Excel - Set aside WON & CASE WON - Excel defeated AGAIN!
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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.0 -
Your SAR reply should contain copies of all documents , including the missing original claim form3
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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 ?
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Redx said:Your SAR reply should contain copies of all documents , including the missing original claim formhenrik777 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 ?
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
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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 ?)4 -
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 ?)
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!0 -
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...).4 -
@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 Street3 -
Olive_j said: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 Street3
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