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#Post#: 106192--------------------------------------------------
Re: Money Owed Court notice - Unpaid PCN - No Clear Signage - Ex
cel Parking Bakers Street Pay & Display Uxbridge
By: DWMB2 Date: January 16, 2026, 8:59 am
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Ensure that when you get to the hearing you put emotions to one
side - I certainly wouldn't use words like "false claim" and
"waste everyone's time", you should be calmly putting across
your points, ensuring that each one you make is backed up by
applicable evidence. The signage isn't great, but it isn't
entirely non-existent, so on those points you'll need to focus
on why the signage present was insufficient.
If you believe costs are owed, you could take with you on the
day a simple costs schedule. The bar for unreasonable conduct is
high - I'd personally be surprised if a judge took the view that
Excel's conduct (or that of their solicitors) met that
threshold, but if you win there is little harm in asking.
#Post#: 106209--------------------------------------------------
Re: Money Owed Court notice - Unpaid PCN - No Clear Signage - Ex
cel Parking Bakers Street Pay & Display Uxbridge
By: gogo184 Date: January 16, 2026, 11:03 am
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I have just got an email back from Elms, saying they do not
accept service via email and only via post.
Should I send witness statement and exhibits via post? And would
14 day timeline matter here?
"
Good afternoon,
Thank you for your email.
Please note that we do not accept service via email, only via
post to 31 Handley Street, Sleaford, Lincolnshire, NG34 7TQ.
Kind Regards
Emily Scriminger-Faulkner
Deputy Team Leader
ELMS Legal Limited
"
#Post#: 108915--------------------------------------------------
Re: Money Owed Court notice - Unpaid PCN - No Clear Signage - Ex
cel Parking Bakers Street Pay & Display Uxbridge
By: gogo184 Date: February 6, 2026, 7:48 am
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Hi All,
I couldn't update earlier but I had my hearing last Friday and
it was a success :D . Claim was dismissed.
Key takeaways from the hearing:
1. It started bit late and lasted about 45min
2. Hearing Judge was very thorough and asked lots of questions
to understand my side of story. Then he probed claimant's
representative.
3. Referring defence statement (that generic statement I sent
earlier), he said he is not bound to agree to another district
judge's order. If the order was from higher courts then he will
have to adhere to that but not necessarily if a certain order
was from another district judge.
3. In his judgement, he made it very clear to me that I am not
going to entertain your argument around the procedural defects
related to PoC. He said your case has gone through a district
judge and the fact that judge allowed the case to continue, did
not strike it down and did not ask claimant for an updated PoC,
hence he will not consider those arguments.
4. Finally he said I will only consider whether the signage was
adequate or not. And on that argument, considering claimant's
evidences and statement, and my evidences and arguments, he
agreed that signage was not clear and not adequate, and
dismissed the claim on that basis.
I think one thing helped was that I did not claim that I didn't
see the sign on adjacent pillar. I said I saw the sign on the
right side pillar, but no sign on my left side 4 pillars, I
believed restriction was only for the right side bays.
So it all came down to actual issue - inadequate signage and I
won because there was in fact inadequate signage.
I was bit surprised he did not consider PoFA violations, some
false claims in the witness statement, and dismissed those
arguments under procedural defects. I was not allowed to speak
when he was making his final judgement.
I won only on the core issue, and all other supplementary issues
in my witness statement were dismissed. Made me wonder I won't
have won if they had any solid evidences for that core issue. In
this particular case - defective PoC, questionable landowner
authority, PoFA violations etc did not matter.
I don't know if other cases are like this but I felt just
putting up the defence and standing up to fight wasn't enough.
Thanks for reading and all the support. It's been an experience.
Cheers
#Post#: 108916--------------------------------------------------
Re: Money Owed Court notice - Unpaid PCN - No Clear Signage - Ex
cel Parking Bakers Street Pay & Display Uxbridge
By: DWMB2 Date: February 6, 2026, 7:58 am
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Well done for standing your ground and seeing the matter out!
[quote author=gogo184 link=topic=6773.msg108915#msg108915
date=1770385704]
So it all came down to actual issue - inadequate signage and I
won because there was in fact inadequate signage.
[/quote]
When cases get as far as an actual hearing, it often does. In my
admittedly anecdotal experience, in the Small Claims Track many
judges are most interested on the core issue at hand, and far
less on 'technical' arguments. This was the basis of me
recommending leading with the signage in the Witness Statement
[quote author=gogo184 link=topic=6773.msg108915#msg108915
date=1770385704]
I was bit surprised he did not consider PoFA violations[/quote]
From your post above and comments like "I said I saw the sign" -
it seems that it was clear you were the driver, and as such PoFA
became irrelevant.
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