Feethams Leisure Darlington (Excel Parking)

S_Adam1998

Hi I am new to this Forum. I have read through a lot including the Newbies Q&As. I just have one question really, I have read a lot and after im in two minds if I will win or not. I have only just came across this forum and I am already quite far through my case. I have a court date on April 23rd. it was with Excel and Elms Legal but Elms legal have stepped away now. I have had letters saying they will accept £200 and they will call the court hearing off, my letter is saying it is £255 if I lose in court. I just want to know is the whole process too far gone for me to even win this?

Sorry if this is a big waste of time, I wish I found this forum earlier.

Coupon-mad

S_Adam1998 said:

Hi I am new to this Forum. I have read through a lot including the Newbies Q&As. I just have one question really, I have read a lot and after im in two minds if I will win or not. I have only just came across this forum and I am already quite far through my case. I have a court date on April 23rd. it was with Excel and Elms Legal but Elms legal have stepped away now. I have had letters saying they will accept £200 and they will call the court hearing off, my letter is saying it is £255 if I lose in court. I just want to know is the whole process too far gone for me to even win this?

Sorry if this is a big waste of time, I wish I found this forum earlier.

Welcome! Not too late to win!  You must attend the hearing but first:

- show us your exact defence.  In a reply here.

- show us your draft WS bundle because that Hearing Order has a deadline for you & Excel to exchange the evidence you intend to rely on.  See the NEWBIES thread for how easy WS stage is.

S_Adam1998

Hi Thanks for getting back quickly this is my first time dealing with all this stuff but I have a document that has everything in it from start to finish so I will send pictures of each page. I will mention that I did get this confused with a nearby car park that has a very similar name and only realised a few months ago that it was a different car park.

S_Adam1998

here is the rest of the document

Coupon-mad

So they sent you & the court their WS on 7th March (so they complied).  What about you?

Show us the 2 things I asked you to show us.

S_Adam1998

Hi Sorry,

I havent actually submitted a defence yet. is this something you could help with any advice on where to start? I thought I just had to show up to my court hearing, ive never done this before. 

S_Adam1998

I got the fined because it took me longer than the 5 mins they say you have to pay on entering the car park. although I did pay for a ticket, it took me longer than 5 minutes to find a space, download the app, sign up to the app add payment details then purchase a parking ticket, on the day my card got declined multiple times when trying to pay, not because of insufficent funds, but because the app just decided it wouldnt take payment after trying 3 different cards it took payment but this was after 19 mins of entering the car park. if they are going to give only 5 mins to purchase a ticket then they need to actually make it possible.

Coupon-mad

S_Adam1998 said:

Hi Sorry,

I havent actually submitted a defence yet. is this something you could help with any advice on where to start?

Sorry, you HAVE filed a defence. months ago.

You need to read the IMPORTANT - KNOW WHAT HAPPENS WHEN' section of the second post of the NEWBIES thread first, then show us the two things I asked for, so we can help you.

 I thought I just had to show up to my court hearing, ive never done this before. 

No you can't just rock up. You'll lose and you will not have complied with the instructions in your Hearing Order.  You are not even a witness without a witness statement...

We know that people who seek help here have never done this before which is why we have the second post of the NEWBIES thread all about court. It walks you through every stage, with linked examples.

JoeN1988

S_Adam1998 said:

I havent actually submitted a defence yet. is this something you could help with any advice on where to start? I thought I just had to show up to my court hearing, ive never done this before. 

Why on earth would you think that? Your claim pack tells you everything you must do and by when!

You've missed the deadline for sending your Defence by a long way. I don't know where this puts you now.

Filling a defence is easy. There is a template you can adapt in the newbies thread, which also tells you the email address you need to send it to. Then you must get cracking with your witness statement.

Your claim pack will tell you the deadline for your witness statement. Usually either 14 or 28 days before your hearing date.

Excel can easily be beaten in court (I did earlier this week) but you've not helped yourself by ignoring it. 

Coupon-mad

They've filed a defence months ago. We just need to see what they put!

nopcns

JoeN1988 said:

You've missed the deadline for sending your Defence by a long way. I don't know where this puts you now.

Filling a defence is easy. There is a template you can adapt in the newbies thread, which also tells you the email address you need to send it to. Then you must get cracking with your witness statement.

The OP must have filed a defence as they are now at WS stage with a hearing date. What was in that defence we don't know.