Excel Parking Services have taken me to the small claims court

Redx

By all means ask for help with your witness statement , after you have posted it

But you were asked to post your defence , word for word , you have not done so , but earlier you asked for assistance with your defence , which I realised was already submitted and can't be altered

My point ? You should be aware of where you are at and post accordingly , after you have posted what we haven't seen first

That is helping you , even if you fail to understand why

Your explanation of your defence is not a defence , it's a witness statement masquerading as your submitted defence, not the same

An example of an actual defence is posted near the top of this forum , read it and compare it to your defence to see the difference

Then post your actual defence , word for word , below , followed by your draft witness statement

Fruitcake

JonnyBravo10 said:

No I've still got the witness statement, I've not returned it yet and I have until 25th of June to do so.

I'm just asking for help here, not the kind of response you have provided, how is that helpful to me?
I was confused when first posting which is why I was maybe mixed up in relation to the defence and WS.

Answering the questions you have been asked is helpful to you because we might be able to work out what has happened so far and might be able to guide you in the right direction.
Pointing out your mistakes and asking you to correct them is helpful to you because it will help you to understand what has been done wrong and how to put it right.

If you want the help of some of the most experienced regulars who have posted on this thread, answer all questions that have been asked, and do everything that has been suggested.

We have no idea of the exact words you put in your defence. A brief summary doesn't help if you have only included some of the points that are crucial in a court case. You may be given incorrect advice, or not be given critical advice because we don't know what has happened beforehand. It is in your interest to help us to help you.

JonnyBravo10

I totally get what you are saying and I more than appreciate all comments, I just felt that one of the latter responses was pretty blunt and harsh.
Please see below my previous defence statement:

I am disputing this claim because I have acted within the terms and conditions of the contract entered into when parking on land owned by Excel Parking Services. Excel Parking claim that I breached the terms and conditions of the contract due to not clearly displaying a valid ticket/permit. However, I did clearly display a valid parking ticket on my dashboard which was clearly visible through the windscreen. the parking attendant actually took a photograph of the ticket which you will find on one of the previous claim letters issued to me by Excel. The photograph Excel provided is very small therefore requires a zoom to visually see my valid ticket. This would have been clear to see for the parking attendant at that time but it seems he either missed the ticket or maybe felt that the ticket was not placed correctly? This I Don't know but can only assume. Should it be the latter, the reason for this could be due to the high winds upon opening or closing my car door which resulted in the ticket blowing to the side of the dashboard and becoming placed between the side panel and the dashboard itself (this I realised when returning to my car). Luckily for me the ticket and details of purchase were still clearly visible on the dashboard to be seen through the windscreen as it had placed with ticket details viewable. If it had placed the other way around with the back of the ticket facing the windscreen then I would have totally accepted this claim. The last thing I wanted is for the situation to have got this far with the threat of court and bad credit but I fell extremely hard done by as I have done exactly what the terms and conditions advise. Also, the terms and conditions do not advise if there are certain areas of the dashboard that a ticket should be placed, therefore the fact that my ticket became lodged at the side of the dashboard does not mean that I have breached these terms and conditions, because the ticket was still visible through the windscreen. If you zoom in on the photograph supplied by Excel you will clearly see the date of purchase. The parking attendant would have had a perfectly clearer view of the ticket than the photograph itself. In light of the above evidence I can also confirm that I am still in possession of the ticket should this be required for evidence. Please accept this information along with the photograph supplied by Excel parking as sufficient evidence in defence of this claim. I feel extremely hard done by with it getting this far as I have acted within the terms of the contract and cannot see a reason why Excel feel I have not done so. The question raised is - Did I clearly display a valid parking ticket on the dashboard which was clearly visible through the windscreen? The answer to this is - Yes I did. And to back up my answer as confirmed above, the parking attendant actually took a photograph through the windscreen of the valid ticket.

Redx

ok, so harsh or not, you have now done what you were asked to do and posted the submitted defence, so you cannot get help with it because its already been submitted and is already on file (even though the above is a witness statement masquerading as a legal defence , which it is not)

now post your proposed WITNESS STATEMENT (as asked for already) and include the list of EXHIBITS and SUMMARY COSTS ASSESSMENT below (3 SETS OF ITEMS in your BUNDLE, not just your WS), then people can assist you in honing it due to a not very good defence statement before you came here for assistance

you need to think about what they are accusing you or the driver of, your response and any supporting evidence such as maps, signage , land ownership , laws like the CRA 2015 etc

JonnyBravo10

From my point of view it’s not a case of poor signage etc it’s simply a case of I believe my ticket was clearly visible through the front windscreen whereas Excel believe it was not. So you’re telling me that for the small claims court to support my claim I’d have to complete all the info you have advised? And look, I’ve never been confronted with this scenario before hence my ignorance to the procedure! So what you are saying is the small courts can be swayed by a load of legal evidence rather than deciding for themselves whether they feel my ticket was clearly visible or not via my description and photographic evidence?

JonnyBravo10

I don’t know you from Adam mate and you’re asking me to post every single piece of evidence. How do I know this is legit? Yes I’ve asked for help on this site however with the aim of guidance and support rather than ‘as asked for already’ and little digs here and there. Yes my defence may have been poor however as explained it’s all new to me and I’m just an innocent citizen giving clear and honest info around my case. Do people win these cases by just submitted a WS similar to my defence? That’s what I need to know for starters!

beamerguy

Jonny ....... are we legit ????  too right we are, we are the biggest pain in the backside of these scammers.   Go with the flow, answer the questions and when you win, you will understand why all the questions.  

YES of course people win with a well presented WS plus the greed and stupidity of the idiotic legals and ........ court judges who are also sick to death of the scammers

So please help us to help you OK

Redx

As above , because you have asked for assistance then your counsel need all the facts and yes you should do what we have asked you to do , same as everyone else who comes here for help, if this were a criminal case your lawyer would expect the same from you and from the opposition

It's your choice , either do what we ask , or don't , but getting ratty won't help

If you want a chance at winning , it's what you have to do , even if you don't like it
Read other court case threads , they have to do the same

If you don't want to assist us , then walk away and go it alone

JonnyBravo10

My only concern guys is that I would be posting all my evidence on here available for all to see, including parking companies who I am sure keep an eye on these threads?

beamerguy

JonnyBravo10 said:

My only concern guys is that I would be posting all my evidence on here available for all to see, including parking companies who I am sure keep an eye on these threads?

Of course they read this forum, how else can they find out where the next spanking will come from.

No harm as long as you do not ID yourself