Excel Parking CCBC Claim Form - What next?

Umkomaas

Well done @Sazzy61 👏

Sounds like a Judge who has dealt with this stuff previously, being 'on the ball' on pdf stock copies of signage, the redacted VRMs and the great spot on the fact that the signage said nothing about keying in the VRM. We might have seen previous private parking cases handled by her. 

Could you share the Judge's name and the location of the court please?

Coupon-mad

There's nothing about human rights or privacy in our WS!

Yes, I sent in the witness statement, followed all of the advice posted earlier. The judge actually asked me about the part regarding human rights and privacy etc.... I had to admit that I didn't actually know what was in all of that because my defence was downloaded 'on the advice of others'.

I don't mean the defence.

I meant: did you file and serve the WS and evidence bundle last month, a few weeks prior to the hearing, as our advice clearly tells everyone that 'defence is not your only job'.

It sounds like you didn't follow the advice beyond the defence stage, which is against everything we tell people to do and in breach of the Court Hearing Order but you got lucky!

Sazzy61

Umkomaas said:

Well done @Sazzy61 👏

Could you share the Judge's name and the location of the court please?

I dont remember her name, but this was at Wigan magistrates court. When the letter arrives I will post that; it will have the judge's name on it.

Coupon-mad

You really did get lucky because Wigan Court has not been good at sussing parking firm scammery.

Sazzy61

I meant: did you file and serve the WS and evidence bundle last month, a few weeks prior to the hearing, as our advice clearly tells everyone that 'defence is not your only job'.

It sounds like you didn't follow the advice beyond the defence stage, which is against everything we tell people to do and in breach of the Court Hearing Order but you got lucky!

I did send in a witness statement, but it was exactly the same as the defence statement from earlier; I had nothing else to add. However, I did include some images of the car park as it is now and how it was in 2016. Also an aerial view showing my location within the car park. I also included a copy of my ownership certificate showing the date I acquired the car, 11 days earlier.

It seemed a bit inadequate compared to the raft of diagrams, images and statements that they submitted, so yes I got lucky!
Lucky because Excel posted hard copies of the sign location map out to their rep and to the court, printed in glorious black and white, whilst they just emailed it to me in technicolour. Probably a cost-saving move to not waste the colour cartridge in the office printer; stupid mistake on their part, but very lucky for me. 
Similarly with the depictions of the signage; they chose to be clever and submit sharp, concise graphical representations of the signs rather than photographs of the signs themselves. 
Even more fortunate was that when I was choosing images from Google Streetview to use for my WS, I initially chose a view of the entrance which showed all the signs in situ, but later decided to use a different shot from further inside the carpark, beyond the entrance. Had I used my initial image, it would have helped the judge to understand their case against me, so again a stroke of luck for me.

So I can't claim to be a legal wizard or a clever orator; I have openly admitted that I know nothing about any of this process, both here and in the court to the judge. I think if anything, Excel have been sloppy throughout; providing inadequate evidence and appointing a representative who seemed to have no real interest in the case beyond getting paid for his time. 

They also underestimated me and the help I have had from the MSE forum. 

Umkomaas

It seemed a bit inadequate compared to the raft of diagrams, images and statements that they submitted

That's because they have them in stock, as templates, having used them in dozens of cases previously, and will use them in dozens of cases to come. Yours was just a one-off experience. 

Coupon-mad

Very well done, however it was achieved!

Hope you are resolved to do the Public Consultation, now you are aware of it from my earlier reply?

Snakes_Belly

"So I can't claim to be a legal wizard or a clever orator; I have openly admitted that I know nothing about any of this process, both here and in the court to the judge. I think if anything, Excel have been sloppy throughout; providing inadequate evidence and appointing a representative who seemed to have no real interest in the case beyond getting paid for his time."

I would not put yourself down. You won at the end of the day and it's an empowering experience. It will give you more confidence to deal with issues that arise in the future.    

Ed2022

Well done.

Sazzy61

And a final footnote to this story...