Excel/VCS lose in Court (+ Tribunal)

[ChrisT70 10]

Michael Sobell (Graham White) is an old guy. more or less retired. They seem to have moved on to Flint Bishop a firm in Derby.

 

It would be nice to know which you get. But there are some threat-o-grams to come yet. Ignore.

ok cheers. should they actually take it to court i am perfectly happy to respond to the papers properly and with professional assistance if needed to see them off. fully expect that not to happen, but lets see, have told the pair of em to ignore any letters or calls.

Edited May 25, 2012 by ChrisT70

[ChrisT70 10]

money saving expert site is quite helpful, advice is to just ignore it or if you werent driving to respond with the following

 

I received a parking ticket on xxxxx but I will not be paying your demand for payment as I was not the driver of the vehicle at the time in question. I am also under no obligation to disclose who was driving the car so please do not contact me again with regards this matter.

 

then if they continue to hassle you a second letter threatening police report action if they continue to hassle you.

 

ignore it completely or respond with above, knowing i can prove i wasnt the driver on the day, mmm.

[Jeffrey Shaw 90]

how Graham white were not real solicitors

Really? Please explain.

[Confudler 10]

I'd disagree with the MSE advice to respond if you weren't the driver. In doing so you open up a dialogue in which anything you say will be used against you. Plus they send you random bits of legal rulings. So save paper and effort: better just to ignore ignore ignore.

[Eckolad 10]

Really? Please explain.

 

Right

 

The is a firm of solicitors called Graham White who are a real Solicitors, but in no way connected to Roxburghe Debt Collectors

 

The one i am on about is a 70 + year old Solicitor by the name of Micheal sobbell, who uses Graham White as a trading name. Graham white is simply part of Roxoburge. It is not a separate company. Its just a different letter headed paper

 

Oh and he doesnt do court. He tried once but failed to appear

 

Now Old Micheal sobbell doesnt really go in to the office anymore. There is a large number of complaints lodged with the SRA about him.

[ChrisT70 10]

I'd disagree with the MSE advice to respond if you weren't the driver. In doing so you open up a dialogue in which anything you say will be used against you. Plus they send you random bits of legal rulings. So save paper and effort: better just to ignore ignore ignore.

 

true, and to be fair it might be much easier. i wasnt the driver, i wasnt in the car, and its not my responsibility for any tickets accrued by others, regardless of the legality claim of the "invoice" etc. obviously if it was a police matter and a prosecution for speeding etc you would have to identify the other party in law, i believe this has been proven in court.

[garrence 10]

... and the judge has threatened Excel with contempt of court unless they come up with a good explanation of why they brought a meritless case in the first place!

 

 

Before District Judge Mcllwaine sitting at Scunthorpe county court, Scunthorpe Court Centre, Laneham Street, Scunthorpe, North Lincolnshire, DN15 6JY.

 

Upon hearing the authorised officer of the Claimant company and the Defendant in person

And upon the Claimant having issued proceedings in their own name

 

And upon it being conceded that contrary to the British Parking Association Code of Practice contrary to same, the Claimant has no contractual authority to issue enforcement proceedings before the County Court either in the Claimants name as in this matter or the name of the land owner

 

IT IS ORDERED THAT

 

1) The claim is struck out.

2) The order of District Judge Stephenson dated 3rd March 2012 is rescinded and the Claimant shall pay to the Defendant the s um of £42.50 w ithin 21 days of today.

 

3) The managing director for the Claimant named as Mr Simon Renshaw Smith is ordered to file at Court by 4.00pm on 29th June 2012, a statement containing an explanation as to the manifest discrepancy namely the bringing of an action in contract and the tort of trespass in the companies name with no lawful contractual assignment of authority to do so.

 

4) A copy of this order shall be served on the British Parking Association for information.

Dated 16 May 2012

 

From the Consumer Action Group.

[damageandy 10]

we already know.

[garrence 10]

oh apologies, I missed it. Perhaps it was drowned out by bickering

 

Mods please delete if it's a duplicate.

 

PS - This isn't the case with HMRC they lost this month, it's another.

[Sidecut 10]

... and the judge has threatened Excel with contempt of court unless they come up with a good explanation of why they brought a meritless case in the first place!

 

 

Before District Judge Mcllwaine sitting at Scunthorpe county court, Scunthorpe Court Centre, Laneham Street, Scunthorpe, North Lincolnshire, DN15 6JY.

 

Upon hearing the authorised officer of the Claimant company and the Defendant in person

And upon the Claimant having issued proceedings in their own name

 

And upon it being conceded that contrary to the British Parking Association Code of Practice contrary to same, the Claimant has no contractual authority to issue enforcement proceedings before the County Court either in the Claimants name as in this matter or the name of the land owner

 

IT IS ORDERED THAT

 

1) The claim is struck out.

2) The order of District Judge Stephenson dated 3rd March 2012 is rescinded and the Claimant shall pay to the Defendant the s um of £42.50 w ithin 21 days of today.

 

3) The managing director for the Claimant named as Mr Simon Renshaw Smith is ordered to file at Court by 4.00pm on 29th June 2012, a statement containing an explanation as to the manifest discrepancy namely the bringing of an action in contract and the tort of trespass in the companies name with no lawful contractual assignment of authority to do so.

 

4) A copy of this order shall be served on the British Parking Association for information.

Dated 16 May 2012

 

From the Consumer Action Group.

Victory for common sense.

[AJ sheffield 11]

we already know.

 

I didnt.

 

... and the judge has threatened Excel with contempt of court unless they come up with a good explanation of why they brought a meritless case in the first place!

 

 

Before District Judge Mcllwaine sitting at Scunthorpe county court, Scunthorpe Court Centre, Laneham Street, Scunthorpe, North Lincolnshire, DN15 6JY.

 

Upon hearing the authorised officer of the Claimant company and the Defendant in person

And upon the Claimant having issued proceedings in their own name

 

And upon it being conceded that contrary to the British Parking Association Code of Practice contrary to same, the Claimant has no contractual authority to issue enforcement proceedings before the County Court either in the Claimants name as in this matter or the name of the land owner

 

IT IS ORDERED THAT

 

1) The claim is struck out.

2) The order of District Judge Stephenson dated 3rd March 2012 is rescinded and the Claimant shall pay to the Defendant the s um of £42.50 w ithin 21 days of today.

 

3) The managing director for the Claimant named as Mr Simon Renshaw Smith is ordered to file at Court by 4.00pm on 29th June 2012, a statement containing an explanation as to the manifest discrepancy namely the bringing of an action in contract and the tort of trespass in the companies name with no lawful contractual assignment of authority to do so.

 

4) A copy of this order shall be served on the British Parking Association for information.

Dated 16 May 2012

 

From the Consumer Action Group.

 

Job well done

[Korl101 10]

Do you people just stick your cars anywhere and never try to find out if there are some form of parking restrictions in place?

 

If there are restrictions in place, you deserve all the hassle you get. To avoid all the pain of receiving letters, park in a multi storey.