Help needed - Excel Peel Centre - Court Docs Recvd

turbocurbo1

Hi there
I'm a newbie to all this and don't have the time to do a massive amount of research and I'm getting really confused and tbh quite scared by it all.
I received a parking charge for going into the Stockport Peel Centre back in March 2013.
I was in the carpark for less than 10 minutes as I just returned an item to a store. It was dark and I couldn't see the signs.
I ignored any letters from BW Legal (which go to my parents address as I haven’t changed the registered address for my vehicle yet)
All went quiet and I didn’t hear anything for months.
I have now received a Notice of County Court Claim Issued letter from them and also the issued claim form from Northampton County Court.
I’m at a total loss of what to do and apparent I have until 13th September before a CCJ is entered against me.
Are you able to help me at all with some urgent advice?
thanks in advance

Redx

read the bargepole link in the NEWBIES sticky thread , post #1 , court sub-section

acknowledge online , no to mediation and do not write anything AT ALL in the defence box , this will gain you an extra 14 days to sort out a holding defence

read the parking prankster court guide too

also read the other BW LEGAL court case threads on here and pepipoo over the last 3 months or so, follow the advice and paths they are following

I will give you one example which is the best on here

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

you wont be able to ask anything new , its all been said already , especially as there are dozens or hundreds of similar case

you WILL have to do the research , nobody will do it for you

hope that helps

turbocurbo1

thank you so much, I was panicking but I now know where to concentrate my efforts!

Redx

bear in mind their signs allow 15 minutes to buy a ticket (grace periods)

they were also BPA members back then so clause #13 of the BPA CoP applies , which allows reasonable grace periods both BEFORE and AFTER a parking period

you can say that THE DRIVER complied with the signage and left before the 15 minutes grace period on their signs, plus as allowed in the BPA CoP

do not mention about the shop or what the reason the driver was their for

its likely they failed POFA2012 too, including NTK errors , so as BPA members at the time they failed to follow the BPA CoP and POFA2012

I say this as long as you have never revealed who the driver was ? if not , keep it that way , no slip ups, so EDIT post #1 above and replace the details using "the driver"

there will be many legal arguments in your bullet point holding defence, and expanded on later in the full defence argument

which should include

NO LOCUS STANDII
GRACE PERIODS
POFA2012 failures
NTK errors
No keeper liability
poor signage that fails the BPA CoP


even if you lost in court , as long as you pay up promptly there will be NO CCJ

its ignoring a court judgment that gets you the CCJ , whereas prompt payment (usually within 28 days) means the matter is "satisfied2 and no CCJ

so pay up promptly if you lose, to protect yourself

but you have a good case based on the above, if you have not mentioned the drivers details

turbocurbo1

just a quick question I have completed the acknowledgment of service online, do I also need to fill in the defence part of the response form but keep the defence blank?

turbocurbo1

and no I haven't mentioned driver details at all, thanks

Umkomaas

turbocurbo1 wrote: »

just a quick question I have completed the acknowledgment of service online, do I also need to fill in the defence part of the response form but keep the defence blank?

Leave the defence part blank - nothing at all in there. Once you've acknowledged service, you then get 28 days - from the date of service of the court documents to you, not from the date of your acknowledgement - to build your initial, outline defence.

Redx

within 28 days your skeleton defence (holding defence - short version) will go into that defence box

later down the track, a few weeks before the hearing , your expanded FULL defence will go in , with exhibits and evidence etc

so its acknowledge online , tick no for mediation , note down the digital number reference they give you to log back in later

Coupon-mad

turbocurbo1 wrote: »

Hi there
I'm a newbie to all this and don't have the time to do a massive amount of research and I'm getting really confused and tbh quite scared by it all.
I received a parking charge for going into the Stockport Peel Centre back in March 2013.
I was in the carpark for less than 10 minutes as I just returned an item to a store. It was dark and I couldn't see the signs.
I ignored any letters from BW Legal (which go to my parents address as I haven’t changed the registered address for my vehicle yet)
All went quiet and I didn’t hear anything for months.
I have now received a Notice of County Court Claim Issued letter from them and also the issued claim form from Northampton County Court.
I’m at a total loss of what to do and apparent I have until 13th September before a CCJ is entered against me.
Are you able to help me at all with some urgent advice?
thanks in advance

Here is a useful Court defence thread about the Peel Centre:

https://forums.moneysavingexpert.com/discussion/5508751

Maxtag's defence goes into detail about the woeful signs, the fact DJ Lateef found them unacceptable in 2010 and yet Excel's PC|N numbers issued (overall, not just the Peel Centre) is now huge compared to 2010...so Excel can be questioned at any hearing about PCN numbers issued now at the Peel Centre and to explain how they can possibly contend that the signs were improved, if more people are being caught out?

Also bargepole's post there gives useful info about how to present the defence to try to give a good first impression, make it readable/get a Judge onside.

parkingwoes_2

Redx wrote: »

so its acknowledge online , tick no for mediation , note down the digital number reference they give you to log back in later

What are you going on about 'No to Mediation' does not come into play when acknowledging service of the claim !

Answering to Mediation options comes at N180 directions stages

To the OP

You need to create a Government Gateway account on MCOL;

You will need to use an email account and remember THIS password.
As part of the process you will be provided a unique 12 digit Government Gateway ID number - make a note of this /print out etc as you will NOT be provided this again.

YOU will also be provided with another reference starting MC - which is your customer number.

To acknowledge the claim you will need the claim number and the password found on the front page of the claim form

Select the option to Acknowledge service of the claim
(Defence box left blank at this stage)

Tick the box you intend to defend in full

NO need to contest jurisdiction - unless you do not live in England or Wales.

Confirm personal details

Digitally sign the form and submit

You will be able to check the claim online and can even download a PDF of the acknowledgement.

fil_cad

turbocurbo1 wrote: »

thank you so much, I was panicking but I now know where to concentrate my efforts!

Study, learn, win, never ever pay a PPC