Excel - Set aside WON & CASE WON - Excel defeated AGAIN!

Jenni_D · 5 August 2021 at 7:15AM

You realise that WP means any such correspondence cannot be shown in court, even when costs are being assessed? If you use WPSATC then you can show such correspondence during costs assessment (if you think they'll be to your advantage).

Without Prejudice Save As To Costs.

milkybk · 5 August 2021 at 9:03AM

Jenni_D said:

You realise that WP means any such correspondence cannot be shown in court, even when costs are being assessed? If you use WPSATC then you can show such correspondence during costs assessment (if you think they'll be to your advantage).

Without Prejudice Save As To Costs.

Ahh, yes I do know that but I wrongly assumed that if we agreed terms for a consented set aside that the case wouldn't go to court for the hearing.

Jenni_D · 5 August 2021 at 9:29AM

If it is consented and there's no need for a hearing then you're right ... but if it's not agreed and consented ............

Coupon-mad · 5 August 2021 at 10:21AM

Actually that’s very good and might help when it comes to discussing costs at the end of your hearing, as you can then show it to the Judge.

milkybk · 5 August 2021 at 6:31PM

@Jenni_D and @Coupon-mad - Haha okay soooo, we saying send it or not?

You'll have to forgive me, long day at work so I'm a bit out of it this evening.

Coupon-mad · 5 August 2021 at 10:52PM

Send it, I say!

henrik777 · 5 August 2021 at 11:37PM

Coupon-mad said:

I wouldn't waste any time on that letter! Bear in mind it is on a WP basis so you can't discuss it in court.

WP, that's very debatable. It's not a genuine attempt to settle. It's an attempt to get all the money they claim is owed, which in my opinion is not a genuine attempt to settle. WP is more about content the whether it has WP stamped on it. In this case it's worth diddly squat as far as i'm concerned, although it would be up to a judge to decide if it came to it.

D_P_Dance · 6 August 2021 at 8:22AM

Many years ago I had horrendous problems with a new car. whilst I was in Spain. The manufacturers offered to settle but it was a WP offer. I refused and opened a claim, they seetled out of court within days.

milkybk · 6 August 2021 at 4:37PM

Emailed them today, will let you know how they respond.

milkybk · 3 September 2021 at 2:35PM

Hello - Update time. I received an email and letter from Excel Parking today with their witness statement. Posting below in case it raises anything else I should prepare for, for my hearing at the end of this month.

Regarding his point of changing V05 addresses etc - it's moot, as I sold the car in March of 2017 (have the DVLA slip to prove it). So this wouldn't have made a difference later on, if they had ever tried to track down my correct address.

Interested in feedback from everyone.

Excel witness statement:

Image: https://us-noi.v-cdn.net/6031891/uploads/editor/oh/0akynwar50ly.jpg

Image: https://us-noi.v-cdn.net/6031891/uploads/editor/a8/3yi7m7wbofwn.jpg

Image: https://us-noi.v-cdn.net/6031891/uploads/editor/n0/k81a15io21ee.jpg

Image: https://us-noi.v-cdn.net/6031891/uploads/editor/xj/40y5bc1jivdg.jpg

They also included a "status log":

They then included my rejected appeal:

They also included a copy of their original PCN letter (which is the first time I had ever heard of the charge). This letter is the only correspondence I ever recall receiving from them, which is when I appealed (image above). They never provided me with any further photos etc, after multiple requests:

Finally, they included images of the car park and signs etc. This is the first time in 4 years they've provided this, even after multiple requests etc (and no replies to my SAR's etc):