EXCEL PARKING claimform - Irregular NTD, Improper approach to DVLA and NTK outside of limits.***Claim Discontinued***

[ericsbrother]

dont forget, this is in addition to your 2 lines already scribed

[bo54col]

Submitted as discussed. Now we wait. 

[dx100uk]

and get reading up on the next stages

plenty of PCN claimform threads here to read

[bo54col]

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 ?

Edited October 21, 2019 by bo54col

[ericsbrother]

so what have you done in the last 4 months? post up what you have and we can help edit

[dx100uk]

plenty of PCN claimform threads here with witness statements in them.

[bo54col]

1 hour ago, ericsbrother said:

so what have you done in the last 4 months? post up what you have and we can help edit

 

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)

 

 

32 minutes ago, dx100uk said:

plenty of PCN claimform threads here with witness statements in them.

 

Thank you. Will read on. 

[dx100uk]

i hope you didn't reply to your N180 with a 2 line defence....

[bo54col]

9 hours ago, dx100uk said:

i hope you didn't reply to your N180 with a 2 line defence....

 

 

Noooooo...   Im daft, not green looking...   

[bo54col]

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

[FTMDave]

What a magnificent document - you really have done your homework and put a huge amount of effort in!

 

Let's see thicko Simple Simon deal with that.

 

The experts will be on in the morning ... and I'm falling asleep after a couple of ales ... but two small things.

 

In point 20, I know the experts don't like "it is admitted".

 

It should be "a dark winter's night" (forgive the pedantry, I'm an English teacher!)

[bo54col]

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 ! 

 

 

[brassnecked]

Well written, and plain English, many come unstuck by trying to use Legalese, something best left to barristers, Looks like all bases covered.

[AndyOrch]

Requires a statement of truth with signature an date after point 55..otherwise it's inadmissible.

 

Andy

[ericsbrother]

couple of quick points

 

Dark winters night- anything else you remember about the weather, ie raining, cold etc. all helps show that sigange can easily be missed, misread etc if no lighting there so try and link the lack of illumination if possible at point 29 and link the 2 points.

 

point 30. state that the sign is an "invitation to treat"  and not an offer of a contract and refer to a similar case that can be found on the Parking Pranksters blog( copy case report to bundle)

 

link this to point 34 and say that the motorist is not compelled to accept the contract as they have already been intited to park without any conditions attached to that act, merely an invite to consider soemthing that is as yet unseen.

 

point 38 also say that it is not possible to enter into a criminal compact so conditions on signage are immaterial as no contract can be formed

 

point 49 -51 should be one point rather than 3, they dont really stand alone except the last one

 

52 and 53 you can invite the judge to dismiss without a hearing using its management powers under CPR3.4(2) on the grounds that they have failed to show a proper cause for action

 

the do as andyorch says, sign it of as a statement of truth dated the......

 

 just spreading it on a bit thicker

 

[bo54col]

 

Love it, EB, thanks alot for the 'finessing'. 

 

EB,

 

The parking prankster 'recent case', how recent ?  The last entries are for 2018 or older. 

[ericsbrother]

 re pranksters blog- you will have to look back through all of ther posts I'm afraid. you could try a keyword search of the cases library on his web page as well

I didnt say it was recent so you will need to spand a bit of time on this. If you find more than one case the even better but use the keywords "invitation to treat" and you should find it

[bo54col]

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. 

 

 

Edited November 6, 2019 by bo54col
Errors

[AndyOrch]

Well done thread title updated.

 

Please consider making a donation to help us continue to help others in your situation.

 

Regards

Andy 

[dx100uk]

runaway simon again.

 

it doesn't matter he spies on here 

it wont alert them to early information as they get your defence and WS 24hrs after you send it to the court anyway.

 

when you get 5 mins

post up both so it helps others like you in future.

 

dx

 

[FTMDave]

How many times this week has Simon soiled his underpants and run away?  His laundry bill must be huge!

 

If I were you, I'd write a letter to the court asking for full costs due to the time you wasted on Simon abusing the court procedure, under CPR27.14(2)(g) .  You might get nowt, but it'd only cost a stamp.

 

In any case - well done on your victory! 

[brassnecked]

Excellent, Excel are a true Cowboy Outfit, rubbish POC, and other confusions that trip them up.

[bo54col]

On 07/11/2019 at 00:31, FTMDave said:

How many times this week has Simon soiled his underpants and run away?  His laundry bill must be huge!

 

If I were you, I'd write a letter to the court asking for full costs due to the time you wasted on Simon abusing the court procedure, under CPR27.14(2)(g) .  You might get nowt, but it'd only cost a stamp.

 

In any case - well done on your victory! 

 

Done, thanks for the heads up.

 

 

On 06/11/2019 at 20:44, dx100uk said:

runaway simon again.

 

it doesn't matter he spies on here 

it wont alert them to early information as they get your defence and WS 24hrs after you send it to the court anyway.

 

when you get 5 mins

post up both so it helps others like you in future.

 

dx

 

 

Will do, when I'm home next week