County court letter for excel parking fine - pls help!

sammybibi

In my defence, I am including the fact Excel is not the landowner of the car park and so has no locus standi to litigate in their own name. I want to be sure Excel does not own the land though. I have looked on the Land Registry website and wondering if I should be paying £16.95 for an ownership search to get this information.

spikyone

sammybibi wrote: »

In my defence, I am including the fact Excel is not the landowner of the car park and so has no locus standi to litigate in their own name. I want to be sure Excel does not own the land though. I have looked on the Land Registry website and wondering if I should be paying £16.95 for an ownership search to get this information.

Excel rarely, if ever, own the land that they infest. Two or three clicks on Google will tell you the owner, lots of articles like this...


http://www.b2bmortgage.co.uk/news/property-development-news/plans-for-retail-redevelopment-in-Halifax

Land_Registry

sammybibi wrote: »

I have looked on the Land Registry website and wondering if I should be paying £16.95 for an ownership search to get this information.

Sounds as if you have looked at one of the third party website providers of such information.

The official site is at GOV.UK and the fee for viewing/downloading a copy of a register, which provides the registered ownership details, would be £3.

sammybibi

Daft question, but can someone advice me on how to send a PM pls.

Umkomaas

sammybibi wrote: »

Daft question, but can someone advice me on how to send a PM pls.

Click on the user's name who you want to PM; when their details appear under their name you will see 'Send PM to...... '

HTH

Coupon-mad

sammybibi wrote: »

I had requested POPLA in my initial defence but planned to also write the judge after submitting the N180. Unfortunately things didn't go to plan as my health took a turn for the worse.

So do it NOW. Ask for a stay of this case now. Post #5 of the newbies thread has a link to show the sort of thing to write to Leeds Court.

TBH the thought of going to court is daunting and the last thing I want but by the time I returned home last month the Notice of Allocation had arrived.

So? It's not too late, surely you want to try to get it stayed? Why on earth do you think you can't write now, be a bit proactive or you will just lose.

I am slowly putting my defence together but with a 12wk old constantly strapped to me it seems so stressful. It is Leeds County Court.

Hmmm not great, UKCPS often use Leeds so Excel are using a court which has found in favour of PPCs before. All the more reason to ask for a stay, especially as you have a baby and more important things to do than attend a poxy hearing with a deluded scammer (a generic term about all PPCs) whose rep might be legally trained and could easily beat your arguments. You don't sound very focussed if you didn't even look on the proper website for the Land Registry and just clicked on anything (a third party website charging over £16 for a £3 search that you could have simply Googled anyway to find the owner).

Would you advice I ring/email Excel to request their bundle

Errm...no. You are not quite getting this - why the heck would anyone ring THEM?! Concentrate on your letter (by tomorrow, get it done!) to ask for a stay and then move on to putting together your defence bundle. Read the Newbies thread post #5 links only - and re-read what your initial defence said. And do get someone else to help you with this task to get it done. You MUST try to get it stayed as you sound like Excel are lining up to shoot down your defence like shooting fish in a barrel.


(many of us don't take pm's by the way - me included at the moment, too busy with my job, OH and 4 kids).

sammybibi

Thanks for your response c-m. I am sorry if I probably don't sound focused but I am trying as best as I can and believe me i have read post 5 over and over again.


My understanding was that there was a timeline to be followed based on the advise on post 5 and that after requesting POPLA in my initial defence and submitting the N180 I should have immediately written to the judge to consider staying the claim. Since I didn't do that before the case went to court, I wasn't aware that writing was an option.


I have now written the letter and will hand deliver it to the court this morning.


I will continue working on my defence bundle but can I pls ask since this has to be sent off by Monday, do I still go ahead and send it to the court and Excel while I wait for the Judge's decision on my request for POPLA.


There is so much information to take in on post 5 and I am asking these questions so I get things right as this forum has helped me this far. I really appreciate everyones advice and guidance so far.

Coupon-mad

Since I didn't do that before the case went to court, I wasn't aware that writing was an option. I have now written the letter and will hand deliver it to the court this morning.

Great, you never know - always worth asking. No-one knows whether your Court will or won't vacate the hearing but you lose nowt by asking.

I will continue working on my defence bundle but can I pls ask since this has to be sent off by Monday, do I still go ahead and send it to the court and Excel while I wait for the Judge's decision on my request for POPLA.

Definitely - you must ensure they receive it in time, is your deadline Tues or Weds then?

Just quoting from your first post to remind us all of your position:

I am in utter shock as this is the first time I have heard of the said tickets. I have used this car park since May 2012 and have always paid for the maximum which is £3.50 for 3-10 hours. At least once a week I work long hours which can be between 8am to 8pm however, I was never aware I was meant to pay an additional fee after the 10hrs or I would have simply moved my car to the street opposite my office which was free after 6pm. I never received any tickets on my car or in the post. I even made a phone call to Excel in Nov 2013 to report a faulty machine and obtain a code which the lady advised I should display on my dashboard. I gave my name and registration number and she did not inform me of any outstanding fines.

Show us the basis of your defence (bullet points) and remind us whether the driver has ever been admitted?

sammybibi

My deadline is Wednesday and the driver has never been admitted


The basis of my defence are:


-charge not a genuine pre-estimate of cost


-lack f standing by claimant to enforce this charge in the courts


-unclear and non-compliant signage forming no contract with driver


-failure to invoke keeper liability under POFA2012


-unfair terms

gertysingh

sammybibi - from my limited experience you should receive a copy of the court bundle the PPC will be submitting before or by the deadline.

Your court bundle MUST have all the evidence/laws/regulations you will be using in your defence including copies of all parking receipts + any photos of bad signage + copies of anything spent to defend this case + time spent (to provide an idea of your costs should you win). Click here on How to prepare court bundles

Click here for an example of a court bundle.

You will need 3 copies: 1 for you; 1 for the judge; 1 for the claimant (PPC). Put the judges and your court bundles into a lever arch file with an index as seen in the example of a court bundle. Would defo put in your defence as the top article with the supporting evidence after.

Additionally well done you for what you have done so far....having a baby and accelerating your learning. You can do this....continue to be strong for both you and your child.