Excel & Elms CC Claim - Abuse of process

Jenni_D

You should have enough time and posts now to be able to edit your replies. No need for multiple replies.

Multiple posts is a sign of someone panicking ... take a breath, calm down and think things through.  

Jackobi

That obvious is it, sorry doing breathing exercises now while printing out my WS.

Thanks Jenni, your fab! 

Jackobi

That obvious is it, sorry doing breathing exercises now while printing out my WS.

Thanks Jenni, your fab! 

patient_dream

Jackobi said:

That obvious is it, sorry doing breathing exercises now while printing out my WS.

Thanks Jenni, your fab! 

It is Excel who should be taking breathing exercises . In your case the judge is aware.

Excel and their sister company VCS has form in court.
Tonight, you need to write a crip sheet listing everything you have been told. A crib sheet is your memory jogger on each and every point

The judge will start with EXCEL, so listen carefully. The judge will then turn to you for your side. 
The judge will not object when you read from your crib sheet

Of course you refer to the fact the they have not sent you a copy of their WS. You will also refer to the fact that Excel added charges that government has banned
PLUS all other as advised on here

If the judge asks where did you hear that added charges are banned, ... it is part of the new government code of practicr to clamp down on the private parking industry

Don't forget your cliam for costs, most times you will be awarded £95

Good luck in court, it's actually good fun and you have enough info to zap Excel ...... as many do

Coupon-mad

This will all be dealt with at the hearing.  Don't forget to ask to speak about your wasted costs and to say how the Claimant has acted 'wholly unreasonably' and as such you ask the court to grant your FULL costs on the indemnity basis.  

If you suddenly get told they've discontinued in the last 24 hours, ask to go in and see the Judge to claim your wasted costs on the spot:

(a) at the very least, for standard witness costs for attendance at Court, pursuant to CPR 27.14, and

(b) for a finding of unreasonable conduct by this Claimant, seeking costs pursuant to CPR 46.5. 

27.  Attention is drawn specifically to the (often-seen from this industry) possibility of an unreasonably late Notice of Discontinuance. Whilst CPR r.38.6 states that the Claimant is liable for the Defendant's costs after discontinuance (r.38.6(1)) this does not normally apply to claims allocated to the small claims track (r.38.6(3)). However, the White Book states (annotation 38.6.1): "Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(dg))."   

Jackobi

Thank you for all the last minute support guys, will let you know how it goes.