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

milkybk

B789 said:

milkybk said:

Ilitigation@excelparking.co.uk

Draft email:

Header - Excel Parking Services Ltd vs XXXX - XXX - Defendants Witness Statement - Hearing XX/XX/2023

Dear Sir/Madam,

Please find attached the Defendant’s. Witness Statement and evidence for claim XXXX attached in PDF format, that the I wish to rely on for the forthcoming hearing. The Claimant has been included in this email.

Excel, who you are emailing... is the claimant!

Good point, not needed, will remove, thank you haha!

Have you had a chance to look through the WS? All feedback welcomed.

I’d like to get it all sent off tomorrow morning. 

B789

I am not an expert and not legally trained. However, that WS does appear to be pretty comprehensive. My only critique is your photo evidence. The pictures which show the signs illuminated by your camera flash, I suppose to contrast them with the actual lighting conditions at the time, could be misinterpreted if the Judge hasn't fully studies your WS and jumps to the conclusion that your pictures just show how visible the signs actually are. Are those pictures showing the signs with flash really necessary?

Also, your "time stamps" only show the time to the minute. You say you have the metadata which will include the precise time. Why didn't you add the seconds to your timestamps?

You are now subject to Judge Bingo.

milkybk

B789 said:

I am not an expert and not legally trained. However, that WS does appear to be pretty comprehensive. My only critique is your photo evidence. The pictures which show the signs illuminated by your camera flash, I suppose to contrast them with the actual lighting conditions at the time, could be misinterpreted if the Judge hasn't fully studies your WS and jumps to the conclusion that your pictures just show how visible the signs actually are. Are those pictures showing the signs with flash really necessary?

Also, your "time stamps" only show the time to the minute. You say you have the metadata which will include the precise time. Why didn't you add the seconds to your timestamps?

You are now subject to Judge Bingo.

Any feedback is helpful mate, so I appreciate the time you've taken to respond. 

Yes, good idea, I will put the exact meta-data time stamps on each photo. 

The idea behind the flash photos of the signs was to show how much illumination is required to see them. Maybe I could place the non-flash versions next to them on the same page to show a side-by-side comparison for the Judge? It's just to show how difficult it is to read the signs at night at the time of the alleged event from a car etc.

If those photos with the flash are more likely to harm my case then I can happily remove them. Might not be a bad idea tbh.

milkybk

I've created myself a "running order" for the day too, as I did for the previous hearing. I've adapted it by going through other people's recent successful threads, noting down things certain Judge's have asked/picked up on. Specific cases I may need to draw their attention too and therefore associated paragraph # or exhibit # in my WS.

I'm confident going into it. I will make final adjustments tonight/tomorrow morning, if people suggest anything else. Then I will be printing everything, posting and emailing before lunch time tomorrow (Tuesday). I have a day off work, so can drop off the Court's paper copy.

Not trying to rush, just want to be prompt, as Excel have acted quickly for the first time in the case but also so that I can relax for a couple months, as I have a lot going on with family and my personal health right now and I would prefer to concentrate on those things rather than Excel's silly claim. 

Coupon-mad

There should be one single email copied to the local court hearings email and Excel at the same time.

This is because Excel have been known to send reps who have said "we didn't get the Defendant's WS".

milkybk

Coupon-mad said:

There should be one single email copied to the local court hearings email and Excel at the same time.

This is because Excel have been known to send reps who have said "we didn't get the Defendant's WS".

Yes, it will be one email with both included.

Any suggestions for the WS itself? I'm going to remove the flash photos I think.

B789

milkybk said:
Any suggestions for the WS itself? I'm going to remove the flash photos I think.

The flash photos would only be good if you can show them side by side to compare the actuality rather than the claimant's scam. You just don't want a lazy or befuddled judge to jump to the wrong conclusion if they see a stand-alone picture of the signs all lit up.

milkybk

I've finished everything. All printed copies are signed, in binders etc with USB sticks labelled and ready to be posted tomorrow morning.

I just sent an email to the Court & Excel etc with my PDF attached, which is 15MB. The Court went through fine but the Excel email addresses returned a "could not be delivered due to size of attachment".

Not sure what to do now...



Conveniently doesn't say what size is allowed. I just checked how large my CCJ set aside documents were and they were larger and went through fine:



Wouldn't be surprised if they've reduced it on purpose so they can claim they haven't received stuff!

I don't want to send a word document version, it needs to be a PDF.. I suppose I could send a private google drive link for them all to download it from but not sure if the court will do this (although dropping hard copy off tomorrow) and not sure if Excel with deny receiving etc.

Another question - when dropping off the sealed document pack at the court, what should I put on the front? Case number, defendants WS enough or do you need claimant vs defendant details too?

EDIT 11:00pm: Did some tests from a separate account with some different file sizes (not pertaining to my case etc, just random stuff). Managed to find a size that worked, so will hopefully manage to get the WS through with a tweak or two.

Coupon-mad

Send Excel two emails, or post their copy.

Another question - when dropping off the sealed document pack at the court, what should I put on the front? Case number, defendants WS enough or do you need claimant vs defendant details too?

ALL of that but just as importantly...THE DATE AND TIME OF THE HEARING!

milkybk

Coupon-mad said:

Send Excel two emails, or post their copy.

Another question - when dropping off the sealed document pack at the court, what should I put on the front? Case number, defendants WS enough or do you need claimant vs defendant details too?

ALL of that but just as importantly...THE DATE AND TIME OF THE HEARING!

Got it, thanks! I managed to get it emailed to them, no failed return email yet so assume it’s gone through. You won’t be surprised to hear that excel contacted me this morning trying to settle outside of court.

They offered a “reduced” fee, obviously saying if it goes to court they will ask for more etc. I’ve replied that they can pay all my fees incurred up until this point and drop the claim or I’ll see them in court, happily.