County court letter for excel parking fine - pls help!

gertysingh

p.s. the judge will look at both court bundles before the hearing and will have formed most of his/her decision from them.

sammybibi

Having to send off my defence bundle tomorrow morning. Anyone know how I can print off a copy of my initial defence from the MCOL website as I want to include it with the claim form in my bundle. Thanks

sammybibi

Received the claimants bundle this afternoon and in the witness statement it says 'the claimant has leased the land from the landowner and therefore can issue proceedings in its own name for the land where the contravention occurred'.


Does this mean the claimant has proprietary interest in the land in which case my 2nd defence point will be wrong.

gertysingh

Log into the MCOL site as you did before. Click on the claim number and your defence should be listed there as PDF. Click on the PDF and print.

Does the claimant's bundle contain the leasehold agreement?

gertysingh

p.s. Also to put some doubt in the judge's head about Excel, add in stuff that Parking Prankster has compiled about Excel's handling of gepol. See Parking Prankster's blog post here: http://parking-prankster.blogspot.co.uk/2014_10_01_archive.html and here: http://www.parking-prankster.com/excel-parking.html

sammybibi

thanks gertysingh, i've tried that all evening but the PDF doc only contains one page which is the AOS. Do I even have to include it in my bundle or can I leave it out.


Yes the bundle has got a copy of the leasehold agreement. where does this leave me now??

gertysingh

Excellent - put it aside and maybe can get someone to help you look through the leasehold agreement and examine the conditions.

For now you need to get your bundle together.

From my limited experience (have had success in 2 MCOLs - claimant in both cases):
- You do not need to duplicate anything that the claimant has put in their bundle. So check if your skeleton defence is already part of their bundle. If it is, photocopy it and flesh out your defence. If it is not there, then call Northampton County Court and ask them how you can get a copy.

- Make sure you look through Parking Prankster's post and data that he has put on his site (as referred to in my previous post). Add those to your bundle and refer to it in your fleshed out defence.

Put in everything in your bundle that will show Excel in a poor light to the judge. Make sure you add in receipts of parking payment in the time period Excel has referred to.

Someone more experienced will hopefully come along to give you more direction.

Coupon-mad

sammybibi wrote: »

Yes the bundle has got a copy of the leasehold agreement. where does this leave me now??

Just means they have standing (probably). Doesn't make them have a GPEOL, or clear signs, or compliant NTKs or proof as to who the driver was every time (or even that it wasn't 2 visits on some or all occasions). That's the risk they run by lumping 3 PCNs together, you can cast doubt and then show non-compliance with paragraph 9 in the NTK letter wording.

I have emailed you now, you are nearly there but watch your dates in the witness statement for starters!

sammybibi

Gerty- Cracking on with all your advise. C-m got your emails and working on the amendments too. Hubby will be home from work shortly to look at it with a fresh pair of eyes. Thanks ever so much guys.

sammybibi

HELP!!!!


Just a quick one pls. Printing of the documents for my defence bundle and i've run out of toner. I've printed off everything except my exhibits. I was on page 27 of the BPA Code of Practice.

Don't remember if I read somewhere that I can take 3 copies of the exhibits with me to the hearing. Is this right or does it have to go with the bundle. Was hoping to get it posted within the hour but will have to go get some ink asap if I have to.