Excel Court Claim

horace_zontal

I have received a Court Claim Forum via Money Claim Online from Excel for more than 1 PCN, one of which appears to be after the date when the law changed. I had ignored absolutely all correspondence up until now, including a recent letter entitled 'Notive of Intended Court Proceedings'. Any advice on this would be greatly appreciated.

Stroma

Have you said you are defending the claim and asked for 28 days to formulate your defence? If there is more than one ticket can you say how many, and how many are before October 2012?

Thanks

horace_zontal

Hi Stroma,

it is not specific how many pre-dated October 2012. It does appear to be 2 and then 1 post that date, but it is not clear on the claim form. It just says between the dates of DD/MM/YYYY and DD/MM/YYYY (don't want to post the specifics on here.

Yes I will request the 28 days if that is the best approach.

Stroma

Well unless you want to pay the claim the only option is to defend against it. I understand the reluctance of not being specific on this, I will ask someone to give you some help with the defence, you will probably get a PM from someone off forum for this. They will have hundreds of posts to their name.

In the mean time google the parking prankster and read his guides on defending a court claim, if you look at the sticky thread on here by coupon mad it will run you through everything.

Coupon-mad

Post #5 of the NEWBIES sticky thread has links about small claims defence procedure, wording and recent wins! We can help you to defend this robustly and we want you to win so show us your draft defence here once you've read the links in the NEWBIES thread (read post #5 of it only).

What are the dates of the parking events?

horace_zontal

Thanks both. Should I request the extra 28 days then?

Can I PM you with some of these further details?

Hot_Bring

horace_zontal wrote: »

Thanks both. Should I request the extra 28 days then?

Can I PM you with some of these further details?

Just to make clear - it's not an EXTRA 28 days. From the point of issue you have 14 days to acknowledge and a total of 28 days to defend ( assuming you acknowledge in time ).

horace_zontal

Hot_Bring wrote: »

Just to make clear - it's not an EXTRA 28 days. From the point of issue you have 14 days to acknowledge and a total of 28 days to defend ( assuming you acknowledge in time ).

Thanks, I have just submitted my Acknowledgement of Service, stating that I will defend the whole claim. I have a lot more detail if someone could kindly PM me.

Coupon-mad

You would be better to prepare draft defence wording after reading the NEWBIES thread links (post #5 of it ONLY). You'll get more help once people have something to go on and there's no need to keep the details secret now it's at court stage anyway. They'll see your defence soon enough!

Don't say on here who was driving and if the keeper was not the driver then let's hope you didn't throw the letters away (we NEVER advised that). Because the letters like the NTK could be non-compliant which means they would have no keeper liability. So please read up on what's what & update this thread.

horace_zontal

OK, to be honest the original letters are from way back and I'd be amazed if I've still got them. I'll copy below the Notice of Intended Court Proceedings and then the Particulars of Claim

Notice of Intended Court Proceedings

Re: Outstanding Debt: £300

We are disappointed to note that you have failed to pay the outstanding Parking Charge Notices (PCNs) detailed below:

Number of PCNs: 3
Vehicle Reg: *******
Location(s): Peel Centre - Stockport
Dates: DD/MM/YYYY to DD/MM/YYYY

What Happens Next

Should the outstanding debt not be settled or a payment plan in effect by the DD/MM/YYYY we may commence legal proceedings against you without further notice. If we are forced to issue court proceedings to recover the debt, we will also claim our court costs and interest in addition to the outstanding amount.

Please be aware that if legal proceedings are successful and a County Court Judgment (CCJ) is made against you this could severely affect your ability to obtain credit in the future.

We trust that this action will not be necessary and that payment will be received by the date stated above.

Payment can be made online at (link) or by phone using our 24 hour automated service, 0114 266 0400. Alternatively a cheque or postal order made out to Excel Parking Services may be sent to our office.

---

Particulars Of Claim

The claim against the Defendent is for multiple breaches of contract in respect of 3 Parking Charge Notices issued to the vehicle *******. The Notices were issued for parking without displaying a valid ticket / permit at the Peel Centre Car Park, Stockport between DD/MM/YYYY and DD/MM/YYYY.
The terms and conditions to which the defendent agreed were clearly displayed a the entrance and in prominent locations throughout the site.
The Claimant has written to the Defendent seeking payment but hte Defendent has failed to pay.
Interest has been calculated for each PCN.
The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from DD/MM/YYYY to DD/MM/YYYY on #300.00 and also interest at the same rate up to the date of the judgment or earlier payment at a daily rate of #0.07

Coupon-mad

You ignored that?!