Excel Parking strikes again

Lone_Ranger_2

WageSlave1 wrote: »

What was on the other side/page 2 of the N1 out of interest?

In the particulars of claim box it just says "UNPAID PARKING CHARGE NOTICE - DETAILS TO FOLLOW" then again "DRAFT" overprinted across the box.

HO87

WageSlave1 wrote: »

What was on the other side/page 2 of the N1 out of interest?

The more pedantic among us will know that they've used the 'wrong' claim form in that if they were really intending to issue proceedings via MCOL [and the £25 court fee and the court of issue being given as Northampton County Court would tend to confirm this] then what gets produced is a N1 CPC claim form rather than an N1

see hmctsformfinder.justice.gov.uk/courtfinder/forms/n001(cpc)-eng.pdf

That said if I were going to use a draft claim form just to coax payment out of someone I would probably use the N1. There's more room in the Particulars of Claim section.

Sending out a draft claim form when one has absolutely no intention of commencing proceedings might be fraudulent misrepresentation under s2 of the Fraud Act 2006 but dishonesty would have to be established. I'll wait until there's a case that says that mere bluffing about one's intentions is dishonest.

But given that the VCS v HMRC case has kicked the stool out from underneath Excel and every other PPC it may well be that dishonesty might be inferred readily enough: they know they don't have a cause of action.

Indeed any solicitors such as Flint Bishop who send out draft/mock claim forms on Excel's behalf could find themselves in trouble with the Solicitors Regulation Authority. Some readers may recall that nice chubby Andrew Crossley fellow and his firm ACS law and how his practice was founded on sending out threatograms to persons who downloaded !!!!!! from the internet . . . . and how it all went very, very wrong for him.

bbc.co.uk/news/technology-16616803

theregister.co.uk/2011/06/08/acslaw_bankrupt/

solicitorstribunal.org.uk/Content/documents/10726.2011%20-%20Crossley.pdf

+1

Excel/VCS have previously enjoyed the benefit of a so-called in-house solicitor either in the shape of Parvez Mirza or Naveed Akbar. Does either of their names appear on the reverse of the N1? Parvez Mirza is a solicitor and a complaint could be made to the SRA whereas Naveed Akbar is a barrister (Lincolns Inn) and, if he was involved, a complaint should be made to the Bar Council.

As qualified persons they would be expected to be aware of VCS/Excel's immediately past history and court appearances and the impact of the VCS v HMRC judgment. It is my view given the effect of the judgment there can be no merit in issuing "mock" papers (on the basis of showing a commitment to proceed) as they have absolutely no cause of action. On that basis, as suggested, might not there be grounds for apprehended an offence?

HO87

[Edit - duplicate of above post. Sorry guys, the benefit of relying on a dodgy mobile connection]

mpbaz

Ignore ANY letters or threats of court from private car parking enforcement companies they have no legal stand on which to proceed as they are a private company. Type in Graham White Solicitors and Roxburghe and then read a brighton boy blogs. These companies use threat and fake solicitors to try and pursue tickets they KNOW the cannot make you pay. They cannot prove who the driver is as you do not have to tell them in law. 99% of supposed tickets will not be pursued because it is not cost effective a very small minority will be pursued but check the paperwork is correct these companies send out FAKE documents all the time..if you ignore the letters they cannot prove you received them or in fact the driver lives at that address now or di live at that address as they do not know who was the driver at the time.

Lone_Ranger_2

Just a quick update. Received next letter for my collection, he he their getting desperate. Headed "SPECIAL PAYMENT OFFER". It says that having failed to respond to reasonable requests for outstanding charges thay are giving me (my daughter) the opportunity to pay at a reduced rate of £50. Well tuff cos I don't think that's reasonable either :rotfl:

Kite2010

Carry on and the special payment offer reduces even further to £0.00.

You must be near the end of the chain by now

pie_face_2

Can you please refrain from using "Bishops finger" as a derogatory term.

It's actually a decent brew and does not deserve to be associated with a debt recovery agency

Lone_Ranger_2

pie_face wrote: »

Can you please refrain from using "Bishops finger" as a derogatory term.

It's actually a decent brew and does not deserve to be associated with a debt recovery agency

OK you either posted on wrong thread or that just went totally over my head ! :rotfl:

pie_face_2

:beer:http://www.bishopsfinger.co.uk/

Lone_Ranger_2

pie_face wrote: »

:beer:http://www.bishopsfinger.co.uk/

I am still at a complete loss as to what you mean! please enlighten me