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Excel Parking Charge

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  • LDast
    LDast Posts: 2,496 Forumite
    1,000 Posts Photogenic Name Dropper
    You do understand that it is the Claimant, not the Defendant that pays the hearing fee. 
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 2 August 2024 at 1:26PM
    I've not read back through your thread, but why do you think you have to pay a hearing fee?

    You are right... you can never be too careful.   ;)
  • Gr1pr
    Gr1pr Posts: 8,210 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 2 August 2024 at 1:30PM
    Post a redacted picture of the court order, especially those deadlines, no personal information 

    Payment by the Claimant is a strong indicator that they are going ahead, BUT , they can discontinue at any point up until the hearing 

    Post 2 in the newbies sticky thread has half a dozen exemplar witness statements you can use as a basis of your own bundle 

    Study any recent cases, especially any concluded cases from this year 

    On a side note, courts are backlogged and the post office have both had publicised issues over the last few years, I wouldn't be worrying about it taking a month, as long as it arrived, life's too short 
  • LDast said:
    You do understand that it is the Claimant, not the Defendant that pays the hearing fee. 
    KeithP said:
    I've not read back through your thread, but why do you think you have to pay a hearing fee?

    You are right... you can never be too careful.   ;)
    Yes, my apologies, I had misread.
  • Luc1fer
    Luc1fer Posts: 28 Forumite
    Fourth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 2 August 2024 at 2:03PM
    Afternoon,

    As previous, I'm assisting the OP in this case from a non-legally trained but interested position.
    I'm aiming to attend as a friend for the hearing - does this require prior notice given to the court?

    Secondly, in terms of a witness statement - I will be instructing the OP to use great portion of the initial defence submitted (as it contains best evidence), I presume there's no issue in doing so?

    It's unclear whether Excel have paid the hearing fee based on this letter from what I can tell - the OP will shortly be posting a redacted copy of the order.

    With regards to the OP mentioning the apparent error - I'm going to suggest they contact the court directly to challenge this as there's clear ambiguity unless anyone here has any immediate objections?

    Thanks
  • As requested - the Court Order, and I've also attached the Notice of Trial Date for good measure.

    Apologies for the quality - I'm having issues with adobe & my scanner







  • Gr1pr
    Gr1pr Posts: 8,210 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    There are 2 types of friend, McKenzie friend, or a lay representative, so probably the latter, so look up and print the lay representative right of audience, as seen in other threads 

    A witness statement does not repeat the defence, it adds details, Exhibits etc, half a dozen exemplars are in post 2 in the newbies sticky thread in announcements 

    Excel have until the 16th to pay the trial fee, so another 2 weeks, so probably not paid yet, meaning that the defendant should check with the court after the 19th

    The defendant should get clarity from the local court regarding the deadline day for the bundle to be submitted to both parties 
  • Luc1fer
    Luc1fer Posts: 28 Forumite
    Fourth Anniversary 10 Posts Name Dropper Combo Breaker
    So, I'm helping OP create the WS however I've noticed a mistake in the defence.

    The defence references that a sign was believed to have been erected after the date of the visit to the park and the honest held belief is the same but the defence states there is a date code of 0823 printed suggesting August 23 however upon review of the evidence this is incorrect and is actually 0623.

    The date of the incident was 27/06/23 - is there means within the WS to correctly address this typing error?

    Thanks.
  • Coupon-mad
    Coupon-mad Posts: 151,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You only need to concede that minor point at the hearing and only if the C's rep raises it (or if they cover it in their own WS).

    It may not come up. Ignore it in the WS.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Luc1fer
    Luc1fer Posts: 28 Forumite
    Fourth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 23 August 2024 at 7:37PM
    So, a small revelation - whether correct or not, I asked the OP to submit an additional SAR as quite frankly, I want to know what they know.

    This was submitted on the 15th July (the same email/method as before) and they haven't responded and it's now well over the 1 calendar month.

    Whilst I'm aware this is an issue for the ICO, I can see some benefit potentially to bringing this up at the hearing?

    I hope to have a draft WS on here today.

    Thanks
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