Excel Parking and Debt Recovery - help

Adam_

Coupon-mad said:

No, only the front page needs those headings.  Subsequent pages must be numbered.

Ah right, thats what I've already got on it then  must of got my wires crossed somewhere there

KeithP

Adam_ said:

Snakes_Belly said:

Some further observations.

In your defence you have not said how you paid and if you are unsure then I would be consistent in the WS. I would have only been inclined to pay by card if I had not got the change. 

Regarding payment on these car parks it was a ticketless system. They appear to have started to give receipts for card payments when they realised that card payments required a receipt however you had to request a receipt which did not show the VRN that had been input. No proof of payment was given automatically.

So many drivers just paid the PCN because they felt that they had no proof of payment. 

Regarding the VRN list. As CM says it's meaningless as its not dated and it appears to cover the Three Spires car parks. Backcester Short Stay, Backcester Long Stay and Gresley Row Short Stay. It seems short on activity for three town centre car parks. It will be interesting to see what they send in the WS.

Excel have been known to change the VRN lists to suit their narrative. It is likely to have happened at Nuneaton. This was a Gresley Row case but only heard at County Court.

In the Ambler case Excel were thought to have tampered with the VRN list. They requested an appeal which was refused.  I have posted the Ambler transcript.

The only way to evidence that a driver has paid the tariff for parking by cash is if the VRN from the ANPR matches the VRN input by the driver. This has failed so many times in these car parks that there cannot be so many drivers inputting the VRN's incorrectly.

These civil cases are decided on balance of probability. 

 
 

I'll post V3 of my WS in the next comment, because my deadline is due for before the 27th I'll be emailing this across today.

No court deadline will be on 27th December. It's a Bank Holiday. You have until the end of the next working day.

This notice from HM Courts & Tribunals Service tells us...

..so your deadline isn't 28th December either.

Adam_

Coupon-mad said:

Adam_ said:

Witness Statement V3

https://docs.google.com/document/d/1I0ZggbdOB_NNPwnhmgYB5IBWFLnrkB5iL6VkQmddUOU/edit?usp=sharing

Change # 25 to 'intended to be banned'.

Add in the paragraph from the template defence that points out the Judicial Reviews by this rogue industry and the fact the new statutory Code of Practice is stalled, and why Judges should still heed the intention of the will of Parliament.

Remove 'clearly' from here:

Clearly showing the solar-powered ticket machines and signage stating the machines are ticketless.

I'm struggling to find what paragraph you're referring to, have you got the number for it please?

Adam_

KeithP said:

Adam_ said:

Snakes_Belly said:

Some further observations.

In your defence you have not said how you paid and if you are unsure then I would be consistent in the WS. I would have only been inclined to pay by card if I had not got the change. 

Regarding payment on these car parks it was a ticketless system. They appear to have started to give receipts for card payments when they realised that card payments required a receipt however you had to request a receipt which did not show the VRN that had been input. No proof of payment was given automatically.

So many drivers just paid the PCN because they felt that they had no proof of payment. 

Regarding the VRN list. As CM says it's meaningless as its not dated and it appears to cover the Three Spires car parks. Backcester Short Stay, Backcester Long Stay and Gresley Row Short Stay. It seems short on activity for three town centre car parks. It will be interesting to see what they send in the WS.

Excel have been known to change the VRN lists to suit their narrative. It is likely to have happened at Nuneaton. This was a Gresley Row case but only heard at County Court.

In the Ambler case Excel were thought to have tampered with the VRN list. They requested an appeal which was refused.  I have posted the Ambler transcript.

The only way to evidence that a driver has paid the tariff for parking by cash is if the VRN from the ANPR matches the VRN input by the driver. This has failed so many times in these car parks that there cannot be so many drivers inputting the VRN's incorrectly.

These civil cases are decided on balance of probability. 

 
 

I'll post V3 of my WS in the next comment, because my deadline is due for before the 27th I'll be emailing this across today.

No court deadline will be on 27th December. It's a Bank Holiday. You have until the end of the next working day.

This notice from HM Courts & Tribunals Service tells us...

..so your deadline isn't 28th December either.

Ah right, so does this mean its fine to have it in on 29th then even though my court date is the 10th of January.

now i’m think i shouldve had it in before yesterday instead…

Ed2022

@Adam_ does it state when it should be with the court? Usually it’s in the court directions e.g. on mine it’s 28 days.

Adam_

Ed2022 said:

@Adam_ does it state when it should be with the court? Usually it’s in the court directions e.g. on mine it’s 28 days.

On mine it says 14 days before, mines on the 10th Jan.

Well I hope its 14 days now as if not i’ve left it too late

Adam_

Just checked the letter again it just states "Each party must deliver to the other party and to the court office, copies of all documents on which that party intends to rely at the hearing no later than 14 days before the hearing."

Coupon-mad

Adam_ said:

Coupon-mad said:

Adam_ said:

Witness Statement V3

https://docs.google.com/document/d/1I0ZggbdOB_NNPwnhmgYB5IBWFLnrkB5iL6VkQmddUOU/edit?usp=sharing

Change # 25 to 'intended to be banned'.

Add in the paragraph from the template defence that points out the Judicial Reviews by this rogue industry and the fact the new statutory Code of Practice is stalled, and why Judges should still heed the intention of the will of Parliament.

Remove 'clearly' from here:

Clearly showing the solar-powered ticket machines and signage stating the machines are ticketless.

I'm struggling to find what paragraph you're referring to, have you got the number for it please?

No but I recall writing it!  It's there. 

Adam_

Coupon-mad said:

Adam_ said:

Witness Statement V3

https://docs.google.com/document/d/1I0ZggbdOB_NNPwnhmgYB5IBWFLnrkB5iL6VkQmddUOU/edit?usp=sharing

Change # 25 to 'intended to be banned'.

Add in the paragraph from the template defence that points out the Judicial Reviews by this rogue industry and the fact the new statutory Code of Practice is stalled, and why Judges should still heed the intention of the will of Parliament.

Remove 'clearly' from here:

Clearly showing the solar-powered ticket machines and signage stating the machines are ticketless.

Just found what you were referring to here, I believe its already in my WS under section 24

Ed2022

Adam_ said:

Just checked the letter again it just states "Each party must deliver to the other party and to the court office, copies of all documents on which that party intends to rely at the hearing no later than 14 days before the hearing."

I am sure that includes send it via email but has to be less than 50 pages and circa. 50 mb.