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    • My case is adjourned to this Month. I'm about to send out my Supplementary Witness Statement. Could someone please check if the following is efficient? My court cost is now over £1000 as it was adjourned 3 times  Thanks!   Supplementary Witness Statement to address the new case exhibits introduced at the hearing on 10 November 2020   VCS v Ward  1.       This case is often quoted by the claimant as assisting their case. However in this instance it actually assists mine. It is contended that the act of stopping a vehicle does not amount to parking. This predatory operation pays no regard to the byelaws at all. It is likely that this Claimant may try to rely upon two 'trophy case' wins, namely VCS v Crutchley and/or VCS v Ward, neither of which were at an Airport location. Both involve flawed reasoning and the Courts were wrongly steered by this Claimant's representative; there are worrying errors in law within those cases, such as an irrelevant reliance upon the completely different Supreme Court case. These are certainly not the persuasive decisions that this Claimant may suggest.  Semark-Jullien Case  2.       Whilst it is known that another case that was struck out on the same basis was appealed to Salisbury Court (the Semark-Jullien case), the parking industry did not get any finding one way or the other about the illegality of adding the same costs twice. The Appeal Judge merely pointed out that he felt that insufficient information was known about the Semark-Jullien facts of the case (the Defendant had not engaged with the process and no evidence was in play, unlike in the Crosby case) and so the Judge listed it for a hearing and felt that case (alone) should not have been summarily struck out due to a lack of any facts and evidence.  3.       The Judge at Salisbury correctly identified as an aside, that costs were not added in the Beavis case. That is because this had already been addressed in ParkingEye's earlier claim, the pre-Beavis High Court (endorsed by the Court of Appeal) case ParkingEye v Somerfield  a. (ref para 419): https://www.bailii.org/ew/cases/EWHC/QB/2011/4023.html  ''It seems to me that, in the present case, it would be difficult for ParkingEye to justify, as against any motorist, a claim for payment of the enhanced sum of £135 if the motorist took the point that the additional £60 over and above the original figure of £75 constituted a penalty. It might be possible for ParkingEye to show that the additional administrative costs involved were substantial, though I very much doubt whether they would be able to justify this very large increase on that basis. On the face of it, it seems to me that the predominant contractual function of this additional payment must have been to deter the motorist from breaking his contractual obligation to pay the basic charge of £75 within the time specified, rather than to compensate ParkingEye for late payment. Applying the formula adopted by Colman J. in the Lordsvale case, therefore, the additional £60 would appear to be penal in nature; and it is well established that, in those circumstances, it cannot be recovered, though the other party would have at least a theoretical right to damages for breach of the primary obligation.''  
    • I'm ready to reject Hermes offer and issue the letter before claim. I've registered on the MCOL website and filled in my claim with the below particulars.   Should I tick the box to send the particulars directly to the defendant?   Should I also tick the box for the right to claim interest. If so do what date would I put for when the money became owed,  what is daily rate of interest up to the date of judgment?    Thanks again      
    • you mean you paid the mortgage off that the policy protected and financed it with another policy from elsewhere...??? so why have you been paying for life insurance on a mortgage that has not existed since 2009?   surely the policy was to protect the mortgage is was taken out for and no longer has any benefit whatsoever to you and no-one will get anything out of it should you die?   what does it state it protects and who gets what ?
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    • He is also trading under James Marshal cars on eBay - same details.
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      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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Considering legal action for harrassment against parking operator


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For the last six months, I have received a barrage of Court papers for alleged parking infringements by the same operator, Excel Parking Ltd and am considering taking legal action against them.  Here is a summary:

 

CASE 1

Pursued 4 years after the alleged infringement only for the case to be summarily vacated the claimant within days of the Court hearing

 

CASE 2

Pursued 2 years after the alleged infringement.  Case dismissed by the judge as evidence provided by the claimant clearly proved a valid ticket was purchased and displayed

 

CASE 3

Pursued 2 years after the alleged infringement.  Received and completed Notice of Proposed Allocation to the Small Claims Track and awaiting Court allocation.  Claimant has claimed they already have CCJ against me for this case despite no Court allocation or hearing and have advised of impending bailiff action.  Requests for detail of the alleged infringement not met.

