Excel parking DCB Legal court claim

jono78

Is it best to include all the examples fro court strike outs to add to my case (under exaggerated claim and market failure)

That puts the doc at around 65 pages which is over the amount to email

jono78

Also should i receive a WS from the claimant soon? I notice in some witness statements they reference claims made in thge claimants witness statement

Coupon-mad

jono78 said:

Excel Parking

DCB Legal

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

jono78 said:

Is it best to include all the examples fro court strike outs to add to my case (under exaggerated claim and market failure)

No...and you aren't even using those, surely? Chan and Akande aren't relevant to your case. You knew that at defence stage. You didn't use them. Your WS is designed to support your defence with evidence.

Read some more WS from this year by just spending some time searching and reading NEWEST search results.

In your early posts you said this was a non-POFA NTK and you said you were posting on behalf of someone else. Was the named Defendant driving? I think they were and the defence admitted that, so the POFA is irrelevant in your case.

Yes they will send a WS and Excel do usually take cases to hearings. It will be pretty much all about evidencing the lack of signs. You've hopefully gone & got photos as evidence for your case?

jono78

got it. I need to provide exhibits which back up the defence on

Exaggerated Claim and 'market failure' currently being addressed by UK Government

CRA breaches and,Lack of standing or landowner authority, and lack of ADRParkingEye v Beavis is distinguished

these are all mentioned in my defence (template defence)

"Read some more WS from this year by just spending some time searching and reading NEWEST search results."

yep. i have 4 recent examples i've been using and most of them have a lot of exhibits

"Yes they will send a WS and Excel do usually take cases to hearings. It will be pretty much all about evidencing the lack of signs. You've hopefully gone & got photos as evidence for your case?"

Yes.

jono78

'? Chan and Akande aren't relevant to your case."

 They reference a vauge POC. In my case they show no time of alleged breach, fail to specify terms.

Doesn't Chan and Akande state about this subject ?

Coupon-mad

No. Focus on your winning points:

Your case is all about no contract, no opportunity to enter into a contract based on signage, no fair 'consideration period' and the fact the vehicle was moving.

And a 'privacy notice' is a hybrid thing, invented by VCS/Excel. It isn't a valid PCN.

jono78

am i allowed to post the witness statemenbt from tnhe claimant?

Coupon-mad

No we don't want to see it again.  It's a template, as you will have found had you put some words from those phrases into the search bar instead of posting to tell us!

jono78

The court date is next monday.

i have a few questions

1. can i ask for proof that the entrance sign was in place on the day of the alleged contravention? On the photos of the alleged contravention its hard to see if is there

2. Can i ask for other things in court?
3. I heard some threads saying that the 'witness' from the claimant isn't actually a witness to some degree obviously and they are representing the firm

4. If i lose whats the likely amount that i woudl have to pay

5. any tips for on the day

jono78

As said in other parts of the thread. the PCN issue date is incorrecrt on both the POC and in the witness statement. i've heard it might mean the witness statement is in breach of CPR 32.14 as its not factually correct