Fluttering parking ticket

Janetx

Hi Coupon-mad, you advised above the following............. 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................do you mean that we have to file the Defence again to the court?  I am not really sure what a case file PDF is? or the Draft Order............ 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....Sorry for being dim!
I just also want to say thank you to you for all your help...

Redx

Due to c19 you need to read this thread from the beginning

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

Especially read the advice by coupon mad and bargepole

The defence is emailed to ensure the presiding judge gets it , plus the documents are agreed and reduced and the whole case presented as one case file in pdf format plus word docs etc as required , a Adobe file is a pdf doc and a word file is docx when completed and saved

New systems are requiring new approaches , despite the paperwork having been done

The changes are due to c19 and it's either adapt or fail , we are all learning in this extraordinary time so in 3 to 6 months time we can all look back in hindsight , but you are preparing for the here and now

nosferatu1001

If a telephone hearing does go ahead, the judge will not have the bundle you already posted into the court
it wil need sending, with the defence, as above. 

Janetx

Also Excel witness statement was 21 pages long, two of these pages had nothing to do with our case and had obviously been copied and pasted from a standard witness statement that they must use all the time.  Even though it took hours to read their witness statement it was a good job we did! I cannot believe that  the courts let them get away with all these things!

Fruitcake

Janetx said:

Also Excel witness statement was 21 pages long, two of these pages had nothing to do with our case and had obviously been copied and pasted from a standard witness statement that they must use all the time.  Even though it took hours to read their witness statement it was a good job we did! I cannot believe that  the courts let them get away with all these things!

You need to pick holes in every point made by the scammers, including the stuff that is not relevant as it is a waste of your time as well as the court's.
If VCS are mentioned anywhere (because sometimes the scammers forget which company has the parking contract) then point out that this is a completely different company registered at Companies House, and sharing your data with another company is a data breach.
They have also been known to include someone else's personal data from a different case.

D_P_Dance

 sharing your data with another company is a data breach.

And  a reason to read a counter claim.   

Janetx

Its too late for a counter claim I'm afraid.....as this needed to be served at the time of the Defence.......which we didn't realise at the time.........it was only last week that the court confirmed that if we wanted to counter claim should have filed at the time of the defence.....and if we wanted to serve a counter claim now its £225.00 ...........this is all awfully tricky for ordinary people who are trying to resist these unjust practices.....because its all so scary from the time of the claim form's arrival.... its total panic.....made even worse by trying to read and understand everything and trying to make sense of things.... and then trying to write a competent defence and then filling the defence in the given time frame....... everything is so rushed and very stressful  I don't know what would happen if this site didn't exist.....SO GRATEFUL TO YOU ALL FOR YOUR TIME AND PATIENCE!
 We asked the Judge in the Witness statement for compensation/damages under the Equality Act 2010 for discrimination however we don't know.......... if this is allowed under the court rules? I suppose we will find out at the hearing.....and  if that's the case then I may think about filling a new claim against them for discrimination against my daughter under the Equity Act...and use all of this case as evidence? I have no idea if this is even  feasible

Le_Kirk

Redx said:

Due to c19 you need to read this thread from the beginning
https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here#latest
Especially read the advice by coupon mad and bargepole

Good advice from Redx, this link takes you to the beginning of that thread: -
https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Fruitcake

Anyone cam submit a small claim at any time, for anything. If you win your current case then you will have further ammunition to add to your own claim against the scammers.

Janetx

I accessed the Landowner details online for £3.00 with the Land Registry. This did take me absolutely ages to check and re-check that the location of this particular car park is  correct..... this is the SA1 car park in Swansea Docks that is accessed off the big roundabout at Langdon Road Swansea and is oppostie The Becon Health Centre and the Driving Standards Agency .... it is the old Prince of Wales Dock. Not to be confused with the address given by Excel of Kings Dock road ( I think that is the other car park further down the road).
Excel have no planning consent for the parking signs...( I have checked with Swansea Planning) which I think is refereed to as advertising signs.... and the name DT Civils Ltd of Rassau Industrial Estate, Ebbw Vale NP23 5SD  that is shown on Excel's agreement   called Contract Statement of Authority, which quite frankly could have been written and signed by anyone,  and which formed  part of their Witness Statement........... is not the Landowner, the Landowner is the Welsh Assembly.  The name on the agreement  is slightly different to the one given in Excel's Witness statement. There is a further lease to Hale Homes as they have planning consent to build houses on this particular site.....However, this has all come to light  after we have submitted my Daughter's Witness statement and all our evidence exhibits to the court.