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bo54col

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  1. DISCONTINUED After submitting the WS, Excel Parking Services have discontinued their action. There was a deliberate intention to keep things from the Forum, as i know they have spies on here having read previous transcripts from court in other reported cases, but I'll update you now for the benefit of others The defence was broadly as posted above - Breach of POFA, in using a piece of cardboard as a purported Notice to Driver, and then relying on that to obtain Keeper details before POFA allows, bringing forward the Keeper Liability as a bully boy tactic to enforce payment. Unfortunately for them, I'm only Fat, not stupid, and won't be bullied. They also breached sub sections of POFA in that the NTD has to detail where when why and how to appeal, none of which was on the card left on the car. ANPR isn't used on the car Park, so all of the above has to be left for the driver before the car is moved, and it wasn't. Secondly, Excel brought the action, yet the 'contract' on the signage was in the name of VCS. What a schoolgirl error by the paralegal, Ms Chambers. Add that to the lack of planning permissions for the signage and electronic parking machines and the tenancity to see it to court obviously made them change their mind. A shame really. The keeper was ready to attend court. Thanks for wasting my time Excel, should the keeper be in this situation again, I look forward to wasting yours. Thanks to all the contributers on here. Happy to help anyone going forward if I can.
  2. Thank you very much - I've amended both points you refer to using accepted instead of admitted, and I was always respectful of my English teachers at school, sadly a long time ago hence I've forgotten most of it !
  3. Here is my first attempt at the witness statement. All suggestions greatly received. It has to go on Friday or Saturday. EXCEL WITNESS STATEMENT PDF.pdf
  4. Well done Themalibukid Im writing a witness statement tonight, any chance of a copy of yours asap ?
  5. Thanks, Eric. Ive taken photos of the signage, checked local Council planning website for permissions - none for signage or machines, sent CPR 31.14 letter - no reply to that, replied to Notice of Proposed Allocation to small claims track by way of 2 line defence. They had until 16/10 to pay the court fee. The deadline for docs to be sent to the claimant and court is 29/10 (14days prior to hearing) Thank you. Will read on.
  6. There is now a hearing date. I now need to submit a statement and exhibits in relation to the continuing action, in the next week. Can someone point me in the direction of what is needed ?
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