 

CASE 4

Being pursued for an "over-stay" at a motorway service area car park despite having never been the legal owner or keeper of the vehicle in question

 

Any suggestions on my next move?

 

 

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Where on earth do you keep parking to get this many invoices?

 

What service station where?

 

Can you scan and upload your evidence of invoices?

 

As for taking legal action against them I guess it all depends on how much time you have to waste?

 

Nothing good will come of it, vent to your local MP and councillors . 

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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To my (limited) knowledge, courts set a high bar for harassment.

 

However, we're well aware of the antics of Simple Simon, owner of Excel and VCS.

 

CASE 3 worries me a bit.  You haven't moved during these four years have you?  Is there any chance of you not having received court papers and then a backdoor CCJ being issued?

 

If you send Simon a SAR he will have a statutory duty to come clean with all the info. his horrible company has on you, and will be in hot water if he doesn't comply. 

 

 

Edited by FTMDave
Usual typo!

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Harassment is a difficult one to win. Much easier is to sue them for GDPR breaches. 

 

Case 2 is a good example - the  going rate for that would be £500 perhaps but may be as a low as £200 which would probably cancel out the cost. Although case 4 should also be good for you.

 

Like FTMDave I am concerned for you about case 3 .

 

Please check your credit file to see if it is all clear.

If so then GDPR is good for  that .

If they do have a ccj for you please come back to us with advice how to possibly remove it.

 

I wouldn't pursue case 1 as they may have had good reason to obtain your details that time.

 

 

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Case 3 - If there is a CCJ, they don't have to provide you with details of the infringement, you've already been found liable. If you want to dispute liability, you'll have to make a set-aside application.

 

Case 4 - It doesn't matter if you were never the owner or the registered keeper of the vehicle. If the registered keeper received the ticket and named you as the driver, you'll have to provide evidence that you weren't the driver who parked the car at the time the ticket was issued or dispute that you were.

Edited by Will Goodfellow
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If , if, if.......dont speculate on things ever AlfaMan prove, prove. prove 1st

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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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Get that info, and if you have moved be prepared for a potential shock.

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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CASE " There is no CCJ.  The Court or case hasn't even been allocated to date.  

 

CASE 3 With regard to the "over-stay" issue, documentation does refer to a car I own.  But the one in the photos supporting the claim is different!

 

So no ifs!

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Just to be on the safe side please look at your credit file-the last thing anyone needs are bailiffs kocking on the door. It may be that you have another PCN with them somehow mixed up with the one on case 3.

 

I think you meant case 4 on your post above regarding the overstay. With ANPR sometimes the reg. no. can be misread. If that is the case then they have breached your GDPR.  If you challenged them on this and they still keep pursuing you then eventually that could be harassment  but the GDPR breach is much the safer bet.

 

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I understand you think these cases are connected (they are, they all involve you!) and that Excel are harassing you, the problem would be proving it in court as VCS would argue they administer the car parks where your vehicle was parked and had every right to take action.

 

CASE 1  Done & dusted, you saw them off, well done.

 

CASE 2  I agree with lookinforinfo.  If they actually sued you when you had a ticket showing then that is a very serious GDPR breach.  If you want to go down the road of suing them, please start a new thread and give us more details of what went on, with the important documentation redacted & uploaded.

 

CASE 3  Yes, I understand it's at the stage of awaiting court allocation.  However the mention of a CCJ made me & lookinforinfo be concerned that there may be a case 5 and Excel have sued and won by default at a previous address.  Can you rule this out?  As I said above, you should send Excel a SAR.  It's free, it will annoy them, they will have to do some work and if they breach their statutory duty then that's something else you could sue them for.  If you want help with this case (although you seem to have a superb record of beating Simon!) please again start a new thread.

 

CASE 4  So was your car actually in the car park but bone idle Simple Simon has sent the wrong photo, or is it  case of licence cloning?  If the latter Homer is spot on, if the former then again we would be pleased to help if you give more details in a separate thread.

  • Like 1

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

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