County Court

ainscom

After appealling to Excel Parking, have now received forms from County Court Business Centre, Northampton to complete forms and respond within 14 days. However I feel that they have not addressed any of the issues I raised. I guess I will have to complete the forms and fight this case. Any ideas?


1) I paid for and received a ticket but didn't see the instruction on the pay machine to enter Licence number due to someone standing at that side of the machine.


2) Money was not refunded.


3) Ticket should not have been issued if it was not valid


4) No signage on entry informing you that registration number is required to park.


Excel stated that I didn't display a valid ticket because I had not entered a correct registration number so therefore the ticket was not valid. I will now register on the county court website and hope to get some idea of how to prepare my case. Thanks guys

Quentin

First thing is to acknowledge the claim - that gets you an extra 14 days to prepare your defence


Then check the newbies faq thread near the top of the forum for advice when you reach court stage together with links to other resources to help


You can post up your draft defence here for oomments

The_Deep

However I feel that they have not addressed any of the issues I raised.

If they do not address valid points, the answers to which could have kept this out of court, then you can raise this with the judge and ask him/her to consider whether such actions are reasonable or not.

Redx

ainscom wrote: »

However I feel that they have not addressed any of the issues I raised

they are only interested in your money , NOT your concerns

concerns do not increase their profit margins or pay for their luxury cars , holidays or yachts

fight back, or lose out , simple as that

read post #1 of the NEWBIES FAQ sticky thread, plus parking pranksters court guide

put your concerns to a judge as they get paid either way so are in theory impartial

ainscom

I gather from that I need to email this part 18 Request to BW Legal and Excel Parking, is this right?


IN THE XXXX COUNTY COURT CLAIM NO: [should the X's say Northampton?]

BETWEEN:

Excel Parking Services Ltd [Claimant]

and

{MY NAME} [Defendant]

PART 18 REQUEST FOR FURTHER INFORMATION

To: Excel Parking Services Ltd

Please answer the following questions:
1. What is the basis of the claim. Is Excel Parking Services Ltd making a claim as an agent of the landowner or making the claim as occupier in their own right?
2. Is the amount claimed by Excel Parking Services Ltd for a genuine pre estimate of loss for a breach of contract or a contractual sum?
3. If the contract has been conveyed by the use of signage on site, please provide copies of the signs on which you rely and confirm these are the signs in situ on the date of the event. Please also provide the date these signs were installed, for example, a works schedule, maintenance record or invoice for the work.
4. Were there signs at the entrance to the site on the date in question? Did these meet the British Parking Association's Code of Practice Appendix B (Entrance signs) or the Independent Parking Committee’s Schedule 1 (Please indicate)
TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU.
I also require that answers to these questions be verified by a Statement of Truth by an authorised signatory of Excel Parking Services Ltd

Coupon-mad

It's not vital, no, and proves just a distraction in some cases. You should only ask for what you feel has not been disclosed (if anything) - just a question or two, not send Part 18 request for the sake of it:

https://forums.moneysavingexpert.com/discussion/5507076

https://forums.moneysavingexpert.com/discussion/5507205

Have a look at other cases - not just those two new ones - your priority is to acknowledge the claim online asap (if not already done) then show us your worked defence based on all the dozens of others.

ainscom

Thank you all for responding! I'm now going to attempt my skeleton defence incidentally is the skeleton defence just a first draft? I'm new to this! thanks again guys, much appreciated!!!

Coupon-mad

It is your full list of defence points; miss nothing out (but you do not need at this stage, to go into great detail nor attach exhibits as evidence, like photos). You will see examples when you search 'Excel defence' on this board and read some more worked examples where the OPs have shown their defences here for scrutiny.

The_Deep

If this is a contractual sum how is v.a.t. accounted for?

ainscom

I may have to send the Part 18 Request For Further Information to BW Legal and Excel Parking after all. The correspondence from Excel doesn't state breaking contract or trespassing. It reads "you did not comply with the terms and conditions of parking by failing to purchase a ticket" which I did but did not enter my registration number. However, I did not realise at the time because my colleague and a witness was stood covering the side of the ticket machine that had the instruction to enter registration number. The signage on entry did not state that it was a mandatory or part of their contractual agreement to park. Apart from the ticket machine I have not noticed any other reference to enter registration number. If it such a vital component why is it not highlighted more?

Coupon-mad

That will form part of your defence.

You could instead consider a SAR and ask UKPC for all photos including the alleged contract terms on signage as photographed on the day:

https://bmpa.zendesk.com/hc/en-us/articles/206890469-6-Subject-Access-Requests-Easy-

But don't get distracted. Your main aim is a decent defence so read other examples on this forum by searching, then show us your draft defence.