BW Legal Court Notice ANOTHER

maxtag

Evening All :-)
After trying to read this and other forums regarding your "favourite Parking spot " Stockport Peel Ctr.
I now have a CC business ctr letter Claim Form from Northampton.
Reading other's letters the same sort of figure applies £239.96 claimed against me for "missing woefully inadequate signage"

I'm currently filling in the MCOL form on line and have arrived at the Defence part of the form.
Help please,reading on here it says to leave blank (?) this cannot be done on line so do I set out my Defence in full now ???
There are guide lines I know but finding them isn't easy.
I do intend to fight this as it is an injustice.

PCN is from Feb 2015.

Any help will be very much appreciated as all this is very,very new to me.
Thanks

Umkomaas

Why can't you do it online? Wasn't there a password provided for you on the documentation from Northampton County Court Business Centre? If this was a MCOL (the clue is in the 'OL' part of the acronym - 'OnLine'), then you should be able, and should be doing it OnLine.

Nothing should go into the defence box (not even a dash or a n/a, as that could be interpreted as your defence i.e., you don't have one) at the acknowledgement of service stage. That's why you get up to 28 days to develop your outline defence.

The_Deep

They may have shot themselves in the foot by asking for that amount. Even if they won, they would be unlikely to be awarded more than £200, does a sum of £54 enter the equation?

Copy the letter to the SRA

http://www.sra.org.uk/consumers/problems/report-solicitor.page

and ask them if the sums are is kosher. Also, search on peppipoo for a Gan letter asking them some very awkward questions.

If you play your cards right THEY could be paying YOU for their greed.

Redx

should be no problem acknowledging online leaving the defence box blank

then take inspiration from this thread http://forums.moneysavingexpert.com/showthread.php?t=5505546 in drafting your own holding defence and part 18 request, and your later down the line full defence etc

the bargepole link in the NEWBIES sticky thread outlines the MCOL process and details

maxtag

Thanks for the replies :-)
Doing a lot of reading and sort of starting to get the picture..
Will look at the MCOL again.
Just a bit of history on the background -
I did respond to Excel to explain that I was the driver(!!) as I was working in one of the retail outlets.
It was in February so when I entered the carpark it was dark around 16:45.
There was no chance of seeing the signs let alone the ticket machines painted dark blue !!!.
No illumination near the said machines.
Neither are there any signs on or in the unit I was working in. Are these units in cahoots with the Landlords ??
Neither did the Assistant manager advise me either. there about 22 mins and off I go.
I return 2 days later in the daytime and still miss the signs,park up and go into the unit again and the manager says "have you paid to park" So then I'm aware of the issue that I will have. Do some home work find the Watchdog program and now here we are and it's my turn !!!
As I an Self Employed and travel/park a lot I have 11 years expenses and can pull on that data with exact monthly figures. If the signage was correct would I skip paying £1.20 ?? I THINK NOT.

I will keep you posted and thanks.

maxtag

Wasn't going down the correct route.
I have completed the AOS part of the MCOL form.

Cheers

maxtag

£54 does appear in the "Particulars of Claim" section of the letter as contractual costs pursuant to PCN t&c's

maxtag

Hi
Email sent to the SRA.
I'm going to go back to Peel ctr and video the drive in for evidence.
And pay of course !!!

maxtag

Off the BPA website.
The question I ask is was I invited to park on the Peel ctr when the signs are "Not fit for purpose"


POPLA only handles appeals after the recipient of the parking charge notice has been through the internal complaints procedures of the operator who issued the notice.

Its adoption across England and Wales makes it available to all motorists who park on private land where parking is invited, including (but not limited to) retail parks and railway stations as well as locations where parking is not invited. POPLA is not currently available In Scotland or Ireland.

POPLA is judicially independent when it comes to deciding the outcome of an appeal and their decision is binding on the operator only. The POPLA service is free to the motorist with the parking operator being charged a fee for every appeal that is considered.

Umkomaas

The BPA and POPLA are irrelevant in the context of Excel after 01/01/2015. They joined the IPC from that date.

If you're to check any website/Code of Practice it should be those of the IPC.

pappa_golf

maxtag wrote: »

Off the BPA website.
The question I ask is was I invited to park on the Peel ctr when the signs are "Not fit for purpose"


POPLA only handles appeals after the recipient of the parking charge notice has been through the internal complaints procedures of the operator who issued the notice.

Its adoption across England and Wales makes it available to all motorists who park on private land where parking is invited, including (but not limited to) retail parks and railway stations as well as locations where parking is not invited. POPLA is not currently available In Scotland or Ireland.

POPLA is judicially independent when it comes to deciding the outcome of an appeal and their decision is binding on the operator only. The POPLA service is free to the motorist with the parking operator being charged a fee for every appeal that is considered.

since the inception of the IPC , more and more companies are moving there, less than 50% of cases can go to POPLa now