Excel Parking Charge

Luc1fer

Coupon-mad said:

Luc1fer said:

Coupon-mad said:

It doesn't bear weight I'm afraid (not in this case) because the Defendant has admitted to driving.  POFA deadlines rendered irrelevant.

Your para 4 still says "there is a persuasive appeal judgment". Nope. There are two.

Remove paras 6 and 7.

Remove the word 'Accordingly' which makes no sense at the start of para 8.

Working on this now

Question - what's the reason for removing paras 6/7? They cover additional cases of CPR breaches?

Because they are already in exhibit 1 and are not persuasive cases. They just show a pattern, that's all. You don't need to expound them.

Ahh, fair enough! 

Don't suppose you're able to help with OPs questions around costs? 

Thank you! 

Coupon-mad

Costs assessment is just a sheet stating the D's witness costs (not lay rep because they aren't a witness).  Send with the WS bundle. Attach proof of daily rate.

Ask for a minute to discuss costs at the end but don't expect to actually get them. Some Judges say a flat "no costs" in small claims.

Luc1fer

OK... Witness statement and schedule of costs submitted to the court/claimant.

Let's see what happens...........

Thanks again for the help ladies and gents, we're eternally grateful.

Luc1fer

@Coupon-mad - I'm reviewing the case and collating evidence etc...
It appears as if the defence was never served to the claimant at the pre-hearing stage.
Is this worth sending now or waiting until the hearing (Friday)

WS has been sent to them.

Cheers.

Coupon-mad

Defence is automatically sent by the CNBC.

Luc1fer

Coupon-mad said:

Defence is automatically sent by the CNBC.

I did think this was the case, thanks.
We're all set for Friday I believe, plenty of copies of everything.

I'll read through the newbies thread again but any advice specific to this case?

Also... we've not had any witness statement from Excel, is this normal? - I assume that the deadline for a WS also applied to them? Perhaps a good sign

Thanks again.

Coupon-mad

You should have done. Which solicitor?

Luc1fer

Coupon-mad said:

You should have done. Which solicitor?

Elms Legal were representing but pulled out 6o Excel themselves. 

Coupon-mad

Wait until midweek then ring the court to check that Excel haven't discontinued. 

Take to the Friday hearing, proof of having emailed the Defendant's bundle to the court and to Excel's litigation team because they have form for their hired legal reps pretending that the D's WS hasn't been received. They play that game a LOT.

Then once you've proved service, tell the Judge that Excel didn't serve the D with their bundle so you have no idea of their supposed evidence, which the D has never seen.

If the Judge wants to adjourn, OR (hopefully) if they decide to dismiss the claim due to the Claimant's failure to comply with the hearing Order, insist (politely) that the D should be awarded their wasted costs - loss of salary or leave, as per the CPR 27.1(2)(e):

"a sum not exceeding the amount specified in Practice Direction 27A for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing;".

Take proof of loss of salary or leave with you.  This doesn't apply to a lay rep.

Luc1fer

We've contacted the court and they have confirmed they have received a notice of discontinuation from Excel and Excel allegedly copied in the OP (which they did not of course...)

This is great news, thank you all for your help. Another scam claim quashed!

Is there a chance that we might still be able to claim costs based on taking days leave/prep time etc? I appreciate we've not actually been to the court...