Newbie. Excel Parking are taking me to the County Court

tomwilko89

Hi all,

I am very much a newbie but have done extensive reading over the weekend. I was just hoping that someone would confirm what I am doing is the right thing.

Naively, I ignored the warning letters from Excel parking believing this was the best way to deal with them but I have just received a letter in the post



'The Claimant issued this claim against the Defendant for payment of outstanding parking charges
arising from a vehicle for which the Defendant was responsible, being parked on private land in breach

of the Terms and Conditions.

The Claim is for the sum of £447.88 being monies due from the Defendant to the Claimant in respect of

Parking Charge Notices issued between the dates 28/08/2015 and the 07/05/2016 in the car park

known as The Square Choriton - !!! - Hardy.

The Claimant provides, manages and enforces private parking and under the terms of its agreement

with the landowner is permitted to enter directly into contract, ¡n the Claimant’s own name, with any

motorists using the car park and recover all monies owning from the issue of Parking Charge Notices.

The Parking Charge Notices relates to a Volkswagen Polo under registration

The terms of the Parking Charge Notice allowed the Defendant 28 days from the Issue Date to pay the

Parking Charge Notice, 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.

Statement of Truth

The Claimant believes the facts in these Particulars of Claim are true'


The following day I received Claim Form from the County Court.

My defense will be based on that I used it as a road not a car park, there are examples in the Manchester evening news of this and them dropping the charges.

My brother and I use the car and we have never parked in the car park but we use it to miss out the traffic lights, obviously not anymore.

They have never provided evidence that we have parked in the car park

Is it worth me requesting a P18 or has that ship sailed?

Should I just complete the acknowledgement of service and not put anything down as my defense as yet.

Anything else I can do??

Thanks

I have so far done nothing.

System

Also were you parked there or just using it as a route through?

tomwilko89

No I have never said who was driving and it is Excel not BW Legal.

I haven't I will have a read. Thanks

And no got the civil court forms on Friday so have not sent off my acknowledgement yet.

tomwilko89

Hi IAMEMANRESU, no never parked, it misses out a set of lights on my way home from work so always just passed through. It's a very flawed parking system, why they haven't put barriers in, I do not know.

Redx

probably similar to this one then

https://forums.moneysavingexpert.com/discussion/5472301

and plenty of EXCEL court cases going on at the moment , especially in stockport court

Guys_Dad

Include a map, if possible, showing how it is a rat run.