Vauxhall Street Plymouth, Car Park

Vlad_The_Inhaler

Coupon-mad said:

You haven't stated near the start whether you were driving - and if you were, you should state as much, where you say you were the keeper, and you should not say vague things like 'the person who went to pay'.

If it's you, then say so; this is your WS and you are the only true witness at the hearing!

Read this one from 2020:
https://forums.moneysavingexpert.com/discussion/comment/76904268/#Comment_76904268

And this one from 2016 so it's quite old (and has the old shorter statement of truth so don't copy that) but they both use as an exhibit, the 'QQ' case:
https://forums.moneysavingexpert.com/discussion/comment/71509068/#Comment_71509068

You might want to crib from their wording.

The transcript for the Excel Parking 'QQ Error Code' case can be found on the Parking Prankster's case law pages. Easy to Google and he only shows two short pages of transcripts, so it should be dead simple for you to locate and go get the transcript.

Add it to your exhibits.

What are your other exhibits? You obviously have Excel v Wilkinson because that's standard, as seen in the two example WS from 2022 that you were advised to base yours on.

Hello Coupon-mad,

Again as always sound advice from you.

Regards drivers it could have been me or my lovely lady, we genuinely have no recollection. As for paying, it would have been me, as a gentleman always pays. I will change the relevant paragraphs to state it was me paying but as for the driver shall I just stick to being the registered keeper?

You providing links saves me so much time cheers. I believe I used the QQ code in my letter to BW Legal and in my defence. So adding the whole case summation is worthwhile? Or just the quote with the case name and year is adequate?

Other exhibits are the photos provided by the claimant, I have enough to point out the machine is not user friendly for tall folks like me and the gurt yellow bollard is not in a good position if you want to see the screen. Add to this their zoomed in screen shot had to be taken kneeling and even then the screen is obviously hard to read, I will be adding an email or two from Flowbird the manufacturer to back up my statement.

Case law I am missing at this time so that is something I can add tomorrow. My intention tonight was to get the draft bones up for you lovely folks to pick over and provide your sage input.

Coupn-mad and all you other Folks contributing, you have no idea how much I appreciate your help. It is melting this old flint heart of mine.

Keep well,

Vlad.

Coupon-mad

 Or just the quote with the case name and year is adequate? 

No. Not now. You MUST attach the transcripts of cases. That's what WS stage is about: evidence and exhibits.

Regards drivers it could have been me or my lovely lady, we genuinely have no recollection. As for paying, it would have been me, as a gentleman always pays.

I will change the relevant paragraphs to state it was me paying but as for the driver shall I just stick to being the registered keeper?

Just use the words in bold - tell it like it is.

Vlad_The_Inhaler

Coupon-mad said:

 Or just the quote with the case name and year is adequate? 

No. Not now. You MUST attach the transcripts of cases. That's what WS stage is about: evidence and exhibits.

Regards drivers it could have been me or my lovely lady, we genuinely have no recollection. As for paying, it would have been me, as a gentleman always pays.

I will change the relevant paragraphs to state it was me paying but as for the driver shall I just stick to being the registered keeper?

Just use the words in bold - tell it like it is.

Again thank you Coupon-mad.

I am slowly changing the WS as the advice comes in, I will post it again when it is worth doing so.

I will be heading to bed soon as I have been working on this since early this morning with two power cuts to provide off screen entertainment.

One question should I produce a Skeleton similar to the the received from BW Legal or is my WS more than enough?

Keep well and best regards.

Vlad

Coupon-mad

Don't overcomplicate it with a skeleton.

Vlad_The_Inhaler

Dear Forumites,

Should I add something along the lines of the following regards costs, note my hourly rate claim will be higher than this example, should I add this to the witness statement or as a seperate document?

Claim No.: 

Between
Excel Parking Services LTD (Claimant)
-and-
(Defendant)
_____________________
DEFENDANTS SUMMARY COSTS ASSESSMENT
____________________

 

Personal Attendances – Loss of Earnings for attendance to court:

·       Mr  – 1 day = £68.52 (after tax)

·       (Lay Rep) – 1 day = £85 (after tax)

Other expenses for attendance to court:

·       Travel - £5

·       Parking: £2.50

Hours taken to research:

·       £19 per hour x 3 hours = £57

Hours taken to submit appeal:

·       £19 per hour x 0.5 hours = £9.50

Hours taken to prepare, type and file defence:

·       £19 per hour x 4 hours = £76

Hours taken to prepare, type and file witness statement and bundle:

·       £19 per hour x 6 hours = £114

Costs incurred from postage:

·       Defence £2.70 x 2 copies posted = £5.40

·       Witness statement and bundle £3.17 x 2 copies posted = £6.34

Not_A_Hope

Break it down the costs however you like and list it in your WS index. However it is unlikely a judge will award more than the £95 unless they feel the claimant has been grossly unreasonable.

With limited time available you are probably better posting your updated WS for comment

Vlad_The_Inhaler

Not_A_Hope said:

Break it down the costs however you like and list it in your WS index. However it is unlikely a judge will award more than the £95 unless they feel the claimant has been grossly unreasonable.

With limited time available you are probably better posting your updated WS for comment

Hello Not_A_Hope

Regards the WS, I was running short on time and my focus was on getting it completed and sent, which I managed with 23 minutes to spare. Aknowledgement has been received from the court.

This has been a rather steep learning curve for me, the amount of rummaging around trying to locate relevant information is eyewatering.

However without everyone on here chipping in and assisting I would have not had a hope.

One asks is this the rigmarole one has to go through in this day an age to fend off a highway robber? In the good olde days you gave the perp a smack over the head with your trusty Silver topped walking cane...

Keep well and best regards.

Vlad_The_Inhaler

Vlad_The_Inhaler

Dear Fellow Forumites,

My Witness Statement with associated exhibits and costs was sent about half an hour ago with acknowledgement of receipt from the Court.

Receiving yesterday, information that confirmed the receipt I had appears on their transaction log, they knew this in January and did not present this information to the Judge in June who saw my defence and who passed it to the small claims track caused some consternation. It just goes to show what pond sucking skum they are.

I am pretty sure the claimant will not back out, so I now have the hearing to prepare.

I'd like to thank everyone of you who has taken the time to assist me from the heart of my bottom, you have been superb in your handling of this olde git, nudging me towards the light and one hopes, salvation.

Keep well all, you are in my thoughts.

Yours Aye!

Vlad_The_Inhaler

Not_A_Hope

Well well done Vlad. You have jumped over all the hurdles. With a good defence and WS don’t be too surprised or disappointed if they discontinue. If it continues to court they may not turn up in which case you must remember to ask for your costs.

Vlad_The_Inhaler

Let's hope so, however I am looking forward to the opportunity to tackle them over this debacle as I have a few more ideas up my sleeve.

One wonders how these folks sleep at night...

However each to their own.

Keep wll and all on this forum have an excellent weekend.

Vlad_The_Inhaler