Second of two claims from Excel - Now at WS stage

HamzaM21

Submitted, but I haven't received any confirmation that my email has been received from the local county court. Is this normal? The email address was nottingham.ushers@justice.gov.uk

Le_Kirk

Call the court (probably too late now) on Monday, send another test email with no attachment, check the address.

KeithP

HamzaM21 said:

Submitted, but I haven't received any confirmation that my email has been received from the local county court. Is this normal? The email address was nottingham.ushers@justice.gov.uk

Are you sure that's the correct email address?
Where did you get 'nottingham.ushers' from?

Courtfinder suggests hearings.nottingham.countycourt@justice.gov.uk might be more appropriate.

Perhaps you should send to that address now.

Coupon-mad

Always send to a court's hearings email address.  AND of course with Excel copied in.

By the way your WS (which is very good) wrongly asks the court to 'sanction GLADSTONES' in para 43!

HamzaM21

Hi all @Coupon-mad @Le_Kirk @KeithP I haven't checked the forum since submitting the WS to the ushers email address (it was the email to which I was instructed to send my WS too on the letter that I received from the court). I didn't even pick up on the Gladstones bit @Coupon-mad, will this have a bearing on the validity of WS at all? I contacted the number at the bottom of the letter and called the secretary who issues the letters to see if my email (wih Excel cc'd) was received and she said that they have received everything and that I have done my bit so Excel can't say anything.

I did want to get some answers though as Excel then sent a supplementary WS after the deadline date on 02/10/2023 and I am wondering if this is fair considering they had already submitted a WS a week prior to me submitting mine. They have gone on and submitted another supplementary piece that is basically rebuttals everything in my WS and is essentially a copy paste of their initial one and one in which they have completely washed their hands off the Henderson vs Henderson case by starting the other case is not valid in this hearing, despite it being the same thing. I did receive a letter from Excel to offer a out of court settlement as they believe they have a very strong case against me and that they are likely to win. I am therefore wondering if you would be able to read over their WS please (i know its the same old rubbish that you have read before) but I am getting anxious about this whole thing with my hearing date is set for next week and I would like to see if you would be able to give me some pointers please?.

Im losing my mind as I dont want to concede defeat here as I know theyre in the wrong here and I have evidence of a bank statement showing payments going out to Excel, but they continue to present their evidence of their parking logs showing that my car isnt registered, but have refused to produce evidence showing that my payment has been received by their bank, which tells me they are trying it here having gotten away with the previous case I had with them. The other case where I ended up having to settle the payment or face a CCJ against my name, the same issue occurred in that my car did not register on the app and still I was penalised as they refused to take accountability for their poor parking application errors. I even had evidence of payment then and was given a PCN so I am infuriated that they continue to take liberties and get away with conning people. 

I have tried my best at redacting all my personal info as much as I can. Excels supplementary WS is after mine in the same document, but they have gone through each of my points and contested it and so Im left at odds end as to what to do now and would very much appreciate if you would be able to help me out here as I'd really like to win and stick it to these fraudsters. the dropbox link is: 

https://www.dropbox.com/scl/fi/74jm66de58koetrl60l7y/bundle-supplemental-statement-k6qz7591_N-Redacted.pdf?rlkey=f1fg24t8p85c3mn84c7hl0x6g&dl=0

hope you are able to access it. 

In the meantime I am just reviewing the other forum on here about hearings and what to look out for. I really want to be prepared ahead of this as best as I can. I have left posting on this forum for advice as I just kept kicking the tin down the road not having to face it, but caved in as you guys have helped massively thus far and would really really appreciate once last kick up the backside so I can nail this hearing please. Thanks a bunch. 

HamzaM21

Just read the 'Another one bites the dust' forum and read about @lego-9 's victory, however, it seems it depends on the judge that you get on the day, which seems like the luck of the draw and in my situation I don't know what to do as Ive been scammed once already by Excel and my evidence for rebuttal is a bank statement showing an outgoing payment to Excel on the date of the contravention and they still are not backing down. I could try and bring up the other case, but ultimately its down to the J on the day. And as far as my luck goes, I've not caught a lucky streak as of late so I apologise for any pessimistic of the situation. 

Coupon-mad

Well I'm not pessimistic!

Your WS is great, on point and you did everything in your power to resolve this dispute out of court ever since you realised the app was playing up.  Excel didn't!

That extra WS is a pile of repetitive rubbish repeated again and again.  A complete waste of the Judge's time and it failed to comply with the Hearing Order, due to it arriving far too late.

Ask the Judge right at the start (before the case starts off) to please strike out the repetitive prolix that is the Supplementary witness statement that arrived late and alarmingly misquotes Roch LJ twice (para 16 and 67).

