.co.uk  (we also copied in the court email address so that they also  had a copies of our emsils to Excel) we asked Excel to confirm receipt but they didn't respond.