Excel Parking / BW Legal Court Paper

jollymonkeys

Hi all,

I've been using this forum for a few years and it has been a tremendous help - so thanks to all. Apologies for posting regarding a topic that has been covered multiple times but I was advised to start a new thread.

I have just received court papers (Claim Form) from Excel and BW Legal in relation to overstaying in a well known car park for a few minutes, not realising I needed to pay and not noticing any signs regarding payment and parking charges.

As soon as I received the first notice from Excel Parking I emailed them back setting out my argument - that the fine was excessive and explaining that the signs were not visible and they were unable to identify who was actually driving the car.

I am going to continue through the process and send back the service form and send a defence to the court within 28 days. My defence will be exactly as I set out in my only response to Excel - i.e. excessive fine, non-visible signage and non-identification of driver.

Apologies, for asking the following questions:

I'm unsure how to prepare a defence - is it as simple as writing a letter to the court?

And should I lose will this affect my credit rating?

Thank you

Fruitcake

There is a link to court in the NEWBIES thread, and you can purchase a guide to court from the Parking-Prankster's blog site for a few quid.

Hopefully one of the more experienced regulars will be along to help soonly.

Do a search for BW legal here as there have been a lot of this sort of thing recently.

Quentin

Your credit rating won't be affected if you pay up in full within 30 days of losing


It sounds like the papers you have received are not from the court (as they would have a form included for you to submit your defence with)

Redx

you should be looking at recent threads on here about court, checking for UKPC and CEL court claims for starters , but there are others, not sure if BW LEGAL have issued any but check anyway

put BW LEGAL into the forum search box to look for anything you can use

post #1 of the NEWBIES sticky thread has a court section, read it and read the links too

also read parking pranksters court guide booklet as well

no its not as simple as you said above, hence do the research

no it wont affect your credit rating, IF you paid promptly if you lost in court, the judgment tells you how long you have to pay , so typically its between 14 and 28 days (only a fool would not pay and risk a CCJ)

its the non-payment and subsequent CCJ that affects your credit rating, if you let it get that far , otherwise pay up and its deemed "settled"

now do the research on similar court cases from 2016 only, nothing prior to the BEAVIS case of nov 2015

any MCOL comes from Northampton (or possibly Salford), not from BW LEGAL and not from EXCEL, so unless you have an actual MCOL its not at court stage yet

nb:- there is no "fine" and the Supreme Court deemed £85 as "not excessive or unconscionable"

hence check anything since nov 2015

jollymonkeys

Hi,

Thanks all so far. I've read the Small Claims and PPC post from BARGEPOLE which is really helpful. It dates back to 2013 - is it still relevant?

I shall also look into all the recent claims.

In terms of completing the Claim Form, reading the advice on here it suggests I complete the whole form but leave the "Defence" section completely blank.

Is this correct?

Thanks.

Quentin

No (assuming you want to simply acknowledge the claim)

Just return the tear off section with your address details and tick the box saying you intend defending. And sign it

Fruitcake

jollymonkeys wrote: »

Hi,

Thanks all so far. I've read the Small Claims and PPC post from BARGEPOLE which is really helpful. It dates back to 2013 - is it still relevant?

I shall also look into all the recent claims.

In terms of completing the Claim Form, reading the advice on here it suggests I complete the whole form but leave the "Defence" section completely blank.

Is this correct?

Thanks.

The NEWBIES thread was last updated at the beginning of this month, so yes, everything in it is relevant.

Marktheshark

Once you have done this send them a section 18 request for all documentation they intend to use.
State you will be attending court with a sealed bundle so no service will be possible after the cut off date as evidence bundles for the defence will remain sealed until court is in session.

This is what briefs do to stop the claimants dropping files on a bundle in the court waiting room, seal your bundle with red tape or string and leave anything they try to drop on you in the waiting room where it falls on the floor.
If they have been informed it is sealed bundles, then ignoring the section 18 PD request can rule out most of their evidence if they try the old drop trick in the waiting room.

Coupon-mad

jollymonkeys wrote: »

Hi,

Thanks all so far. I've read the Small Claims and PPC post from BARGEPOLE which is really helpful. It dates back to 2013 - is it still relevant?

Yes; I would not link it in the NEWBIES sticky thread if it was not current & correct advice.

I shall also look into all the recent claims.

In terms of completing the Claim Form, reading the advice on here it suggests I complete the whole form but leave the "Defence" section completely blank.

Is this correct?

Absolutely. We heard recently of someone who put 'TBA' in the defence box and by doing so, burnt their boats. 'TBA' was considered to be their defence and under court rules, they would have had to have paid a large court fee to 'amend' that defence later.

jollymonkeys

Wonderful. Thank you everyone. I'll complete the form, send it away and see what happens next.

Is sending a Section 18 request a good idea?

pappa_golf

jollymonkeys wrote: »

Wonderful. Thank you everyone. I'll complete the form, send it away and see what happens next.

Is sending a Section 18 request a good idea?

as above "Once you have done this send them a section 18 request for all documentation they intend to use."


I don,t think they spent time writing that line for fun , do you?