Excel Parking LBC following PCN after 14 days

KeithP

westcoast888 said:

Umkomaas said:

Brilliant, many thanks. Can I reference their WS in my WS? 

Not quite clear about the meaning above. If you you mean can you use it as a framework for your own, personalising it to match your circumstances, then that's a good idea. But if you mean putting links or copying it to add into your own WS, then that's a 'no'. 

Just so there's no misunderstanding. 

I meant can i refer to the claimants WS and dispute their points

Yes you can. Which is why a Claimant will leave filing a Witness Statement until the last possible moment - to reduce the opportunity for the Defendant to do that.

For the same reason, you shouldn't file your Witness Statement too early.

westcoast888

KeithP said:

westcoast888 said:

Umkomaas said:

Brilliant, many thanks. Can I reference their WS in my WS? 

Not quite clear about the meaning above. If you you mean can you use it as a framework for your own, personalising it to match your circumstances, then that's a good idea. But if you mean putting links or copying it to add into your own WS, then that's a 'no'. 

Just so there's no misunderstanding. 

I meant can i refer to the claimants WS and dispute their points

Yes you can. Which is why a Claimant will leave filing a Witness Statement until the last possible moment - to reduce the opportunity for the Defendant to do that.

For the same reason, you shouldn't file your Witness Statement too early.

Thank you. I’m working on it today and tomorrow as it has to be in by Wednesday midday. They have already filed their WS. Can they add to it at any time or maybe the court has staggered the deadline?

Fruitcake

westcoast888 said:

Fruitcake said:

I've only had a quick look, and having individual pdfs makes it hard work rather than combining the whole of their WS into one pdf, however,

Some of the contract pages appear to be missing, some are unnumbered, and there is no name, signature, and date on the contract from Excel. Normally they are signed by Simon himself. Have you missed anything out or is the WS exactly as you received it.
The site plans have no (contract) page numbers.

The only signs bar one that are readable are stock images held on a computer file. The images of signs that purport to form a contract with the motorist that were taken by the parking operative at the time of the alleged event are blurred and unreadable. There can be no consideration if the offer (Ts and Cs on the signs) is unreadable, therefore there can be no acceptance and therefore no contract can be formed.

Were you driving and has this been admitted in your defence? The landowner contract refers to users of the site, in other words the driver(s). If you were not driving then the landowner contract cannot apply to you.
If you were driving then it is irrelevant.

The landowner is registered as a Mutual Society, and Missus William's signature on the society's accounts matches that on the landowner contract as well. Her handwriting matches the hand written characters (date and initials) that changed the date, and she was a director before and after the date of the alleged event. 

From that I deduce that the contract start date was the 1st of October (2018), and that the date change is genuine, so sadly is of no value to you.

Consequently you need to concentrate on the other points, the main ones being the unreadable signage so you need to put the claimant to strict proof that the contrary is true.
You are also helped by the claimant's own evidence showing that the driver could not have seen the signs because there was a van in the way

As for the date, as my alleged incident was on the 2/10/21 exactly 1 day after the 36 month contract is up. Is this important at all? 

incidentally, the images of my vehicle are very very poor and from what I can see do not show the vehicle parked. You can only really make out the VRM and the basic outline of the vehicle. Is this of any merit? I can post the images but was unsure if that was a good idea or not? 

I hadn't realised the date of the alleged event was after the third anniversary of the altered date. You should definitely state this in your WS and refer to the 36 month contract period having ended before the material date.
The claimant has failed to provide evidence that the contract was renewed therefore they had no standing to issue the parking charge at the material time. You put the claimant to strict proof that the contrary is true.

You do the same with regard to the photos. You state that they do not show the vehicle parked and put the claimant to strict proof that the contrary is true.

The same applies to their images of the signs. They claimant's own images show that the signs on site at the material time were unreadable and incapable of forming a contract. You must state that the only clear sign is a stock image from a computer not an image of a sign at the site.
Put the claimant to strict proof that the contrary is true.

Refer to each paragraph number and exhibit number when commenting on them.

KeithP

westcoast888 said:

KeithP said:

westcoast888 said:

Umkomaas said:

Brilliant, many thanks. Can I reference their WS in my WS? 

Not quite clear about the meaning above. If you you mean can you use it as a framework for your own, personalising it to match your circumstances, then that's a good idea. But if you mean putting links or copying it to add into your own WS, then that's a 'no'. 

Just so there's no misunderstanding. 

I meant can i refer to the claimants WS and dispute their points

Yes you can. Which is why a Claimant will leave filing a Witness Statement until the last possible moment - to reduce the opportunity for the Defendant to do that.

For the same reason, you shouldn't file your Witness Statement too early.

Thank you. I’m working on it today and tomorrow as it has to be in by Wednesday midday. They have already filed their WS. Can they add to it at any time or maybe the court has staggered the deadline?

It is unusual to have a midday deadline.

They will usually have the same deadline as you. If they are different you will have already been told about that, but it is unusual.

After having filed a Witness Statement and evidence, if a party wants to add more they can file and serve a Supplementary Witness Statement. But be careful to avoid getting into an ongoing slanging match.

Fruitcake

westcoast888 said:

KeithP said:

westcoast888 said:

Umkomaas said:

Brilliant, many thanks. Can I reference their WS in my WS? 

Not quite clear about the meaning above. If you you mean can you use it as a framework for your own, personalising it to match your circumstances, then that's a good idea. But if you mean putting links or copying it to add into your own WS, then that's a 'no'. 

Just so there's no misunderstanding. 

I meant can i refer to the claimants WS and dispute their points

Yes you can. Which is why a Claimant will leave filing a Witness Statement until the last possible moment - to reduce the opportunity for the Defendant to do that.

For the same reason, you shouldn't file your Witness Statement too early.

Thank you. I’m working on it today and tomorrow as it has to be in by Wednesday midday. They have already filed their WS. Can they add to it at any time or maybe the court has staggered the deadline?

Both sides could introduce a supplementary WS based on information seen in the other's WS, but some judges don't like the two parties playing WS pong-ping.
You both have the same filing date. If they have sent theirs early then that is a bonus.

westcoast888

Is there any merit in adding this letter to my WS? When I first read it I thought the court case had already happened somehow early! Very sly behaviour seeing as it included the court case claim number.

westcoast888

shortly after the ELMS letter above, i received a letter from Excel informing me that ELMS were no longer representing them

KeithP

westcoast888 said:

Is there any merit in adding this letter to my WS? When I first read it I thought the court case had already happened somehow early! Very sly behaviour seeing as it included the court case claim number.

What is the date of that letter?
Is that letter referring to the same claim number as the claim you are currently dealing with? That letter states that a Default Judgment has been made.

westcoast888

The letter is dated end of December 2022

westcoast888

Court case is beginning of may