Defence County Court Claim Excel Peel Stockport

Sharon_Ball

Hi to all you helpful Parking Fine Advisors out there,

I am hoping I will be able to get some guidance on how best to dispute the claim made against me. I ignored all correspondence sent to me by Excel Parking for a ticket which they issued in September 2015, until I was sent a County Court Claim form. I followed the advise on this forum and I have acknowledged the form and now must submit a defense.

I have a MCOL Customer number and hope to do this online,

The particulars are that the car was parked on the retail park for approximately 10 minutes whilst the driver (which was not me) quickly went to collect a small item from Argos. The driver had not realised that it was a pay and display car park as he is unfamiliar with the area, but assumed that the set up was similar to Regent Road Retail Park in Salford, where we would normally use Argos.

Claimant Excel Parking Services Ltd
I am the Claimant although I was not driving the vehicle, I am the owner
Amount Claimed£160.32 (£100 PCN, £54 contractual costs, £6.32 interest)
Court Fee £25.00
Solicitor Costs £50.00
Total Amount £235.32
Issue Date 01/08/2016

The particulars of the claim:

The Claimant's Claim is for the sum of £100, being monies due from the Defendant to the Claimant in respect of a PCN issued on XX/09/15 at XX hrs at Peel Centre- Stockport.
The PCN relates to XX(car make) under registration XXX,

The terms of the PCN allowed the Defendant 28 days from the issue date to pay the PCN but the Defendant failed to do so. Despite demand having been made, the Defendant has failed to settle their outstanding liability.
The claim also includes Statutory Interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from XXX to XX being an amount of £6.32. The Claimant also claims £54.00 contractual costs pursuant to PCN Terms and Conditions,

I have trailed the threads and wonder what my best defense would be;
Bad signage( I was not driving so I don;t know how bad, but the driver didn't even realise it was a pay and display)
No loss to Excel (but the Claim Form doesn't mention any loss)

Redx

wrong , that car park is a pay and display car park and has been for years , the cost is £1.30p for 0 to 3 hours as detailed on the signs (no free parking period but up to 15 minutes to buy a ticket) - nothing to do with argos as the car park is run separately

the original charge is £100 for failing to purchase a ticket (a ticket that would have cost £1.30p had one been purchased)

as for your query , you should have read all the other recent threads on the same topic , by using the forum search box , and the court sub section in post #1 of the NEWBIES FAQ sticky thread

however, I will point you at one recent thread that tells you EVERYTHING you need to know , to make it easier on you and us

please read through this

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