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  • FIRST POST
    • jam1991
    • By jam1991 3rd Aug 18, 10:01 AM
    • 141Posts
    • 25Thanks
    jam1991
    URGENT HELP! Excel Parking Services - Flipped Ticket
    • #1
    • 3rd Aug 18, 10:01 AM
    URGENT HELP! Excel Parking Services - Flipped Ticket 3rd Aug 18 at 10:01 AM
    Family member has received a notice vehicle at St Cuthberts Way Car Park, Darlington (DL1 1RP). Valid ticket was purchased, and looks like the wind/door draft has caused the ticket to flip over on the dashboard.

    Contravention: 83) PARKED WITHOUT CLEARLY DISPLAYING A VALID TICKET/PERMIT.
    Site Enforcer: Excel Parking Services Limited.

    MyParkingCharge.co.uk - shows photos and requests 60.00.
    Appeal option is available, but I assume this is useless.
    Last edited by jam1991; 27-02-2019 at 10:00 AM.
Page 6
    • jam1991
    • By jam1991 13th Aug 19, 1:12 PM
    • 141 Posts
    • 25 Thanks
    jam1991
    Witness Statement critique please:

    In the County Court at XXX
    Claim No. XXXX
    Between
    Excel Parking Services Ltd (Claimant)
    and
    XXXX

    -------------------------
    Witness Statement
    -------------------------

    1. I am jam1991, of XXXX, the Defendant in this matter. I will say as follows:

    2. On XXX, I visited XXXX and parked my vehicle registration no, XXXX in the car park.

    3. As required at XXX I purchased a ticket from the payment machine for the value of 3.00. Ticket expiry was shown as XXXX

    4. I then correctly displayed the valid parking ticket on my vehicle dashboard and left the car park site.

    5. Upon receipt of a parking charge notice from the Claimant, I supplied them with this evidence (Exhibit A attached) however they have elected to pursue this matter via litigation.

    6. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as are allowable pursuant to CPR 27.14.

    Statement of Truth

    I believe that the facts stated in this Witness Statement are true.

    Signature
    Date
    • jam1991
    • By jam1991 13th Aug 19, 2:49 PM
    • 141 Posts
    • 25 Thanks
    jam1991
    Is there a max number of hours you can claim under research, preparation and drafting of documents at 19 per hour? 3 hours is given amongst an example thread, but I've spent the best part of 5-6 hours.
    • KeithP
    • By KeithP 13th Aug 19, 3:31 PM
    • 16,690 Posts
    • 20,036 Thanks
    KeithP
    Have a look at the Costs Schedules linked from post #2 of the NEWBIES thread.
    .
    • Redx
    • By Redx 13th Aug 19, 3:38 PM
    • 24,077 Posts
    • 30,658 Thanks
    Redx
    Is there a max number of hours you can claim under research, preparation and drafting of documents at 19 per hour? 3 hours is given amongst an example thread, but I've spent the best part of 5-6 hours.
    Originally posted by jam1991

    try reading completed court cases with the title of a well know song by Queen


    AOBTD


    like this one https://forums.moneysavingexpert.com/showthread.php?t=5971000
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 13th Aug 19, 3:46 PM
    • 75,115 Posts
    • 87,990 Thanks
    Coupon-mad
    Is there a max number of hours you can claim under research, preparation and drafting of documents at 19 per hour? 3 hours is given amongst an example thread, but I've spent the best part of 5-6 hours.
    Originally posted by jam1991
    Read StubbornGoat's thread about his win today where I went along to lay rep.

    He did a costs schedule for 1500 = loads of hours and printing, and we very, very nearly got it. Wholly unreasonable conduct (the key to getting high costs) was established and the extra costs were only turned down as the DJ felt the high costs schedule had somewhat ambushed the Claimant in the days before the hearing.

    Court report to follow shortly on that thread.

    Last edited by Coupon-mad; 14-08-2019 at 2:23 PM.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • The Deep
    • By The Deep 13th Aug 19, 3:59 PM
    • 14,385 Posts
    • 14,930 Thanks
    The Deep
    Five to six hours seems perfectly reasonable to me. In fact I would say you have spent a lot more time than that, you have made a lot of posts on this thread alone.
    Last edited by The Deep; 13-08-2019 at 4:04 PM.
    You never know how far you can go until you go too far.
    • Redx
    • By Redx 13th Aug 19, 4:05 PM
    • 24,077 Posts
    • 30,658 Thanks
    Redx
    I can never understand why defendants fail to read other court case threads on here , exspecially recently completed court cases

    they contain more info than you can shake a stick at and if I had a court case pending, I would be devouring each and every one and using the Queen reference to find them
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • jam1991
    • By jam1991 13th Aug 19, 4:48 PM
    • 141 Posts
    • 25 Thanks
    jam1991
    Thank you all for your input regarding costs schedule.

