Excel parking faulty machines

Le_Kirk

Coupon-mad said:

You should be basing your WS on the one linked as a recent example in the NEWBIES thread - by baz something - and including 3 of his exhibits which are standard to all cases (dead easy to suss which three).

Since there are quite a few baz's I thought I would tell the OP its this one: -
@Baz417

robberydaylight

I wanted to ask if anyone had recent experience of sending a witness statement to Excel Parking? The court say that I can send their copy by email provided it is less than 10MB, so I don't foresee a problem there, I was going to send that this weekend ahead of the deadline. However confusingly Excel on their website and in a letter say "if you have recently received a county court summons or CCJ relating to Excel Parking .... Email directly to litigation@excel...." But on one of the many recent letters from them they say we only accept documents by post. I was planning on sending it to Excel to arrive on the last day of the deadline to give them minimum time to respond and prepare. If I send it by post I could use next-day-guaranteed-signed-for, which means I get a photograph of the documents arriving from the post office website. They could refuse to sign for it though or try to pretend it didn't arrive knowing Excel. I wondered if there was a standard best way of doing it? I am grateful for any pointers here.

B789

Of course you don't send it by registered post. As you note, all you could guarantee is that it wasn't delivered. As you have an email address for Excel, just use that and send it as a PDF attachment to the court AND to Excel AND you CC in yourself so that you have definitive proof you sent and received it. The court will auto-respond.

Ignore their pathetic attempt to try and prevent the delivery of documents by email. It is just part of their scam.

If it ever actually gets to a court hearing and they try their usual deceit of claiming they never received your WS, you take a hard copy with you and point out to the judge that the court received theirs, you received it and here is a hard copy for the Claimant or their solicitor. The judge and you can show that your email was sent to them in the header detail.

Most judges will see through their incompetence and deceit.

Coupon-mad

I would email it ON the deadline day just before 3pm (to the local court & Excel) and also - the day before - pop a full hard copy of your WS and evidence in the post 1st class (not signed for) but get a free CERTIFICATE OF POSTING from a PO counter.

Excel are notorious at hearings for getting their rep to say they "didn't receive the consumer's WS bundle."  Some Judges have fallen for it.

So have 2 x proof with you, the Cert of Posting and proof of the 'sent' email into which you copied Excel's litigation email address at the same time (same email) as it went to the local court. 

robberydaylight

Thanks again for the advice - I did as you suggested  and leaving it to the last minute also meant that Excel sent their WS and bundle before I had sent mine which I think is probably an advantage.

In the Notice of the hearing letter that the court sent, there is a line that says 'all Bundles of documents must be removed at the end of the Hearing. This includes the Judge's bundle unless the Judge requests it to be retained'. This made me wonder what it is that I should prepare and take to the hearing - should I do a printout of everything including defence and WS bundle x 3, a copy for the Excel rep, one for the judge and one for me?

All advice much appreciated

Le_Kirk

It is recommended that you take your defence and witness statement, evidence and crib sheet (if you have created one) plus a spare copy of the WS in case the claimant plays the "we didn't receive the defendant's WS judge" card.  Also take proof that you sent it to the claimant. 

Coupon-mad

robberydaylight said:

Thanks again for the advice - I did as you suggested  and leaving it to the last minute also meant that Excel sent their WS and bundle before I had sent mine which I think is probably an advantage.

In the Notice of the hearing letter that the court sent, there is a line that says 'all Bundles of documents must be removed at the end of the Hearing. This includes the Judge's bundle unless the Judge requests it to be retained'. This made me wonder what it is that I should prepare and take to the hearing - should I do a printout of everything including defence and WS bundle x 3, a copy for the Excel rep, one for the judge and one for me?

All advice much appreciated

Organising bundles is down to the legally represented party.  Not down to you, as long as the court has a copy of everything you sent to Excel.

But there is something else for you to file & serve next week:
https://forums.moneysavingexpert.com/discussion/6473149/major-judgement-where-judge-strike-out-the-claim-form/p1

Attach it to a short supplementary WS.

robberydaylight

Thanks again for the advice! I've sent a supplementary witness statement  as you suggested based on the Civil Enforcement v Chan case. Just waiting for the hearing week after next, fingers crossed.

robberydaylight

Just to feedback - did the hearing which went very well. The Judge seemed very nice. It was a much bigger room than I was expecting but my husband was allowed to sit in at the back. The Judge said my evidence was more compelling and specific than Excel's.  The Excel solicitor tried to say the machines (plural) were working - there were two of them - but couldn't account for why data from the subject access request only provided ticket sales from one machine when asked to explain. The Excel solicitor was allowed to question me. He kept asking in different ways why I hadn't paid with the app if I though the machine wasn't working, I replied by saying 'are you suggesting I should have paid twice?'. The Judge then said she was dismissing the claim on the basis that the machines were faulty. It took about 40 minutes. None of the other legal arguments I'd prepared were needed. I had a long list of costs I was claiming including post office receipts, petrol, parking, lots of earnings. The Excel solicitor objected saying they were unreasonable particularly the amount of loss of earnings and the £50 post office receipts but the judge disagreed with him and awarded them all. I'm very grateful for all the advice and assistance I've received on this forum - I wouldn't have had a clue what to do otherwise - Thank you all.

UncleThomasCobley

Excellent news. Well done. Thank you for the court report.  All done in just two pages of this thread.

Excel spanked in court and full costs awarded.

Which court? Which judge?

The Excel solicitor was allowed to question me. He kept asking in different ways why I hadn't paid with the app if I though the machine wasn't working, I replied by saying 'are you suggesting I should have paid twice?'.  

AOBTD!!!