Search the forum for

Roch LJ ratio

if you want to find out what's wrong with that.

Search the forum for Chaplair Kumari if you want to read how that doesn't apply...

Apart from that, keep doing what you've done. You come across as reasonable and they come across as trying to pursue you for an unfair term which their own agent's dodgy app made it impossible to perform.

Say that in court.

Point to s71 CRA which is the court's duty to consider FAIRNESS.  This cannot be fair and it breaches several examples in Sch2 of the CRA (print Sch 2 out and take it with you with the breaches highlighted beforehand...you can easily see what they are!).

Also I noticed the sign did not quantify the so called debt recovery fee AND their Witness didn't bother to attach the unreported cases of OPS v Wilshaw or VCS v Percy.

Hard luck to them then! By contrast, you did attach Excel v Wilkinson.

HamzaM21

Coupon-mad said:

Well I'm not pessimistic!

Your WS is great, on point and you did everything in your power to resolve this dispute out of court ever since you realised the app was playing up.  Excel didn't!

That extra WS is a pile of repetitive rubbish repeated again and again.  A complete waste of the Judge's time and it failed to comply with the Hearing Order, due to it arriving far too late.

Ask the Judge right at the start (before the case starts off) to please strike out the repetitive prolix that is the Supplementary witness statement that arrived late and alarmingly misquotes Roch LJ twice (para 16 and 67).

Search the forum for

Roch LJ ratio

if you want to find out what's wrong with that.

Search the forum for Chaplair Kumari if you want to read how that doesn't apply...

Apart from that, keep doing what you've done. You come across as reasonable and they come across as trying to pursue you for an unfair term which their own agent's dodgy app made it impossible to perform.

Say that in court.

Point to s71 CRA which is the court's duty to consider FAIRNESS.  This cannot be fair and it breaches several examples in Sch2 of the CRA (print Sch 2 out and take it with you with the breaches highlighted beforehand...you can easily see what they are!).

Also I noticed the sign did not quantify the so called debt recovery fee AND their Witness didn't bother to attach the unreported cases of OPS v Wilshaw or VCS v Percy.

Hard luck to them then! By contrast, you did attach Excel v Wilkinson.

Hi, @coupon-mad thank you for having faith in my defence. I am getting very anxious about this whole thing and just want it past me now. My hearing is on Wednesday 1/11/2023. I have been informed that I will be facing Judge Howard at Nottingham County Court, if anyone has had experience with this judge before, it would be good to know. I still haven't made a crib sheet and at this moment in time I am considering calling the court to reschedule the hearing, but at the same time thinking its better to get it over and done with would be the best port of call. 

As for the Roch LJ Ratio and Chaplair Kumari, I have searched the forum and have found several threads mentioning something about the ratio, but don't quite understand what it meant as they all state that it has been mentioned twice and doesn't actually quote the truth as it misleads the judge or along those lines, but I thought Id ask here as I don't want to end up getting the wrong interpretation of that. 

I just have a pessimistic view as think the judge will be going in their favour having read the case from Pringle114 who had a case with DJ Grey at Durham. They stated this:

"I LOST.

The judge deemed I was in breach of their contract by not displaying a ticket. He eas happy that the signs cllearly displayed the contravt terms and irregardless of me paying the money and not being issued one, they were compliant and I was not. He was also fairly dismissive of them refusing to supply PDT machine records etc."

They had also purchased a ticket, but they had paid for it in cash and not received a ticket at the machine. I on the other hand have my bank statement as proof and made efforts so hoping thats my evidence. Nevertheless, is there any last minute prep that I can do and also ive never been to court before, are there certain formalities etc I should follow and what paperwork should I be taking with me/having in front of me to present other than CRA Para 2 and S71?. Thanks all.

UncleThomasCobley

Don't assume that you will be in the same boat just because of on failed claim from 4 years ago. Reading back through that claim, the defendant failed to raise some issues regarding the CRA and could have appealed the faulty decision of a judge who errs in law.

Many things have changed since then and you are not going to get the same judge as you are not even at the same location. Instead of dwelling on one bad example, concentrate on the many more good ones. PMA.

HamzaM21

Last minute stress, but I forgot to send my details to the court i.e. my email and telephone number as the letter says between 3 and 7 days. It completely slipped my mind amidst other things going on and I have sent off the email to the court, but I don't know if this is now too late and if I will be penalised with the case going ahead and being deemed as a no show. My hearing is at 2pm and I will be contacting the court by telephone in the morning, but I am now in ultimate panic mode as I don't know what to do and I have worked so hard to get my WS together etc that I don't want this small error to dictate the whole outcome. Any advice please?