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

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  • milkybk
    milkybk Posts: 328
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    edited 7 July 2021 at 6:41AM
    As expected I haven't heard anything yet from Excel or their DOP. I have all my forms etc ready to apply for the N244 on Friday if I haven't heard anything from them. I've sent Excel a follow up email today, chasing a response.

    One thing I don't have is the original claim form or a copy of it. The court didn't have this when I contacted them, they just had a very basic summary of it. This is slightly frustrating as I feel I can't fully construct my defence without seeing all the details. However I also assume the judge will acknowledge I haven't received these forms and/or any information from the parking company.
  • Redx
    Redx Posts: 38,084
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    Your SAR reply should contain copies of all documents , including the missing original claim form
  • henrik777
    henrik777 Posts: 3,052
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    One thing I don't have is the original claim form or a copy of it. The court didn't have this when I contacted them, they just had a very basic summary of it.
    Are you sure the claim form isn't just terrible ?



  • milkybk
    milkybk Posts: 328
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    edited 7 July 2021 at 8:52AM
    Redx said:
    Your SAR reply should contain copies of all documents , including the missing original claim form
    I've requested them in the SAR but not holding much hope in hearing from them! I've chased them today though. :smile:

    henrik777 said:
    One thing I don't have is the original claim form or a copy of it. The court didn't have this when I contacted them, they just had a very basic summary of it.
    Are you sure the claim form isn't just terrible ?



    This could definitely be the case! I'll post a copy of what the court sent me (this is all they had, no photos etc):

    EXCEL PARKING SERVICES LIMITED V MR CHRISTOPHER RICHARDSON

     

    Solicitor: ELMS LEGAL LIMITED

    Reference: EPSXXXXXXXX

     

    THE CLAIM IS FOR A BREACH OF CONTRACT FOR BREACHING THE TERMS AND CONDITIONS SET ON PRIVATE LAND. THE DEFENDANT'S VEHICLE, XXXX, WAS IDENTIFIED IN THE BROOMHILL ROOFTOP PAY & DISPLAY CAR PARK ON THE 21/01/2017 IN BREACH OF THE ADVERTISED TERMS AND CONDITIONS; NAMELY 101) PARKED WITHOUT PAYMENT OF THE PARKING TARIFF FOR THE VEHICLEREGISTRATION MARK OF THE VEHICLE ON SITE AT ALL MATERIAL TIMES THE DEFENDANT WAS THE REGISTERED KEEPER AND/OR DRIVER. THE TERMS AND CONDITIONS UPON ENTERING PRIVATE LAND WERE CLEARLY DISPLAYED AT THE ENTRANCE AND INPROMINENT LOCATIONS. THE SIGN WAS THE OFFER AND THE ACT OF ENTERING PRIVATE LAND WAS THE ACCEPTANCE OF THE OFFER HEREBY ENTERING INTO A CONTRACT BY CONDUCT. THE SIGNS SPECIFICALLYDETAIL THE TERMS AND CONDITIONS AND THE CONSEQUENCES OF FAILURE TO COMPLY, NAMELY A PARKING CHARGE NOTICE WILL BE ISSUED, AND THEDEFENDANT HAS FAILED TO SETTLE THE OUTSTANDING LIABILITY. THE CLAIMANT SEEKS THERECOVERY OF THE PARKING CHARGE NOTICE, CONTRACTUAL COSTS AND INTEREST.

     

    Date of issue: 11-AUG-2020

    Date of Judgment: 03-SEP-2020


  • henrik777
    henrik777 Posts: 3,052
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    That's far from the worst i've ever seen.

    Not an example for the text book but not the worst.


    Evidence is later. So you do have it.

    Location, parked without paying (for that registration anyway, maybe a malfunction of the machine and you did pay ?)
  • milkybk
    milkybk Posts: 328
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    edited 7 July 2021 at 10:26AM
    henrik777 said:
    That's far from the worst i've ever seen.

    Not an example for the text book but not the worst.


    Evidence is later. So you do have it.

    Location, parked without paying (for that registration anyway, maybe a malfunction of the machine and you did pay ?)
    Yes I did pay. At the time they said the registration was entered incorrectly, part of my appeal was that it was entered correctly! I also raised signage issues, the fact that no PCN ticket was ever on the vehicle or sent to my address (first I knew of it was when I got the first warning letter), the fact that they had no photos of the car etc. There was a long list of stuff, all very normal for this sort of thing I would imagine. My intention was to challenge them in small claims court, as I wasn't willing to pay the original charge. I made them aware of this and they stopped contacting me, well I thought they had, clearly they resumed contact at some point but I had moved address unfortunately. I'm still planning to contest the charge itself once the CCJ is set aside, however mu understanding is that's a separate process after the set aside hearing

    It's been over 4 years since the original appeal process was rejected, so I'd be lying if I said I could remember every single detail clearly. They never gave me all their photos etc then either, I did request a SAR at the time.

    For now my primary concern is obviously getting the CCJ removed, as clearly court proceedings were issued to my incorrect address, which I hadn't resided at for the best part of 4 years!
  • henrik777
    henrik777 Posts: 3,052
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    I made them aware of this and they stopped contacting me, well I thought they had, clearly they resumed contact at some point but I had moved address unfortunately.


    Well that strengthens the case for your set aside. The time gap, the sudden change from contact to silence All contributes to them having a "reason to believe" you no longer lived there.


    Further the fact you paid is a good reason to set aside should the court decide you were served correctly (which i'd say is wrong but...).
  • Umkomaas
    Umkomaas Posts: 41,110
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    @Olive_j - why have you abandoned your own thread and started posting on this thread belonging to @milkybk, an almost guarantee of one or both of you becoming confused as no one will know as to whom any advice is provided. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Olive_j
    Olive_j Posts: 194
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    Umkomaas said:
    @Olive_j - why have you abandoned your own thread and started posting on this thread belonging to @milkybk, an almost guarantee of one or both of you becoming confused as no one will know as to whom any advice is provided. 
    Really sorry!! I thought it was my own. Am I able to delete? Apologies @milkybk
  • Umkomaas
    Umkomaas Posts: 41,110
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    Olive_j said:
    Umkomaas said:
    @Olive_j - why have you abandoned your own thread and started posting on this thread belonging to @milkybk, an almost guarantee of one or both of you becoming confused as no one will know as to whom any advice is provided. 
    Really sorry!! I thought it was my own. Am I able to delete? Apologies @milkybk
    You can tell if you can delete if there is a small cog wheel at the top r/h corner of each of your own posts. You could copy and paste each post to your own thread (have two tabs open) before you delete them, one at a time, but you can't transfer the advice given. It's already quite a mess, because if you can only transfer your posts, they will look like they need answers again and will involve regulars having to repeat their work. Please take your time and be sure as to where you are posting. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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