Excel Parking Charge Notice Disabled Bay

Spillit1

Should I wait to see if the Claimants WS arrives before sending my son's? It needs to reach them by 13th September so I was going to post it 1st class on Monday 9th to the Claimant, and hand deliver to the court then too. Is it wise to hand deliver to the court, how do I get proof it's been delivered?

I'm guessing Excel will post theirs at the last minute so we don't get sight of it before the deadline. So can we bring things up in court on the day if anything needs challenging on their WS?

I adjusted the sentence about the parking permit to make it clearer. Is my son's WS ok to send now please?
A huge thank you for your kind assistance, time and effort.

Coupon-mad

But we don't post witness statements.

No advice says to use post for court stuff.  Both parties will use email to the local court and cc in the other party (or their solicitor if still acting).

Spillit1

Coupon-mad said:

But we don't post witness statements.

No advice says to use post for court stuff.  Both parties will use email to the local court and cc in the other party (or their solicitor if still acting).

My apologies, I've read so many threads I got muddled!

So should I leave it right up until the 12th to email in case the Claimant's ws arrives to pick apart?

Spillit1

Hi Coupon-mad, please can you kindly look over paras 4,8 and 31 I have altered to check they are ok please? Many thanks.

4. I recognised the signs of the onset of hypoglycaemia (hypo), I was shaking, weak, sweating, my heart was racing,  so I parked my car in the closest, safest place to my university accommodation to allow me to get into my accommodation quickly to treat my hypo with fast-acting glucose before potentially losing consciousness. By the time I had parked, my vision was blurry, I was dizzy, confused, and had reduced cognitive function and concentration, my body was shutting down, I was very scared. I tested my blood glucose with a finger !!!!!! to confirm hypo. I had run out of fast-acting treatment in my car. I very rarely get caught out but on this occasion I did and it was safer to simply park right outside my accommodation for quick access.

8. I wear an xxxx Insulin pump, as well as a xxx Continuous Glucose Monitor (CGM). My blood glucose (bg) readings are recorded on an app called xxxxx from my CGM every 5 minutes. The record history from xxxxx, which I accessed after receiving the PCN, showed I was hypo (4mmol or below) at the time of receiving the Parking Charge Notice on xxxx. (See Exhibit XX-04).

31. I was a resident at xxx from xxxx until xxxx. From xxxx I had my car at university and parked it in xxx car park every day and overnight as I had a permit. So I had used the actual car park many times. I usually parked in the car park up a steep hill behind my accommodation (See Exhibit XX-17). I used the entrance off xxxxx, up xxxx, where there is a barrier system in operation. I could enter the private land because I was a resident. I could park in the residence car park because I had a permit. I have never seen any visible parking signs at this entrance as claimed by the Claimant. I refer to Exhibits XX-18 – XX-19 taken from Google Maps street view which clearly shows no contractual signage at this entrance.

Coupon-mad

Yep looks fine.

Spillit1

Coupon-mad said:

Yep looks fine.

Thank you so much.

Just realised I haven't put in paragraphs 28-31 of your ws template. Should I add these plus the exhibit of Excel v Wilkinson? 

Coupon-mad

Yes I would have that exhibit.  Protects you a bit from the fake +£70 fee in the event of losing.

Spillit1

Thank you, I will add them at the end just before the conclusion.

Spillit1

Hi, well my son hand delivered his WS bundle to the court yesterday as wanted to ensure it got there as 61 pages long and a lot of courts don't allow anything over 50 pages to be emailed. They told him to post it in the letter box outside and phone today to check they've received it. 

4pm today was the deadline it had to be in by, so he phoned the Court at 12.30pm today (number 66 in the queue!! - a heads up in case people leave it later to phone!) A lady told him they had it on file, and that his case has been discontinued, on 11/9/24! He told her he hasn't received any correspondence, she said it will be on it's way.

I got him to check MCOL but nothing about discontinuance is on there. So to be safe he still sent his WS bundle to Excel, the court and bcc'd himself in at 2.30pm today.

We are over the moon they have discontinued, and will wait for the official paperwork to double confirm. I wonder if they read his defence and thought no chance? Especially as they didn't have sight of his WS. Unless of course they read it on here, which tbh wasn't difficult to work out who it was.

Will the discontinuance come from the Court, Excel or both? I will post it on here when it arrives if you want me to?

I spent many, many hours preparing his WS plus 30 odd exhibits, went through a ream of paper, plus 4 ink cartridges! But I would rather have been prepared and not needed it, than unprepared and needed it! 

Thank you for your valuable advice, help, knowledge,  time and effort, especially CM, don't know what I would have done without you and this amazing forum. It is saved in case there is ever a next time (hopefully not).

Coupon-mad

Brilliant news. That's a win!

ANOTHER ONE BITES THE DUST!

Excel should have sent your son a copy of the NoD.  He could email them to ask for it.  Nothing else will arrive but hey - congrats! So glad we can help people like this every day.