Excel Parking and Debt Recovery - help

Adam_

Ed2022 said:

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.

Thanks for confirming that, its 20 pages and I think 17mb so it should be fine.

Be glad to get this sent off so I can enjoy this period 

Adam_

Just to let people know the WS bundle has been emailed to Excel and the county court now, thank you to everyone thats helped me get to this point honestly I'd be in a world of hurt right now if it wasnt for you lot so its very much appreciated.

I haven't received anything from them yet, so whether its lost in the post or they just haven't bothered sending it I don't know.

Will keep you all updated as I find out more

Ed2022

Good luck. Wonder if the Claimant will send theirs in the timeframe 

Adam_

Happy new year all.

We’ve been away for over a week for new year and just got home.

A little update on my case; court date is  in 4 days time, the cut off date to submit a WS + evidence was on the 27th Dec, I’d submitted mine on the 26th Dec, sent via email to the court and Excel using delivery and read receipt.

Both emails were delivered and I received an automated response from the court but nothing received to tell me they’ve been read yet.

i’ve also not received any evidence or WS from Excel in either the post of via email unless theres some obscure way they send it.

Le_Kirk

You should point out to the judge - before the hearing proper starts - that the claimant has failed to supply their WS to you in flagrant disregard of a court order and you want their WS to be disallowed as it will surely make a miraculous reappearance at the hearing and they will claim it was sent on time and the court lost it!  You don't want an adjournment. 

Adam_

Le_Kirk said:

You should point out to the judge - before the hearing proper starts - that the claimant has failed to supply their WS to you in flagrant disregard of a court order and you want their WS to be disallowed as it will surely make a miraculous reappearance at the hearing and they will claim it was sent on time and the court lost it!  You don't want an adjournment. 

Thank you! Will do, I've received nothing from the court to say whether to hearing is going ahead or not so I presume its still going ahead

Ed2022

You are not the only one.

Coupon-mad

Adam_ said:

Le_Kirk said:

You should point out to the judge - before the hearing proper starts - that the claimant has failed to supply their WS to you in flagrant disregard of a court order and you want their WS to be disallowed as it will surely make a miraculous reappearance at the hearing and they will claim it was sent on time and the court lost it!  You don't want an adjournment. 

Thank you! Will do, I've received nothing from the court to say whether to hearing is going ahead or not so I presume its still going ahead

Ring your court and ask if the hearing has been 'vacated' and the claim struck out due to no WS and no fee paid by the Claimant.  Is the case before a Judge to strike it out, if not why not, and are you still required to attend?

Snakes_Belly

I hope that it is struck out and not rescheduled. 

To be honest their Witness Statements are not worth the paper that they are printed on but if their rep has not received their WS it may cause the hearing to be rescheduled. 

A point that I recently remembered, around the time that Excel's contract was terminated with Three Spires the merchant that they were using to process the payments ceased that side of their business.  

Snakes_Belly

This is what I posted on another thread about the merchant who processes the payments. So there is now no comeback against the merchant and any issues with payments could not be pursued via the FCA.   

"International Parking Systems UK Limited. They are based in Donaster DN4 5FB. 

They were regulated under the FCA however after speaking to the FCA this morning I was informed that their registration with the FCA was cancelled on the 18/7/2022.  As they are no longer regulated under the FCA no complaints can be made. 

I think that the fact that the fact that this payment provider's registration has been cancelled should be mentioned in defences especially in the cases that are affected by payment issues."