Excel Parking LBC following PCN after 14 days

westcoast888

Claim number is the same

Coupon-mad

Yes add it to your WS bundle and tell the Judge how this scared you, and argue that it surely meets the Dammerman high bar for 'wholly unreasonable conduct'.

westcoast888

Coupon-mad said:

Yes add it to your WS bundle and tell the Judge how this scared you, and argue that it surely meets the Dammerman high bar for 'wholly unreasonable conduct'.

There was a further letter from excel. This letter went on to say that they had a good case against me and would be seeking extra costs of c£220 for employing the services of a local solicitor. I will post an image later. I was wondering if these 2 letters would together both be classed as unreasonable conduct.

Fruitcake

Solicitors costs are capped in the small claims court. Excel know very well that they cannot claim more than this, about £55 I think, so I would suggest them saying they are going to add £220 to the claim is unreasonable. It is their choice to pursue the claim and it is their choice if they want to pay a solicitor money to act on their behalf.
They don't have to employ a solicitor.
They already have a solicitor. 
It's not your fault if they want to pay twice for the same thing and it's unreasonable to expect you to foot the bill.

Fruitcake

Elms Legal are not regulated by the SRA, but they do have a solicitor on their books who is. He also works for two other PPCs. There is no reason why Excel couldn't have used the Elms in-house solicitor.

westcoast888

Fruitcake said:

Elms Legal are not regulated by the SRA, but they do have a solicitor on their books who is. He also works for two other PPCs. There is no reason why Excel couldn't have used the Elms in-house solicitor.

I guess it’s to do with the court location. It’s quite a distance from sheffield

Fruitcake

westcoast888 said:

Fruitcake said:

Elms Legal are not regulated by the SRA, but they do have a solicitor on their books who is. He also works for two other PPCs. There is no reason why Excel couldn't have used the Elms in-house solicitor.

I guess it’s to do with the court location. It’s quite a distance from sheffield

Tough. It's their choice whether to employ a local hired gun or to use the legal company they have a contract with and use one of their solicitors. 

westcoast888

Looking at the claimants’ WS it states that the terms and conditions are displayed at the entrance. The entrance signs only say that the T&C’s are displayed at the ticket machine. Is that fair?

Snakes_Belly

westcoast888 said:

Coupon-mad said:

Yes add it to your WS bundle and tell the Judge how this scared you, and argue that it surely meets the Dammerman high bar for 'wholly unreasonable conduct'.

There was a further letter from excel. This letter went on to say that they had a good case against me and would be seeking extra costs of c£220 for employing the services of a local solicitor. I will post an image later. I was wondering if these 2 letters would together both be classed as unreasonable conduct.

They always say that they have a good case. The mention of extra costs of £220 is a new wheeze to bully you into paying up.

The whole principle of small claims is that a lay person can seek resolution through the small claims process. It is not intended as a means for these aggressive parking companys to collect monies based on spurious claims. They continually abuse the court system and many judges are become wiser to their antics.  

westcoast888

First draft, might be a bit ropey but hoping some of you can help please! ive based it around the excellent WS by SJRRJS

https://www.dropbox.com/scl/fi/yxl7cxzwssrd06c610lq8/My-Witness-Statement-v2-redated.docx?dl=0&rlkey=hrrpfl5rqqzzavg1d0v2os9f9