Excel Court Claim

horace_zontal

Yes, Stockport court. Thanks Coupon-mad, that is incredibly useful.

horace_zontal

I am writing to you in relation to your letter dated 17th July 2014.

I did not receive any letter prior to this as stated. It is the first time I have received the correspondence dated 7th June.

You are claiming for 3 offences but have only enclosed notices for 2 of them with contravention dates of 25/04/2011 and 4/12/2013 despite stating that 3 were enclosed. I have no detail whatsoever of a third offence. Moreover, there is no photographic evidence of my vehicle having been in this car park at this time. You also stated that a statement of loss was enclosed. It was not. I have never received a statement of loss.

It appears you are withholding the information which would allow me to put together a fully informed defence. To this end I am now considering a preliminary hearing to get this information and would be pursuing you for the costs involved.

I now therefore swiftly need the following information as an absolute minimum to defend this claim:

· Dates and charges of the parking events, together with copies of the parking charge notices
· Full details of any contract it is alleged was entered into
· An explanation of how the contract was offered and accepted
· An explanation of the consideration from motorist to operator
· An explanation of the consideration from operator to motorist
· A breakdown of the charges
· Whether the operator is bringing the claim as principal or agent
· A copy of the contract with the landowner to support this and to show they are authorised to bring charges


Additionally, POPLA has historically, and still would, consider pre-POFA cases if a POPLA code was issued (even one code for all 3 notices would be acceptable to POPLA if clearly stated to relate to all 3). If you continue to refuse to refer these cases to POPLA I will ask the court to use their discretion to do so.




Yours sincerely

Coupon-mad

You could add:


I am aware of a recent case where a preliminary hearing at Stockport was held, in very similar circumstances where Excel had not provided sufficient particulars or evidence to enable the defendant to submit any informed defence. I will apply to DJ Lettall at Stockport Court for a similar hearing if you do not supply me with full particulars to enable me to make an informed decision in accordance with the Practice Direction. As Excel has behaved wholly unreasonably in grouping together pre and post-POFA 'tickets' from several years ago, yet supplied insufficient detail for me as keeper of this car to defend the matter, I will claim for my costs for the preliminary hearing if it is required and will ask for the cases to be referred to POPLA instead.

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

Set it out like this example shown on CAG but obviously with your own questions and your own points about the similar preliminary hearing in Stockport:

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here (I realise this is a 'lender' example so not the same detail but shows you how the letter should look).

Keep a copy printed out, add it to your court evidence file and get a proof of posting of the letter (free from the PO Counter). Not recorded or special delivery in case Excel decide not to bother to sign for post and leave it uncollected at the PO, festering in the sorting office.

You may be able to get the claim number of the other case from the Parking Prankster which shows you have knowledge of it. He posts on here.

horace_zontal

Next letter pasted in below

As a follow up to my letter dated 10th August (which is enclosed for your reference) I would like to remind you that I have been seeking sufficient information to write a defence to this case since June 1st 2014 and that such information has been delayed and lacking in sufficient detail.

I am aware of a recent case where a preliminary hearing at Stockport was held, in very similar circumstances where Excel had not provided sufficient particulars or evidence to enable the defendant to submit any informed defence - A0QZ8099 Excel v Brunt held in Stockport in front of DJ Lettall.
[FONT=&quot] [/FONT]
I will apply to DJ Lettall at Stockport Court for a similar hearing if you do not supply me with full particulars to enable me to make an informed decision in accordance with the Practice Direction. As Excel has behaved wholly unreasonably in grouping together pre and post-POFA 'tickets' from several years ago, yet supplied insufficient detail for me as keeper of this car to defend the matter, I will claim for my costs for the preliminary hearing if it is required and will ask for the cases to be referred to POPLA instead. As with Excel v Brunt, I expect to be awarded these costs.

Therefore I am requesting you to supply the information requested in the letter dated 10th August 2014 within 7 days from the date of this letter or I will inform the court that I have insufficient information to file a defence prior to the deadline of August 20th and will simultaneously file for a preliminary hearing. I see this deadline as being wholly reasonable considering the delays since June 1st. I have proof of postage of this letter (dated 12th August).

[FONT=&quot]Finally, I invite you again at this stage to cease with the pre 2012 cases as I was not the driver at the time and would supply witness statements to this effect if required.[/FONT]

horace_zontal

I have been away for some time in August. I did write to the court by the deadline of 21st August asking for more time or for the case to be deferred due to Excel not being forthcoming with information. They have not got back to me yet.

Meanwhile Excel have sent me their bundle so for the first time I have the information I have been requesting of them.

This is in a lever arched, tabbed file comprises of

1. Claim Form and Defence

2. Witness Statement of Joel Douglas

3. Exhibit SC1 British Parking Association Code of Practice

4. Exhibit SC2 Witness Statement from the Landowner

5. Extract from the Protection of Freedoms Act 2012, copies of the Parking Charge Notices and Notices to Keeper, contravention photographs and a copy of the Pay and Display data

6. Exhibit SC4 - Site overhead & site photographs. This includes photographs of Pre-2012 Signage Proofs with one photograph dated 14/04/2011.

7. Exhibit SC5 - Pre Estimate of Loss Statement & Supporting Docs
A) Cine Bes Filmcilik Ye Yapimcilik & ANR. V United International Pictures & Ors.
[2003] EWCACiv 1669 report.
Judgement - Parking Eye v Beavis & Wardley

8. Exhibit SC6 - Extract of the Contracts (Rights of Third Parties) Act 1999, Section 1(1)

So I believe I should now be able to put together a bundle of my own but I would very much appreciate advice on what this should comprise of.