    Please could you provide feedback on the witness statement.
    • jam1991
    • By jam1991 13th Aug 19, 11:54 PM
    • 141 Posts
    • 25 Thanks
    jam1991
    Also with regards to the schedule of your costs, do I submit this to the court only? Or also send a copy to the claimant?

    Thank you.
    Last edited by jam1991; 13-08-2019 at 11:56 PM.
    • KeithP
    • By KeithP 13th Aug 19, 11:56 PM
    • 16,690 Posts
    • 20,036 Thanks
    KeithP
    You must send the Claimant a copy of everything that you sent to the Court.
    .
    • jam1991
    • By jam1991 14th Aug 19, 12:06 AM
    • 141 Posts
    • 25 Thanks
    jam1991
    Thank you, getting very stressed and worried now. I have only just managed to produce the witness statement today, never mind any sort of skeleton argument.

    Received a 40 page document from the claimant in the post today.
    • KeithP
    • By KeithP 14th Aug 19, 12:16 AM
    • 16,690 Posts
    • 20,036 Thanks
    KeithP
    When is your Witness Statement due?

    Your WS does seem to be exceedingly brief.

    Have you got time to tear apart the claimant's witness statement - pointing out everything they have got wrong - and detailing all those errors in your WS?

    You will see that those 40 pages will mainly be irrelevant copy and paste stuff. We have even seen them show tariff signs from car parks hundreds of miles away from the alleged parking incident.
    .
    • jam1991
    • By jam1991 14th Aug 19, 12:23 AM
    • 141 Posts
    • 25 Thanks
    jam1991
    Hearing is scheduled for the 3rd September, so I believe it is 14 days before then?

    For the WS I was taking bargepole example linked from the newbie thread:
    https://forums.moneysavingexpert.com/showthread.php?p=74584727#post74584727

    I'm really not sure what else I should be including, the WS and Skeleton arguement aspect has really confused me. I had intended to attach a copy of the valid ticket to my WS as my evidence.
    • jam1991
    • By jam1991 14th Aug 19, 10:57 AM
    • 141 Posts
    • 25 Thanks
    jam1991
    Some assistance on this today would be greatly appreciated.
    • Coupon-mad
    • By Coupon-mad 14th Aug 19, 11:03 AM
    • 75,115 Posts
    • 87,990 Thanks
    Coupon-mad
    Thank you, getting very stressed and worried now. I have only just managed to produce the witness statement today, never mind any sort of skeleton argument.
    Originally posted by jam1991
    No need to worry and no need for a skeleton argument, as the NEWBIES thread tells you. I do explain the difference and WS stage is dead easy!

    Received a 40 page document from the claimant in the post today.
    Normal, and that is your cue to tear it apart, as we always do, point out the holes in their evidence, in your WS!

    You do realise the 40 pages are a template, seen before and pulled apart many times here in WS you can copy from? This is such an easy stage as you can copy our work!

    To find them, search the forum for any rare SURNAME from the cases Excel cite in their own WS of drivel...I promise you will find we have countered their WS before on any VCS or Excel thread that's already ahead of you.

    Search for a surname of a case they cite, go on...!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • jam1991
    • By jam1991 14th Aug 19, 2:21 PM
    • 141 Posts
    • 25 Thanks
    jam1991
    The Leaseholder witness statement shows:
    This authority is contained in a lease running from 10/10/2012 - 09/10/2017.
    Am I correct in believing they therefore did not have the authority on the contravention date of: 30/07/2018?

    Is this something I can highlight within my WS?
    • Coupon-mad
    • By Coupon-mad 14th Aug 19, 2:25 PM
    • 75,115 Posts
    • 87,990 Thanks
    Coupon-mad
    Bingo! Those are EXACTLY the sort of holes in evidence to find and add to your WS, so keep using that fine tooth comb - and no being impressed by their template drivel paperwork, just because it's the width of a house brick.

    Search the forum for a surname they cite, like Kumari or Vine, and read! You will find this WS already taken apart on several threads.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • nosferatu1001
    • By nosferatu1001 14th Aug 19, 4:24 PM
    • 5,333 Posts
    • 6,781 Thanks
    nosferatu1001
    Indeed, thats a very obvious issue to highlight!
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