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  • FIRST POST
    • Hotchocolate
    • By Hotchocolate 2nd Apr 17, 10:51 AM
    • 47Posts
    • 22Thanks
    Hotchocolate
    Excel BW Legal 2012 court claim faulty machine.
    • #1
    • 2nd Apr 17, 10:51 AM
    Excel BW Legal 2012 court claim faulty machine. 2nd Apr 17 at 10:51 AM
    Hi all,
    To cut a long story short I have just received my court claim form and am in the process of preparing my defence.

    MCOL is down at the moment but following the great advice on the newbies thread I will be doing my AOS when its back up.

    Background.
    In January 2012 the driver parked on Temple Street Wolverhampton but the ticket machine was faulty and would not accept full registrations. The parking attendant told everyone to just type a single letter, which worked.
    This the driver did and a few weeks later received the PCN from excel.

    Anyway i appealed to excel at the time sending a copy of the ticket purchased but to no avail and after many threats they stopped contacting me. I was prepared to go to court at the time.

    Fast forward to August 2016 and in pops BW legal after payment for the same ticket. I have lost the original but still have the email copy which was sent over.

    No good though court papers landed yesterday.

    Hopefully I can get some tips on my defence im looking at:

    1. Im the registered keeper but not the driver, I have never named the driver.

    2. Ticket purchased and contract variation mutually agreed at the time.

    3. Faulty machine.

    4. Claim form states 'Snow Hill', not correct location.

    5. Im a layperson please be gentle.


    Things like signage may not come into my defence but I will be sending a part 18 request to excel for more information, incuding original pcn, machine fault and maintenence history, list of pcns issued on that day.

    Any help with this much appreciated.
    Last edited by Hotchocolate; 02-04-2017 at 12:25 PM.
Page 4
    • Hotchocolate
    • By Hotchocolate 13th Sep 17, 4:13 PM
    • 47 Posts
    • 22 Thanks
    Hotchocolate
    Just a small update, with the court date looming excel have made an offer to discontinue for a £50 settlement.

    I have declined their offer.
    • nosferatu1001
    • By nosferatu1001 13th Sep 17, 5:32 PM
    • 887 Posts
    • 987 Thanks
    nosferatu1001
    Lol
    Expect them to discontinue very soon.

    Make a counter offer they drop it and pay you say, £50 to cover some of your costs so far, and you wont apply to the court for costs due to unreasonable behaviour pursuant to CPR27.14(2)(g) incluing your time at 50% of a band D, £60 per hour.
    • beamerguy
    • By beamerguy 13th Sep 17, 5:33 PM
    • 6,352 Posts
    • 8,162 Thanks
    beamerguy
    Just a small update, with the court date looming excel have made an offer to discontinue for a £50 settlement.

    I have declined their offer.
    Originally posted by Hotchocolate
    Good for you

    Rather get the feeling they know they can't win.
    Probably been reading this thread

    Watch them though, some of these companies say
    they will not be attending court
    You don't go, they do and wallop ... a CCJ

    Always check with the court.
    Chances now they will discontinue
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Hotchocolate
    • By Hotchocolate 23rd Sep 17, 11:05 AM
    • 47 Posts
    • 22 Thanks
    Hotchocolate
    Well shortly after I have indeed now received a notice if discontinuance, massive thanks again for all your help.

    Now I suppose I should apply for costs and will look into this, any tips.

    Course they could go after the driver now or just maybe they can't risk the whole private parking on public land argument.

    I will check with the court on Monday to confirm NofD .
    • Umkomaas
    • By Umkomaas 23rd Sep 17, 11:18 AM
    • 15,571 Posts
    • 24,311 Thanks
    Umkomaas
    Now I suppose I should apply for costs and will look into this, any tips.
    Have a read of this thread which included some discussion on costs post-discontinuance. I understood they could be claimed, but Lamilad, who has personal court experience, is suggesting otherwise.

    http://forums.moneysavingexpert.com/showthread.php?p=73145247&highlight=costs#post7314 5247

    I suggest you do some further research and check it all out first.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • beamerguy
    • By beamerguy 23rd Sep 17, 11:41 AM
    • 6,352 Posts
    • 8,162 Thanks
    beamerguy
    Well shortly after I have indeed now received a notice if discontinuance, massive thanks again for all your help.

    Now I suppose I should apply for costs and will look into this, any tips.

    Course they could go after the driver now or just maybe they can't risk the whole private parking on public land argument.

    I will check with the court on Monday to confirm NofD .
    Originally posted by Hotchocolate
    Well you won, that is the main thing

    Why do you think they would go after the driver ?
    They will put this down to yet another miserable failure
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • bargepole
    • By bargepole 23rd Sep 17, 11:46 AM
    • 2,145 Posts
    • 6,200 Thanks
    bargepole
    ... I suggest you do some further research and check it all out first.
    Originally posted by Umkomaas
    The CPR rules specifically bar awards of costs after discontinuance, for a case which is allocated to the small claims track.

    The reason being that the only costs you can normally recover are those associated with attending court for the hearing, and if there is no hearing, you have no reclaimable costs.
    Speeding cases fought: 24 (3 of mine, 21 for others). Cases won: 20. Points on licence: 0. Private Parking Court Cases: Won 29. Lost 9.
    • Coupon-mad
    • By Coupon-mad 23rd Sep 17, 4:08 PM
    • 51,575 Posts
    • 65,193 Thanks
    Coupon-mad
    Well shortly after I have indeed now received a notice if discontinuance, massive thanks again for all your help.

    Now I suppose I should apply for costs and will look into this, any tips.

    Course they could go after the driver now or just maybe they can't risk the whole private parking on public land argument.

    I will check with the court on Monday to confirm NofD .
    Originally posted by Hotchocolate
    Well done!

    Even if you can't get costs, how about a timely letter to your MP to appraise him/her about this typical scam within an entirely rotten industry, as discussed here:

    http://forums.moneysavingexpert.com/showthread.php?t=5716059

    What a complete waste of consumers' time and money, and an abuse of court process for this notorious bunch of ex-clampers to systematically (thousands of claims made, with no merit) use the court as a glorified debt collection service, only giving up when they meet a 'steadfast' person like you and traceynob.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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