Ashton Retail Park - Excell Parking

Redx

remove all those references and any other personal details from your last post

NEVER post stuff like that on an open forum

phone the court in Northampton and check its a genuine claim

then you should be preparing a defence , as the COURT sub-section of the NEWBIES sticky thread tells you to do (not a "response")

I dont think arguing with JAKE BURGESS is going to do you any good at this time

and it doesnt sound like your "friends" have a clue what they are talking about

LAMILAD was in court against excel and Jake Burgess himself, you should heed what he tells you

here is a recent one who has fallen into the same trap

https://forums.moneysavingexpert.com/discussion/5615297

but they are only just starting off, no court case YET

in MY OPINION you have a genuine court claim from Northampton Bulk Centre Court , which you should be defending

DoaM

Redx wrote: »

remove all those references and any other personal details from your last post

NEVER post stuff like that on an open forum

And do it quickly before it gets cached by Google/Internet Archive etc. Once that happens then it's there forever.

Lamilad

Redx wrote: »

remove all those references and any other personal details from your last post

You need to do this quickly! As Doam said - you don't want this info lingering about.

Redx wrote: »

phone the court in Northampton and check its a genuine claim

You should have just done this rather than sending that pointless letter

Redx wrote: »

and it doesnt sound like your "friends" have a clue what they are talking about

Sounds like you been given 'advice' from a certain Facebook page that thinks it knows a lot more than it does.

Redx wrote: »

in MY OPINION you have a genuine court claim from Northampton Bulk Centre Court , which you should be defending

I agree that this will almost certainly be a genuine claim. Excel/VCS take people to court all the time they do not need to make up false claim No.s.

I'm afraid the letter you sent was a waste of time and will achieve nothing.

* Ring Northampton and confirm the claim No. and ask where your N1 + response pack is.
* When you get the papers complete 'Acknowledgement of Service' (AOS) on the MCOL website. DO NOT click 'start defence' leave that well alone for now.
* Research research research, other court cases involving Excel/VCS on here and Pepipoo. There's enough reference material for you to defend this case a thousand times over.
* Read other defences to see how yours should look, or plagiarise/ adapt a defence to suit your case. Then post it on here for review/ further advice
* Don't listen to the cr*p spouted by certain FB pages. Trust me - bad advice is worse than no advice
http://parking-prankster.blogspot.co.uk/2017/01/parkingeye-win-and-are-awarded.html

fostany99

deleted - It was actually someone I showed it too - but no experience of this type of stuff - lesson learnt - I will give the court a call Monday - I have read through the stuff around defences on the Newbies thread

I've got the list of evidence to prepare from the Newbies thread as well and pretty sure I can gather a fair bit of this

The_Deep

Do they have a Facebook or TripAdviser page? If so write bad stuff on it. Take out an advert in the local paper warning people off using the gym.

fostany99

I have had a response from the gym stating there is nothing they can do - I think with the amount of business they a losing over this they would if they could

I will prepare a Part 18 request and a statement of defence and post on here

Coupon-mad

OK, as long as the Acknowledgement of Service has been done online using the password on the claim form.

fostany99

So sure enough I rang the court and they haven't sent me the claim forms or response pack - the court have forwarded them on to me.

I have just emailed the acknowledgement of service back to the court and that I intend to defend the claim

Lamilad - I have read your Part 18 and intend to send this (bits changed from it) as it looks similar to the ones I have read up on so far

Should I issue the Part 18 now and then defence as soon as I'm ready or wait for a response?

I intend to defend the case but I got the following questions.

1. I have evidence that I was in the gym as they have provided me with door swipes - do I use this as part of my defence??.

2. On all of the signs around the carpark it makes no mention of a fine, the amount or the need to use the reg machine in the gym - the only sign that makes reference to the fine is the sign by the pay and display machine (which you wouldn't see if you were going to the gym) - so It take it I include this in the defence - as with others

4. The particulars of claim state that I was issued with a PCN on the date - I wasn't - they sent me the invoice with a picture of my car entering/leaving the carpark from the camera's - do I include this?

Lamilad

fostany99 wrote: »

I have just emailed the acknowledgement of service back to the court and that I intend to defend the claim

How have you done that without the response pack or access to mcol?

fostany99 wrote: »

Lamilad - I have read your Part 18 and intend to send this (bits changed from it) as it looks similar to the ones I have read up on so far

Should I issue the Part 18 now and then defence as soon as I'm ready or wait for a response?

Tbh, sending a P18 in my case was pointless, it didn't help me prepare my defence or give me any useful information.

Send one if you want but they're not obliged to reply as P18's are N/A in small claims. Although if you reasonably ask for further information to help you understand the case better and they don't provide it then the would be unreasonable as per the overriding objective.

If you want to compel them to send you something then consider a SAR. Under the DPA they have to respond to this within 40 days
https://bmpa.zendesk.com/hc/en-us/articles/206890469-6-Subject-Access-Requests-Easy-

fostany99 wrote: »

I intend to defend the case but I got the following questions.

1. I have evidence that I was in the gym as they have provided me with door swipes - do I use this as part of my defence??.

you mention it in your defence then submit it as evidence when send in your WS

fostany99 wrote: »

2. On all of the signs around the carpark it makes no mention of a fine, the amount or the need to use the reg machine in the gym - the only sign that makes reference to the fine is the sign by the pay and display machine (which you wouldn't see if you were going to the gym) - so It take it I include this in the defence - as with others

It's not a 'fine' so you won't find anything about that, but there should be something about a 'parking charge' for using the car park other than in accordance with the T&Cs. So what do the signs actually say?

Are there signs by the gym entrance and inside the gym explaining the T&C's to gym users?

fostany99 wrote: »

4. The particulars of claim state that I was issued with a PCN on the date - I wasn't - they sent me the invoice with a picture of my car entering/leaving the carpark from the camera's - do I include this?

No, in anpr cases you don't get a physical 'parking ticket' just a 'notice to keeper' (NTK) through the post, which is what they've sent you.

fostany99

Thanks

I will send the SAR and P18 by recorded mail tomorrow morning - I have confirmed with the court that they have received my acknowledgement so I know have additional time to prepare the defence - I will post on here once I have completed - the SAR information will arrive after the date to submit my defence though

The signs around the carpark state that people parking in the carpark are subject to the terms and conditions and that full terms and condition are displayed on the sign by the pay and display machine - and then at the bottom of the pay and display machine they have stated the parking charge.

There is a small sign to the left hand side of one of the doors on the entrance to the gym (there are two doors) that states you should use the Reg machine - this has been put up by the gym not excel - I can't recall any inside the gym.