Newbie questions - Excel Parking using DCB Legal - Witness Statement stage

ChirpyChicken

Excel/vcs cases normally go to a hearing.
They dont like losing /letting go . Its their firms mentality 

Lemonhead39

Thanks again. Yes I meant witness statement.

Coupon-mad

Lemonhead39 said:

Hi

If the legal firm pull the plug on behalf of the claimant, do they normally do this before they pay the £27 trial fee to the court or do they do it in the two weeks preceding the court case date when they will have read my defence?

My case is on a Friday pm with no guaranteed time frame for the hearing so I am thinking there is a chance they will withdraw or their solicitor could be spending Friday evening travelling home. This could of course be a mis-assumption as they may have a solicitor local to me.

Thanks

Excel cases are usually  not discontinued.

You need to urgently change the hearing date as advised, unless you have rearranged your plans.

Lemonhead39

Hi

i will be attending as I am now going to get a later flight. I look forward to concluding this situation.

Coupon-mad

Lemonhead39 said:

Hi

i will be attending as I am now going to get a later flight. I look forward to concluding this situation.

Good. That saves you money either way because even if you lose at a hearing you need to be heard to object to the fake added costs.

And you have much higher chances of a win just by being there as the only true witness re what went wrong on the parking event day.

Lemonhead39

Thanks once again.

i will be surprised if I lose as i have proof of purchase which will be part of my witness statement.

Do you know at what stage I put a claim in to the court for my expenses? I want to claim that the case was wholly unreasonable, should never have been brought so I can claim half of my employment day rate.

Thanks

Gr1pr

You add a costs assessment to your WS, plus proof of wages etc

Lemonhead39

Thanks.


is it worth e mailing DCB LEGAL to let them know? That way I can show to the court that I have informed them ahead of the hearing. They have to issue the claim with the court today but at least I can tell the judge that hey were forewarned of my intent.

Could you advise if the below is appropriate please/ I obtained the legal reference from chatgpt.


Thanks
_——————-

I intend to ask the judge to exercise discretion under CPR 27.14(2)(g) for “unreasonable behaviour” by the claimant (Excel Parking).

I am a self-employed contractor and am not salaried. I am paid on a day-rate basis. Due to this hearing, I have had to forgo half a day’s work which will equate to £XYZ

✅ Examples of unreasonable behaviour:

• Bringing a claim with no legal merit. I have provided clear proof of payment to your client as part of the appeal.

• Pursuing a claim knowing it is likely to be dismissed.

Gr1pr

Anything that you submit to the court must also go to dcb legal,  your court order says so

Study the costs assessment in other witness statement bundle submissions 

Lemonhead39

Hi.

I have had confirmation that the claimant has paid the fee so my case is to go to court. I am writing my WS today.

I have two questions I would appreciate some support with.

1) I understand that there is no need to reiterate my defence as part of the WS. However, the defence had some really good stuff in it in relation to exaggerated claim costs. Is it worth me taking this from the defence and adding to the WS?
2) Does the Judge have access to the defence that was submitted previously or does he/she only review the WS?
3) The hardest element of this is to guess what to defend in the WS. I bought a ticket which I have and the claimants own PCN shows the times of arrival and exit which are absolutely fine. I bought a ticket within two minutes of arrival. I am literally trying to guess what the contravention could be. I also have a ticket with 4 alphanumerics on it which matches my car and a ticket from an earlier visit which again showed 4 alphanumerics so Excel cannot claim I put the wrong registration mark in. I am guessing I just put down the facts. I assume the claimant will have to be specific in their witness statement which is due no later than this Friday and which I am still waiting.

Thanks