Excel/BW Legal - Defendant is not RK

Coupon-mad · 3 January 2017 at 12:26AM

23. The only ticket machine on site (which contains the key terms and conditions), is hidden in a very dark corner, [STRIKE]often[/STRIKE] blocked by cars.

You have covered all the bases I think! It's long but it says the right things to give you scope to defend it.

I just felt that you need to drop the word 'often' here. This was entrapment as far as you were concerned and you were not familiar with the car park so don't say 'often' blocked by cars or it sounds like you knew a machine was there.

Be aware of the next paperwork stages needed, as summarised by bargepole in his thread linked under 'Small Claims?' and also as set out by the BMPA in this useful 'Court Wizard':

http://www.bmpa.eu/court_wizard/

HTH

Matthew87 · 3 January 2017 at 12:36AM

Good point, I will amend that bit (the only reason I know it is often blocked, is because the same has been mentioned before by others, and can be seen in their photos)

Your help/guidance is very much appreciated, thank you!

Coupon-mad · 3 January 2017 at 1:07AM

OK you could say you have researched the matter and discovered this site is a cash-cow and other victims have shown photos proving the machine is often obscured by a car, due to its hidden position. Or you could save that till Witness Statement & documents/evidence time, which is later.

SimonFink · 3 January 2017 at 2:21PM

I can help you get a written statement from someone who will say that in his experience the ticket machine in that car-park is often not working. I may be able to get more than one person to say that. And it is true, It often isn't.

Matthew87 · 3 January 2017 at 7:41PM

Although maybe it doesn't apply in my case, I can't see it doing any harm (I could perhaps include it as evidence). Cheers!

Any other thoughts anyone? There must be a spelling mistake in there somewhere!! Haha

Matthew87 · 9 February 2017 at 2:29PM

Just to update things (I've no idea whether this thread will help anyone else!)...

06/02/17: Received a letter from BW Legal to say that their client intends to continue with the claim
07/02/17: Received DQ

Will get this filled in https://formfinder.hmctsformfinder.justice....uk/n180-eng.pdf and send one to the Court and one to BW Legal.

Will make a start on my witness statement, skeleton argument and collection of evidence/exhibits.

Also, the car park in question has recently changed from Excel to ParkingEye.

Annnnnd, I've found details of the Excel v Booth case here (again, should it be useful for anyone else!) http://www.consumeractiongroup.co.uk/forum...801#post4995801

Matthew87 · 21 March 2017 at 10:53PM

QUICK UPDATE:

23/02/17: Received BW's DQ which was completed by ' [Removed by Forum Team]'. "TBC" in D3 (How many witnesses) and signed by "BW Legal"
27/02/17: Allocated to Bury County County letter
02/03/17: Transferred to Manchester County Court letter (Bury closes on 12th May)
21/03/17: District Judge Obodai has set Court Date = 10:00AM on 02/05/17

Will post up WS and skeleton etc shortly

Coupon-mad · 21 March 2017 at 10:55PM

Transferred to Manchester County Court

That's a result IMHO.

We saw a report of a day only last month, when Manchester lined up all the parking cases in one day, being heard and chucked out one by one against the parking firm(s) by all accounts, by a single Manchester Judge who clearly smelled the scam. The Judges in a local area all talk to each other so either Manchester (or Skipton in North Yorkshire) seem good courts for motorists v the scum cowboys, these days.

Matthew87 · 21 March 2017 at 11:00PM

*Currently googling DJ Obodai* Haha

http://www.dailymail.co.uk/news/article-1199327/Businessman-loses-20-000-court-battle-taking-judge-neighbour-dog-dispute.html

Matthew87 · 6 April 2017 at 4:19PM

Ladies and gentlemen... your thoughts please:

I, XXX of XXX am the defendant in this matter and litigant in person.
The facts in this statement come from my personal knowledge.
28/12/15: Visited Panama Hatty's Grill in Prestwich, Manchester and parked on an Excel car park off Bury New Road (unbeknown at the time!) It was just before 19:00, it was cold, very dark and rainy. We left just after 21:30 and found a PCN (page X) attached. Shocked, we struggled to see any signs and spent 5 minutes trying to locate the ticket machine (and a sign with text big enough to read in complete darkness!) Eventually found the ticket machine hidden in a dark corner, and took some photos using flash (pages A - Z).
11/01/16: Got through the New Year and looked at the PCN in more detail - noticed a timing error (patrol officer had put "Time Seen: 21:04 and Time Issued: 19:25"), so I emailed Excel (page X) basically saying that before going through a lengthy appeal process, could they confirm the PCN would not be taken any further, due to the errors contained within. The email was sent from my email account, with my name at the bottom.
04/02/16: My wife, as registered keeper of the vehicle, received a NTK (page X) from Excel, with a contravention time of 21:25 (even though the PCN said 19:25).
02/03/16: I received a letter from Excel (page X), referring to 'my appeal' received on 11/01/16. They were now responding to me on the "reasonable basis" that I was the driver and resided at the same address as the registered keeper. They stated they would "not accept any further appeals". All further correspondence was addressed to me.
18/03/16 - 14/12/16: I received various harassing/intimidating letters from ZZPS, Wright Hassall, Excel & BW Legal, demanding various amounts of money, many of which stated they would issue a CCJ against me (pages A - Z).
14/12/16: Without ever having received a compliant 'Letter Before County Court', I received a Claim Form from Northampton CCBC, with Particulars of Claim lacking in detail, failing to comply with CPR 16.4 and PD 16, and signed by 'BW Legal Services Limited' (failing to comply with PD 22).
21/12/16: In order to better understand the Claimant's case, I made a request for further evidence/information and clarification under Part 18 CPR, which I posted (1st class with proof of postage) and emailed (page X). I received no response to this request.
In readying my Defence, I contacted Bury Council, who confirmed that the Claimant didn't/doesn't have the necessary planning permissions/advertising consents in place (page X).
I have also since visited the Car Park to take more photos in daylight hours, prior to Excel losing the contract to operate to ParkingEye (pages A - Z).

I believe that the facts stated in this Witness Statement, 06/04/2017 are true.

Excel/BW Legal - Defendant is not RK

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