Excel Parking / DCB Legal - Witness Statement advice please!

Car1980

That's definitely an Excel recycled template. We've seen it before

Scrutney2

So, I received a letter form the court advising a change of time - after the deadline for paying the court fee so I assume Excel paid and the trial is going ahead - tomorrow afternoon.

Any last minute tips to prepare?

Coupon-mad

Just to suggest you read the hearing tips that are already in post 2 of the NEWBIES FAQs thread.

Scrutney2

Coupon-mad said:

Just to suggest you read the hearing tips that are already in post 2 of the NEWBIES FAQs thread.

Thanks - I will do.

Scrutney2

Claim dismissed, AOBTD!!

Coupon-mad

Scrutney2 said:

Claim dismissed, AOBTD!!

Woohoo! Tell us the full story!

What did the rep say?

What did you say? Was it clear it was likely to go your way? Usually you can tell.

What did the judge say? What won it?

Did you remember to claim costs at the end?

Scrutney2

The rep focused on signage and T&Cs, and the contract breach from not entering the correct reg. Well, I never denied that! I pointed out the discrepancies in their signage evidence, which the judge accepted, but decided I would have been aware of the T&Cs regardless.

What swung it was the Private Parking Sector Code of Practice (link below) - I quoted section 6.3 and Annex F3 to do with keying errors and said that I hadn’t been given the chance to settle for £20.

In his reply to my statement the rep tried to say I hadn’t appealed, when both theirs and my evidence showed I had - which the judge quickly pointed out! Then he said it didn’t qualify because I hadn’t continued with the appeals process, to which the judge asked what’s the point of the first stage! He then went back to saying it was the breach of contract that mattered, to which the judge asked what’s the point of the CoP! 

By then it was looking like it would go my way. I would have liked to respond to his reply but it wasn’t needed - the judge was ready to make her ruling on the basis that they hadn’t followed the CoP guidelines.

I did ask for costs but she said it was a ‘very high bar’ and didn’t award them - I wasn’t going to push it!

Thank you so much for all your advice - I wouldn’t have known where to start without you and this forum!

https://www.britishparking.co.uk/write/Documents/AOS/Sector%20Code%20Templates/sectorsingleCodeofPracticeVersion1.1130225.pdf

1505grandad

Well done.

"..... the judge was ready to make her ruling on the basis that they hadn’t followed the CoP guidelines."

Well in order that the DVLA can sell your private data to the scammer(Hansard) for £2.50 they must COMPLY with the CoP:-

"A6. Membership of an Accredited Trade Association

A6.1. The Customer shall at all times be a member of a DVLA Accredited Trade Association (“ATA”) and maintain membership of the ATA and comply with the ATA’s Code of Practice or Conduct."

kryten3000

Excellent news.  Once again Excel's case falls apart when exposed to reality.  Hitting them where it hurts, right in the wallet.