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

Coupon-mad

We mean have you registered to be one of those trying to get compensation from the DVLA, by joining the group action by Keller Lenkner solicitors - see current thread about alleged DVLA data abuse and the case they are being sued for in the High Court.

You must be in it to win it.  No win no fee.

milkybk

Coupon-mad said:

We mean have you registered to be one of those trying to get compensation from the DVLA, by joining the group action by Keller Lenkner solicitors - see current thread about alleged DVLA data abuse and the case they are being sued for in the High Court.

You must be in it to win it.  No win no fee.

No I haven't, I will sign up.

For all - here is the order that the claimant was made to draft. The court said they will make any alterations if they don't agree with it. Anything stand out to you that I should raise with the court etc?

IN THE COUNTY COURT AT MILTON KEYNES

CLAIM NUMBER: XXXX

Between

EXCEL PARKING SERVICES LIMITED

Claimant

V

XXXX

Defendant

________________

ORDER

_______________

Upon hearing from solicitor’s agent for the Claimant and the Defendant in person, it is noted that:

1. Costs of today’s application to set aside the judgement are reserved in order for the Defendant to file a costs schedule and appropriate evidence.

And it is Ordered that:

1. The Judgement dated 03/09/2021 is hereby set aside;

2. The Defendant must deliver to every other party and to the court office a copy of his Defence within 14 days.

3. Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing. (These should include the letter making the claim and the reply.)

4. The original documents must be brought to the hearing.

5. The final hearing is to proceed by CVP with a time estimate of 1 hour.

6. The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. However the court must be informed immediately if the case is settled by agreement before the hearing date.

7. No party may rely at the hearing on any report from an expert unless express permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this Order and seek permission, giving an explanation why the assistance of an expert is necessary.

8. Costs of today’s application to set aside the judgement are reserved to the final hearing.

NOTE: Failure to comply with the directions may result in the case being adjourned and in the party at fault having to pay costs. The parties are encouraged always to try to settle the case by negotiating with each other. The court must be informed immediately if the case is settled before the hearing.

23 September 2021

Coupon-mad

Errm... object by email IMMEDIATELY to that Draft Order as point 8 is incorrect and doesn't reflect the intentions of the Judge about the £255 fee which you understood is to be paid now by the Claimant to the Defendant, with only the other costs being reserved till later:

With regards to costs, the Judge says obviously the N244 application fee will be refunded, regardless of the outcome of the PCN hearing. 

She has reserved all other costs until after that hearing and asked me to submit an N294 with evidence proving loss of earnings and time spent working on everything etc.. She has reserved all other costs until after that hearing and asked me to submit an N294 with evidence proving loss of earnings and time spent working on everything etc.

milkybk

Coupon-mad said:

Errm... object by email IMMEDIATELY to that Draft Order as point 8 is incorrect and doesn't reflect the intentions of the Judge about the £255 fee which you understood is to be paid now by the Claimant to the Defendant, with only the other costs being reserved till later:

With regards to costs, the Judge says obviously the N244 application fee will be refunded, regardless of the outcome of the PCN hearing. 

She has reserved all other costs until after that hearing and asked me to submit an N294 with evidence proving loss of earnings and time spent working on everything etc.. She has reserved all other costs until after that hearing and asked me to submit an N294 with evidence proving loss of earnings and time spent working on everything etc.

That's what I thought - should I email the court directly?

Coupon-mad

And copy in the Claimant - YES!

milkybk

Coupon-mad said:

And copy in the Claimant - YES!

Done.

milkybk

So with regards to the trial hearing:

1. I have my defence drafted. Which will require further work now I imagine.
2. I also have the schedule of costs drafted. The judge said I would need to substantiate the costs. The loss of earnings for work is easy, as I can simply show them a wage slip plus the confirmation of time off signed by management etc. 
3. However how do I substantiate the time taken preparing everything etc? I was conservative with my estimates! I have spent literally dozens of hours seeking advice, drafting and re-drafting etc. Not sure how to prove this though
   
4. As mentioned I now need a new witness statement but I'm slightly confused as to what this would state? How is it different from my defence? 
5. I also require evidence - would this be of? Signage, proof of where I was etc? The event was 4 years ago haha! Not 100% sure where to start. 

Just looking for some general pointers to get me going, especially on points 3/4/5. Then I'll get cracking on drafting stuff up for you all to critique and advise on. 

KeithP

milkybk said:

Just looking for some general pointers to get me going, especially on points 3/4/5. Then I'll get cracking on drafting stuff up for you all to critique and advise on. 

You won't be surprised to hear that the pointer you are looking for is towards the second post of the NEWBIES thread.

Start reading at these bold words...
LETTERS ABOUT HEARINGS - WITNESS STATEMENT AND EVIDENCE TIME!

milkybk

KeithP said:

milkybk said:

Just looking for some general pointers to get me going, especially on points 3/4/5. Then I'll get cracking on drafting stuff up for you all to critique and advise on. 

You won't be surprised to hear that the pointer you are looking for is towards the second post of the NEWBIES thread.

Start reading at these bold words...
LETTERS ABOUT HEARINGS - WITNESS STATEMENT AND EVIDENCE TIME!

I should probably know better by now haha - give me a pass, I kicked Excel's !!!!!! today.

milkybk

So having read through those template documents, it appears to me that my defence is already pretty good. However I need t include quite a few additional "standard" arguments. I'm quite tired so will re-read tomorrow after work and do some additional editing over the weekend.

I do note that in the Judge's comments he seems to have compared cases on the day to ensure they are not "identical". Does using a template not risk this happening? 

Witness Statement - evidence wise - This is my main concern. How can I get old signage etc? More to the point - I wasn't the driver, I have been clear of that in my defence, so why would I even care about said signage etc? I am only the keeper.

I am more than willing to travel up to Sheffield and take videos/photos of the car park and signage etc. I would do it both at day and then at night, as that is when the alleged charge occurred. This would show the difference. I can stay with friends for a couple of nights to make the trip worthwhile.

In the meantime, would it help my case if I contact my MP (Conservative) to complain about what I have been put through, after their previous Prime Minister promised to change the abuse of the CCJ system? I imagine this isn't relevant though now... as this hearing is for a PCN, not a set aside.

Costs side - I noted down the Judge said an N294 is required but seems like the wrong form maybe?