Assistance reviewing my defence to submit next week

Le_Kirk

Debt recovery fee is not allowed and the latest code of practice (the Government one) was out on 7th February, which outlaws those fees; not yet law but can be used in arguments in court hearing.  See here: -
https://forums.moneysavingexpert.com/discussion/6333036/breaking-news-government-has-announced-the-statutory-code-of-practice-and-enforcement-framework/p1

zigg123

Hi I am please to report that the claim was dismissed in a record time of  about 20 minutes, and I was awarded my £95 fee and parking expenses. I tried to push to get paid for both hearings, but was told the initial hearing was not counted as a hearing.

Am a bit grumpy actually as spent a lot of time getting my head around things (yes I know better late than never) and was up for a fight on all the many points in my WS, but it all ended pretty quickly.

I entered the court and District Judge started to talk through about the case to get it into his head. He said (paraphrased) as I understand it  the Claimant is claiming for breach of contract as he believes the defendant did not pay for parking, and the defendant believes he did pay for parking.

I stated that I was not the driver, but the driver did not need to pay for parking as the sign at the Newhall Walk Sutton Coldfield stated all they needed was a valid purchase at one of the four stores nothing else. The Judge initially said that by entering your number into the validator you are in effect paying but I stated no money changes hands so cant be construed as paying. He pondered that for a bit.

I continued that the requirement for validation or penalties for not using the validator are not on the car park signage and therefore not part of the contract. The sign in the store does not have Excel parking Services on it and the validator is initially off and out the way so the sign and validator cannot be part of the contract.

The contract the driver entered into requires her to enter the  VRN when paying as per signage on the car park, and paying was not required due to free parking from a valid purchase, therefore by proving a valid purchase I had met the terms of the contract.

I had submitted a bank statement which showed a contactless payment the day after the parking event, and had confirmation from First Direct of the payment date and time confirming it was within the PCN window.

Strangely the Claimant solicitor then pointed out they had not complied with POFA, and that was going to be my next arguing point. He stated it was his duty to point this out and that the claim should never had got this far. My very next argument was going to be to trash their claim on Agency using Excel vs Smith and he new it, and to state they had not complied with POFA.

So after all of this thanks for all your help. If doing this again I would definitely definitely ensure the notification to keeper is reviewed and not complying with POFA is on my defence when submitted as I believe this would have not gone this far, but it has been an experience. Excel play the game and go to the end with limited input up front in the hope you cave and pay as for a lot of people paying would be less than what they earn. 

Umkomaas

Thank you for your court report and very well done on your win.  Nice one 👍

Strangely the Claimant solicitor then pointed out they had not complied with POFA, and that was going to be my next arguing point. He stated it was his duty to point this out and that the claim should never had got this far.

Seems that the advocate understood and executed his first responsibility to the court (most unusual in a private parking case). I guess that's the end of his Excel 'career' then!

Coupon-mad

Yay!  Well done and on getting some costs.

ANOTHER EXCEL ONE BITES THE DUST!

zigg123

Not sure why he did it though as non compliance to POFA was clearly stated in my witness statement. I wanted too first prove my point on the contract so if dismissed on POFA Excel did not have grounds to go for my partner who was the driver, if that makes sense.

zigg123

@Coupon-mad just want to say thanks for your assistance with this could not have done it without a everyone who helped but your comments were particularly spot on and made it easy to win the fight today.

Coupon-mad

Good stuff, glad to help.  I've never lost in court but I only did a few cases in person/by phone.

I don't tend to lay rep now, since lockdown and due to having the bigger battle to concentrate on ( the statutory Code of Practice steering group) this past 2 years.  I prefer it now, when people like you gain the confidence to win as litigants in person!