Excel Parking and Debt Recovery - help

patient_dream

Adam_ said:

Coupon-mad said:

Adam_ said:

Coupon-mad said:

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?

I'll give them a call tomorrow, I did think of doing it today but didn't know if it was an acceptable thing to do, hopefully it does get struck out but for some reason I can't see that happening this close now otherwise I feel I would've been informed

No, you wouldn't.  Most courts just let people turn up and waste their time, only to be told their hearing was vacated days before.  Phone on Monday.

any last minute advice before I attend tomorrow?

Yes, today do a crib sheet of all the points you want to raise.  Because when in court it's easy to forget

Don't forget your costs schedule when you win

Ed2022

Morning @Adam_, that is quite s sneak / dirty tactic as most would probably presume it has been vacated. Definitely what @Le_Kirk has 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."
 

Adam_

patient_dream said:

Adam_ said:

Coupon-mad said:

Adam_ said:

Coupon-mad said:

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?

I'll give them a call tomorrow, I did think of doing it today but didn't know if it was an acceptable thing to do, hopefully it does get struck out but for some reason I can't see that happening this close now otherwise I feel I would've been informed

No, you wouldn't.  Most courts just let people turn up and waste their time, only to be told their hearing was vacated days before.  Phone on Monday.

any last minute advice before I attend tomorrow?

Yes, today do a crib sheet of all the points you want to raise.  Because when in court it's easy to forget

Don't forget your costs schedule when you win

Ed2022 said:

Morning @Adam_, that is quite s sneak / dirty tactic as most would probably presume it has been vacated. Definitely what @Le_Kirk has 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."
 

Thanks both! Will get cracking with that today and i’ll make sure its brought up they did supply their WS. What time would you recommend getting to the court?

my hearings at 10am so I’d planned to get there for 9:30am

patient_dream

Adam_ said:

patient_dream said:

Adam_ said:

Coupon-mad said:

Adam_ said:

Coupon-mad said:

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?

I'll give them a call tomorrow, I did think of doing it today but didn't know if it was an acceptable thing to do, hopefully it does get struck out but for some reason I can't see that happening this close now otherwise I feel I would've been informed

No, you wouldn't.  Most courts just let people turn up and waste their time, only to be told their hearing was vacated days before.  Phone on Monday.

any last minute advice before I attend tomorrow?

Yes, today do a crib sheet of all the points you want to raise.  Because when in court it's easy to forget

Don't forget your costs schedule when you win

Ed2022 said:

Morning @Adam_, that is quite s sneak / dirty tactic as most would probably presume it has been vacated. Definitely what @Le_Kirk has 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."
 

Thanks both! Will get cracking with that today and i’ll make sure its brought up they did supply their WS. What time would you recommend getting to the court?

my hearings at 10am so I’d planned to get there for 9:30am

9.30 is fine ..... be prepared to wait though, the courts are like the airlines, they double and over book

Coupon-mad

Ask for your wasted costs because the Claimant has acted wholly unreasonably.

Even if a discontinuance arrives today, go to court tomorrow and insist on your costs due to their wholly unreasonable conduct.

Take a wage slip or proof of a wasted day's leave.

Snakes_Belly

Sorry about the injury.

Something that I would also put on the crib sheet is that the payment provider lost their FCA status around the same time as Excel's contract was terminated by Three Spires.   

Snakes_Belly

When you spoke to the court has the court received a copy of Excel's WS? 

Adam_

Coupon-mad said:

Ask for your wasted costs because the Claimant has acted wholly unreasonably.

Even if a discontinuance arrives today, go to court tomorrow and insist on your costs due to their wholly unreasonable conduct.

Take a wage slip or proof of a wasted day's leave.

Good thinking! I’ll make sure to do this

Adam_

Snakes_Belly said:

When you spoke to the court has the court received a copy of Excel's WS? 

No they haven’t the court confirmed it this morning. The woman on the phone had a ‘you’ve got nothing to worry about’ attitude without as much saying anything which gave me some hope

Adam_

Snakes_Belly said:

Sorry about the injury.

Something that I would also put on the crib sheet is that the payment provider lost their FCA status around the same time as Excel's contract was terminated by Three Spires.   

Currently sitting in A&E 🙄 not what I wanted before the hearing tomorrow