Excel Parking at the Peel Centre- County Court

samjh87_2

Post deleted

Redx

one bit of good advice from me is that due to Peel Centre being in Stockport and therefore in England , do not ignore any more notices as the laws changed in OCT 2012 due to POFA 2012

read this thread if ever you are in doubt or need advice etc

https://forums.moneysavingexpert.com/discussion/4816822

the advice not to ignore these charges has been on this forum for a good 10 months, also on pepipoo too

many popla appeals have been won due to the not a gpeol , and no standing (or no contract) so both of those arguments can be used in court

I would also say that parking pranksters recent PE court guides should be invaluable too , one is free and one is not a lot of money , so worth looking into even though this is Excel

might be worth send him a pm about this too, as he may help as regards those contract details and maybe other help as well as it may be a good case to spank them in court given the size of the alleged debt

Coupon-mad

samjh87 wrote: »

Hi,

A while ago I read up on advice about parking charge notices after receiving a letter from Excel. The general advise was to ignore any letters etc. from Excel or any solicitors that follow as they are a bunch of scammers.

I have recieced a letter today from Northampton County Court for a sum of £894.74 relating to 8 unpaid parking charges. I dont have any of the original letters etc from Excel or Roxburghe as they have all gone in the bin.

I'm now worrying that I've been completely stupid and need to stump up the best part of £1000.

Any advice needed!

Binning the letters was pretty stupid, yes (sorry). We never advised that, even when we used to advise ignoring them (this time last year was the last time I advised ignoring these fake PCNs).

Same advice to you as given here:

https://forums.moneysavingexpert.com/discussion/4876370


HTH

kirkbyinfurnesslad_2

Excel seem to be quite keen on court at the moment

spacey2012

Describe in more detail what you have from the court.

samjh87_2

It is a claim form from Northampton (CCBC) County court stating the claimant, Excel Parking Services, claims against the defendant for multiple breaches of contract in respect of 8 parking charge notices issued to the defendants vehicle between 31/01/13 and 27/10/13. The terms and conditions to which the defendant agreed to be bound by using the site were clearly displayed at the entrance in prominent places throughout the site.
The claimant has written to the defendant seeking payment of its charges but the defendant has failed to respond.

kirkbyinfurnesslad_2

So log on and acknowledge the claim and ask for extra time to defend the claim.

Which county are you in........?

Coupon-mad

We do need to know where you are because there are some pepipoo forum posters who can help in certain areas of England, sometimes.

Also, in an attempt to drag this to POPLA instead, we suggest including the following in the initial 'brief skeleton defence' which you will be submitting within 28 days (after acknowledging it first):

"
The defendant requests the Court to stay this claim for 90 days, and make an order requiring the parties to resolve the dispute by referring the matter to POPLA (Parking on Private Land Appeals service), an independent tribunal set up for the specific purpose of adjudicating private parking matters. This would be in accordance with the directions given by Deputy District Judge Bridger at Southampton County Court on 21/01/2014 in case number 3JD05448 ParkingEye v Gilmartin. Also in accordance with a similar stayed claim on 13 Sep 2013, District Judge Mayor, 3JD00719 ParkingEye v Mr. O., Croydon County Court. Both were very similar cases to this claim, i.e. where the Claimant had alleged breach of contract regarding a private parking charge and where an appeal had not yet been considered and where POPLA - as the bespoke private parking ADR - had not been undertaken first.
''

Obviously that is in addition to the actual defence points and evidence/transcripts of other cases - why not read loads of other small claims threads where defence wording has been posted up recently? Such as the 'PCN(NW)' threads and the 'SIP' threads, easily found on the forum by searching for those PPC names as a single keyword. Of course I realise yours is Excel but the defence argument is the same sort of thing for most PPCs.

But IMHO you need to read the Parking Prankster's Guide in depth first, linked in the 'NEWBIES' sticky thread paragraphs about small claims. Although it was written for ParkingEye cases, the advice will be useful to you in many respects.

samjh87_2

I'm in Stockport so Cheshire.

thank you for your advice. Looks like I have a lot of reading to do! Out of interest, if it goes to court and I lose will more costs etc be added?

bod1467

Potentially yes. But I don't think anyone who has lost has had to pay more than about £200 in total. (They can only claim the original PCN cost, plus costs in bringing the action).

But with help from people here, and Parking Prankster's guide, you won't lose anyway.

samjh87_2

Thanks bod. Already feeling much better after my initial near heart attack yesterday!

Should I be phoning excel to gain copies of all the ParkingChargeNotices sent.