Napier Parking

Fruitcake

Mr Dance, you have already quoted Excel vs Wilkinson on this thread today.

Fruitcake

Beebee88 said:

Coupon-mad said:

 excel services v Adrian Cockshott.

Never heard of it and there is no transcript and it's not a precedent.  Why aren't you just using the forum TEMPLATE DEFENCE: top of this board?

Are you reffering to the link posted by KeithP?

The template defence is a separate sticky thread to the NEWBIES thread.

You only need to amend and post paragraphs 2 and 3 of the template defence here for the regulars to check.

Beebee88

KeithP said:

Beebee88 said:

KeithP said:

Beebee88 said:

The date is 23rd of March, I have acknowledged service via email.

With a Claim Issue Date of 23rd March, hopefully you filed an Acknowledgment of Service sometime after 26th March and before 12th April. Please confirm. Your MCOL Claim History will have the exact date.

With a Claim Issue Date of 23rd March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 26th April 2021 to file your Defence.

That's over a week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

i replied to the court email on the 5th of April.

I thought I had 28 days to file a defence from March 23rd ?

The back of your Claim Form tells you:

It goes on to say:

#Note to self: Duh of course

Much thanks

Beebee88

D_P_Dance said:

You now need to take this seriously, these companies can ruin your life.  

The amount they are claiming is likely to contain unlawful amounts, read this,

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

Thats a good one i'll use that. thanks

Beebee88

Fruitcake said:

Beebee88 said:

Coupon-mad said:

 excel services v Adrian Cockshott.

Never heard of it and there is no transcript and it's not a precedent.  Why aren't you just using the forum TEMPLATE DEFENCE: top of this board?

Are you reffering to the link posted by KeithP?

The template defence is a separate sticky thread to the NEWBIES thread.

You only need to amend and post paragraphs 2 and 3 of the template defence here for the regulars to check.

Will do cheers

Ralph-y

these are the bits to read

direct link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

and  

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph

Beebee88

Ralph-y said:

these are the bits to read

direct link to court section in newbies thread
.
https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

and  

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs#latest

https://forums.moneysavingexpert.com/discussion/6130456/telephone-hearings-re-parking-firm-claims-can-we-all-discuss-strategy-and-outcomes-here/p1

Ralph

Thanks mate

Beebee88

Hi guys so i have the defence done, not quite sure how to post it as it would be quite revealing.

Also, I'm not sure if on the defence I should lay all my cards on the table, as I've found they tend to press along with the case regardless, as I found out last year....a case in which I will seek assistance with soon.

What do you experts think?

Thanks

Le_Kirk

Post here for critique ONLY paragraphs 2 & 3 unless you have added any more.  We do don't need to see anything else as we are checking your work not that of @Coupon-mad as she wrote the template.  You need to put everything in your defence that you want the judge to see; you cannot add to it or alter it later.

Redx

Just post your adapted paragraphs 2 and 3 below , not the rest

It's best to assume that the case will go all the way to court , and plan accordingly

Your Defence should be concise and to the point , leaving doors open

Your witness statement plus exhibits etc is the time to elaborate , in several months time