CCJ in default by Excel Parking, now dealt with by Elms Legal

Tycho6

@henrik777
All the information I have had from them since I discovered this matter is:
- Copy of Claim Form;
- 2x PDFs of what the signs at the car park supposedly said;
- Statement from the landowner (several years before I parked there) saying Excel can operate a car park;
- 2x overhead photos, one showing the car park and indicating where I apparently parked (which would appear to be a physical impossibility) the other showing the location a photograph was taken from; and
- photograph as mentioned above showing 2 cars, one of which is driving, neither of which are mine (or located anywhere near the point marked in the overhead photo.

My argument would therefore be they cannot provide any evidence I was present other than the reference to my registration plate in the Claim Form.  I would therefore have a real prospect of defending the claim and potentially also (b).

Coupon-mad

Plus the usual stuff (read the template defence).

henrik777

Tycho6 said:

@henrik777
All the information I have had from them since I discovered this matter is:
- Copy of Claim Form;
- 2x PDFs of what the signs at the car park supposedly said;
- Statement from the landowner (several years before I parked there) saying Excel can operate a car park;
- 2x overhead photos, one showing the car park and indicating where I apparently parked (which would appear to be a physical impossibility) the other showing the location a photograph was taken from; and
- photograph as mentioned above showing 2 cars, one of which is driving, neither of which are mine (or located anywhere near the point marked in the overhead photo.

My argument would therefore be they cannot provide any evidence I was present other than the reference to my registration plate in the Claim Form.  I would therefore have a real prospect of defending the claim and potentially also (b).

If it comes down to matters of evidence then that is a matter for a hearing, not a set aside.

If you are arguing, for example, there were no markings and you were been asked to pay for parking outside a bay then this would be a matter of evidence. I think a cursory photo of no markings would be more than adequate to meet the test. It shouldn't be about who has the best evidence at a set aside hearing.


However, a lack of evidence, is in itself not enough to give meet the test. Evidence comes just before a hearing and a default judgment is way before that step in proceedings.

But aren't you arguing defective service ?

Tycho6

Yes, I am arguing defective service, it was just whether I should file a further witness statement commenting on the documents/photos I have received in order to show I would have a reasonable prospect of defending the claim if the set aside was granted.

henrik777

Depends on what they sent. If it's a good/great point possibly. If it's nothing major leave it  but bear it in mind when you see how the hearing progresses.