My first court defence

JoeN1988

Coupon-mad said:

Because the signs were inadequate.

Because the machine wasn't working.

Both the above are unfair terms & notices.

And because you can use CEL v Chan to suggest the claim should be dismissed.

And failing everything else, you can use Excel v Wilkinson and the DLUHC's analysis that exposes that the added £70 is excessive so that will be removed, even if you lost the case.  No-one loses BIG.

Elms Legal will step away anyway.  They only file generic claims then leave.  So it will be you v Excel and they and their hired gun legal reps are pretty useless in court, in our experience.

Outstanding. Thank you, sincerely.

At this point it's about the principal, not so much the money. I detest the bullying vultures so I'll make them work for every penny.

I submitted my defence today, so I should get working on my witness statement.

I'll keep it current in this thread. Your input is very much appreciated.

Le_Kirk

That is a classy looking car park!  The PPC - Excel -  are doing an outstanding job (not) managing it and keeping it in tip top condition.  They certainly have not excelled!

Umkomaas

Le_Kirk said:

That is a classy looking car park!  The PPC - Excel -  are doing an outstanding job (not) managing it and keeping it in tip top condition.  They certainly have not excelled!

They have excelled in keeping it in tip condition. 

Harvez63

Regarding photos, if you go on google street view, you can go back dates and look for historic photos? I used a this in my defence (not that is was ever needed in the end). Check top right of street view "see more dates", which should bring a slider up on the bottom of previous dates

UncleThomasCobley

@JoeN1988, can you confirm that you used the template defence when you submitted it? All 30+ paragraphs?

JoeN1988

Harvez63 said:

Regarding photos, if you go on google street view, you can go back dates and look for historic photos? I used a this in my defence (not that is was ever needed in the end). Check top right of street view "see more dates", which should bring a slider up on the bottom of previous dates

Street view does show the old inaqequate signage but the time stamp shows that the photos were taken 5+ years ago. Would a judge take any notice of this?

JoeN1988

UncleThomasCobley said:

@JoeN1988, can you confirm that you used the template defence when you submitted it? All 30+ paragraphs?

Correct  👍

Harvez63

JoeN1988 said:

Harvez63 said:

Regarding photos, if you go on google street view, you can go back dates and look for historic photos? I used a this in my defence (not that is was ever needed in the end). Check top right of street view "see more dates", which should bring a slider up on the bottom of previous dates

Street view does show the old inaqequate signage but the time stamp shows that the photos were taken 5+ years ago. Would a judge take any notice of this?

Are there no in-between years? 

Also how long ago was the incident? as it took them 5 years to bring it to court 

JoeN1988

Harvez63 said:

JoeN1988 said:

Harvez63 said:

Regarding photos, if you go on google street view, you can go back dates and look for historic photos? I used a this in my defence (not that is was ever needed in the end). Check top right of street view "see more dates", which should bring a slider up on the bottom of previous dates

Street view does show the old inaqequate signage but the time stamp shows that the photos were taken 5+ years ago. Would a judge take any notice of this?

Are there no in-between years? 

Also how long ago was the incident? as it took them 5 years to bring it to court 

Not that I'm able to find on street view. I can post the location if its safe to do so for anyone who's more adept with technology if you like?

The incident was in April of this year. 

JoeN1988

Here are the Streetview images: