Excel Parking Services - Siddals Road car park Derby -(I WON!)

MysticDad

The saga continues.  Just had a letter from Excel - they have ditched Elms and have applied to represent themselves. They have offered me a 'reduced settlement' of £185!

No details on how they have calculated this figure, or any comment about what was said at the set aside.

I'm not sure whether they have even given consideration to the judges comments during the set aside.

Advice on my options would be appreciated.  

Grizebeck

No its just a standard letter. Ignore it

Coupon-mad

Seconded,  A template letter from Excel.  They've looked at nothing.

MysticDad

Thank you.  I'll sit tight.

MysticDad

Excel have sent another letter, this time demanding a reduced settlement figure of £192.50 (which is £7.50 more than in their last letter).

They are now telling me that they will pursue an additional £220 costs because if I don't settle they will have to hire a solicitor and attend the hearing.

I'm really getting bored of this auto-generated template rubbish.  On the plus side, my credit record has been updated with the CCJ removed.

Coupon-mad

They are a sad and greedy bunch of ex-clampers and the stuff about you being liable for additional legal costs is untrue and misleading.

Yet another IPC firm who (IMHO) will teeter on the edge of a DVLA ban when the new regulatory regime is in full throttle, and will not be missed if and when they fall.

MysticDad

So, Excel seem to still be intent on  pursuing this, although they haven't applied to amend their initial claim as far as I am aware.  I've now got a query about the Order made as a result of the Set Aside (attached).

In preparation for the Set Aside I provided two statements. ((The second one was basically an updated version of my original statement with some updated information and clearer legal argument (they don't contradict one-another)). My statement included an exhibited draft defence.  The Order states that these witness statements will stand as my Defence.

1) Does this mean that I don't have to resubmit them by the 19 Jan Deadline because the court already has them?
2) Does this mean that I am not expected (or permitted) to provide an additional further Defence statement?
3) The Notice states that the hearing will be via video link - it is likely (or otherwise) that I'll have the same judge as at the Set Aside?

Coupon-mad

You probably won't get the same Judge but they are saying your WS x 2 stand as your defence.

Do you feel that is fair and just?  Were the WS about the PCN or only about moving house and the set aside arguments?

KeithP

That Order only says that your Witness Statements - two of them - will stand as your Defence.

It does not say you cannot supply a new Witness Statement and evidence.
Indeed, my reading of para 3 says you must supply a new Witness Statement.

MysticDad

Thank you for the clarification. 

The statement covered the Set Aside and the draft defence established the reasons why I believe I would be successful in defending the claim. The Draft defence is also not signed.

The wording in the notice doesn't read very clearly, but it doesn't make sense that I am not allowed (or expected) to provide a final defence, particularly in light of the judge's comments at the Set Aside.



There is certainly more information that I would like to add.  I will provide an expanded Defence statement.