Excel parking DCB Legal court claim

jono78

What is not clear to me from the letter sent to me is how i submit the witness statement and pay the hearing fee.

it says check if you can issue your claim online go to moneyclaim - i tried to log in but looks like the password no longer works? I do remember logging into this before

ChirpyChicken

You have not read the order properly.
No where does it tell you to pay a hearing fee.
You send the witness statement to the local court by email

Coupon-mad

jono78 said:

What is not clear to me from the letter sent to me is how i submit the witness statement and pay the hearing fee. 

Whoa.

You want to pay their hearing fee for them?!

Think about it. A defendant obviously doesn't pay anything to defend, otherwise anyone could sue anyone, throwing jumped up allegations at people for any old scam...

...oh, wait! 

jono78

Just had confirmation i can email WS

"yes you can email any correspondence in as long as it is 30 pages or under, anything over this has to be sent in to the court via hard copy "

Gr1pr

There you go, email if its under 30 pages, a paper bundle hand delivered or by post or courier if its over 30 pages ( a typical limit is 50 pages,  not 30  ) to your local nominated court, the court named on the court order 

You would also copy in the lawyers  ( or sometimes the claimant if no lawyers are involved  ) , so one email to the court with the pdf WS bundle attached,  and CC the other party too  ( same as everyone else   )

Please note, MCOL is now out of the equation,  no longer involved,  so that aspect will never be updated 

jono78

excellent thanks

I need to think about this WS some more and get something together. Esp around disputtimng inflated costs

i saw this

1The Claimant is not entitled to claim the sums sought, as they have not demonstrated standing to sue. .

2. The parking charge is an unenforceable penalty and does not comply with the requirements set out in ParkingEye Ltd v Beavis [2015] UKSC 67. 

3. The charge exceeds the industry cap of £100 and appears to include unlawful additional fees.

I guess i need to include case law or at least link to it?

Do i need to point out the incorrect PCN issue date on the POC?

Main things: indebted,contract and amount being asked with damages


https://www.gov.uk/employment-tribunal-decisions/mr-j-kershaw-v-excel-parking-services-ltd-1800419-2020

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Coupon-mad

Why not just follow exactly what I've put in the WS & evidence section of the NEWBIES thread and do the forum search that I suggest there, changing the results to NEWEST?

jono78

thats exactly what i have been doing. - which is great thanks

I have some examples and have been looking at the example case law to include to dispute my POC. I'll be looking now to assemble photographs and evidence

Coupon-mad

Great stuff. 

jono78

Do i question the amount claimed vs whats on the POC?

on the POC is states "1. £170 being the total of the PCN(s) and damages"

on the right hand side of the claim form it states

Amount claimed: 175.40

Court fee: 35.00

Legal rep costs: 50.00

Total amount: 260.40