Excel Parking defence

Ush2016

Hello!

I have received a Claim Form from the court today for a parking charge from Excel Parking which was incurred on 28/03/2015 at the Peel Centre in Stockport. The letter does not state what the charge is actually for and I am unsure whether it is actually me who was driving at the time. I am going to acknowledge this and try to defend it. From reading other forums, my next steps are to write a Part 18 to the parking company and a Defense letter. I am struggling to find any draft letters and I am completely stuck as what to write! Any pointers in the right direction would be much appreciated.

Redx

put the search words EXCEL COURT CASE into the forum search box and read all the recent court case threads on similar lines

plus any CEL and UKPC court cases from this year (only from 2016)

do the same on pepipoo as both forums are awash with court claims at the moment so plenty to go at

Ush2016

Redx Would this be ok to send as a Part 18??

Dear Sirs

Request for further information

I have received a court order letter concerning a purported debt to your company. It appears when instructing BW Legal you have failed to give them sufficient information for them to send me a Letter Before Claim that meets the requirements of the Civil Procedure Rules.
So that we might narrow down the issues and identify the heads of action/dispute could you answer the following questions.

1. What is the basis of your claim?

2.What is your legal capacity to offer parking at the location? And how is that supposed contract created, by sign, by permit or by some other means? 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.

3. 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? Also does your client pay 16.6% of every paid parking notice to HMRC at VAT?

4. If the answer to the question above is No, would it be correct to conclude that the parking notices are not contractual? If not please explain.

5. What is the standard penalty in a local council car park for parking in such space if not entitled?

Please provide the answers to the above questions within 14 days in order that I can provide a full defence. If I do not receive a reply, you should be aware that any subsequent claim you may raise will reference this letter with regards to having your case struck out for want a cause of action, or having you re-plead your case, and/or costs for having to defend an unfounded and unproven case that could have been settled by other means.

Redx

no idea as I have no legal training

that is why a public forum exists , so the correct people can reply or make suggestions

if you want legal advice , try legal beagles

Kayleighb1

there is some really good advice in my thread

here https://forums.moneysavingexpert.com/discussion/5505546

Redx

+1 ^^^^^^^^^^^^^^^^^^ agreed

if you dont find you answer there , you wont find it anywhere , as its the best set of advice I have seen so far regarding Excel and the Peel Centre honeytrap