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Excel ANPR Windscreen PCN Claimform - Brewery St car park, Chesterfield on 02.07. 2018 ***Claim Dismissed***


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Is best to appear, or take advantage of a telephone/online hearing, otherwise any lies or misrepresentations by Simple Simon cannot be challenged. If the WS is robust enough chances are Simple will bottle it and bail out, then you can hit him with GDPR.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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They have messed up since day 1.   As they obviously had someone there to place a warning on your windscreen what they should have done is to put a Notice to driver there instead.  

Ok, so the Hearing was today, via telephone conference call, and... CLAIM DISMISSED! Yay!    It seemed in the balance at one point as the judge was summing up, but it came down to keeper lia

you have till sunday week to AOS   can you not use the lost details link?   https://www.access.service.gov.uk/login/signin/creds   get the CPR off today! do MCOL lat

are you taking time off work to appear?

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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6 minutes ago, Slaughter64 said:

It does say in the small print that I do not have to attend the hearing, and it will be heard in my absence (as long as they have notice), not sure if that is advised.

 

If you don't turn up in court then the judge will only hear one side of the argument - and you will lose.

We could do with some help from you.

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8 minutes ago, Slaughter64 said:

Best get writing that WS then...

Look at the PPC Successes thread at the top of the page.  Choose the threads with "Excel claimform" or "VCS claimform" in the title.  These are highly likely to have WSs, parts of which you can use.

We could do with some help from you.

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take the bits out of those threads that apply to your case, then post it here as pdf for fine tuning

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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We will need to see the defence you filled too

 

i'm pretty sure you are entitled to request costs and thats £90 lost wages at least

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

Ok, back again.

 

I have attached the WS in preparation to send next week. I would appreciate if anyone would be able to have a quick look through and see if there are any glaring mistakes or omissions.

 

I've not received anything from the claimant re their statement etc, don't know if this is good news or not.

 

Btw, I've only just noticed an anomaly with the date of the event - the date on the parking ticket says 3 July 2018 but at the bottom in smaller letters it says 'issued 2 July'.

2 July is also the date the claimant put on all their correspondence and seems to be the correct date. I don't know why they don't correlate, is this useful or not?

 

 

 

defendants WS.pdf

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I don't know why you were reluctant upthread to prepare a witness statement - what you've got together is magnificent! 

 

It would win just as it is IMO but I have a few tweaks to suggest.

 

I see you've put in the sub-heading "Locus standi".  I think it might be a good idea to put in some other sub-headings too so the judge can easily see your arguments.

 

"Suing the wrong person" (there may be a more formal way to say this, see what others think) before paragraph 2.

 

"De minimis" before paragraph 3.

 

"Abuse of process" before paragraph 7.

 

I think you should also stick something in about keeper liability not being established by the Claimant under the Protection of Freedoms Act 2012 in paragraph 2.

 

I also think you might as well directly include a copy of the ticket as an exhibit, rather than "if the need arises to produce it in court".

 

But this is just nit-picking, you've prepared one hell of a witness statement.  Take that Simon!

 

 

We could do with some help from you.

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With those suggestions its good to go.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Thanks Dave for your kind words, it did take ages!

 

Ah yes, forgot to add a POFA bit. And yes, I fully intend to include photos of the ticket and letters etc. 

I agree with your additional sub-headings, ta.

 

Any other suggestions would be welcome.

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Your statement of truth is now outdated and invalid with the CPR.....see post #9 here:-

 

 

 

Andy

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We could do with some help from you.

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  • 3 weeks later...

Ok, back again.

 

WS's sent and also received from Excel.

think they crossed in the post, their's just seems to be the usual bumph about the signage and contracts etc.

 

One thing they may push is the fact I 'should have' followed procedure and gone to IAS once the original appeal was not accepted. Would this help them?

 

They also say the onus was on me to supply them with driver details, but they've never explicitly asked me for them. 'By failing to take appropriate action', they're saying I've failed to discharge myself from liability.

 

The hearing is in early Jan, via phone/video.

In the Court directions, they mention 'Hearing Bundles' which have to be sent via email - it's not clear what form these bundles/key documents need to be in.

 

Do I just send my WS and evidence etc again, or will they expect to see something else?

I'm also supposed to liaise with Excel to decide what these bundles are, how easy is that going to be?

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it would far better to scan up what the court has sent, rather than your interpretation and also the claimants WS .

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Most of the letter is about the telephone/video details which haven't been confirmed yet.

 

The claimant's WS is about 15 pages long without all the documents and photos etc, that's going to take ages to scan and is anyone prepared to read through it all?

It will also probably change from what they finally send anyway?

 

Court Directions.pdf

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Yes we would like to see  Claimants WS and yes we will read it as that is what they are going to rely on in court, and we can give pointers as tyo where they ar able to establish any claim, and also where they have used cut 'n paste twaddle.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Here you go folks. I've not included the photos showing where the car was in the car park etc, they're just not relevant.

 

Some of these exhibits I didn't include in my own WS so I need someone to tell me which ones I need to include in my own bundle if I might need to refer to them.

 

Also attached is one of my exhibits from my WS showing a much clearer photo of the ticket on the dash, clearly showing the ticket ref number on the reverse of the ticket, same as the one that appears on the front.

 

 

Ticket on dash.pdf

 

I've not included a hand-written letter I sent to them in Sept 18 when I realised I had missed the deadline to appeal to the IAS, which they've included.

 

It was an appeal to their letter saying my appeal was rejected, and an explanation of what (presumably) happened on the day.

 

It was then that I mentioned that my wife was driving (I know), so they could have asked me for her details then, but they still continued to address everything to me. I even offered to pay a reduced charge of £30 to make it all go away. I also did this a few months ago in panic to save it going to court, I included the letter in my WS.

 

Not sure if this is any use or not, to show willing on my part? 

I just hope the judge won't just say to me 'will you accept paying a reduced charge now?' as I want my pound of flesh after all this hassle!

 

Claimant WS.pdf

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18 minutes ago, Slaughter64 said:

I've not included the photos showing where the car was in the car park etc, they're just not relevant.

 

they are .....it's mentioned in their WS ...

 

thread tidied

uploads tidied./reduced in size /merged

 

so just the last exhibits as above please.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I sent the pdf's to the best of my ability, if I reduce them any more I'm worried they may not be legible, can you put them back please?

 

Can you tell me what's relevant about where the car was situated in the car park?

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all done for you and merged to claimant WS above

 

you indicate there are a couple of layout photos?

pop those up too and i'll merge them too.

then its all in one PDF..ok?
 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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