PCN & Loan Car From Dealership

Bigmatt0811

Cheers CM will do that and see what response I get from David.

I have looked into finding the landowner and appealing to them - it is a private bit of land so no retail park etc. I have done a few google searches to try and work out who the landowners are - is the land resgistry the best place to look (haven't tried that one yet!)

Coupon-mad

Yes, costs maybe £3 to get the landowner from the LReg.

Bigmatt0811

Sorry for rehashing an old post - this has now progressed further on and whilst we were away on holiday we have received a Claim Form from Excel Parking Services and the sums have gone to £185 in total - £160 amount claimed and £25 court fee.

Are we too late to continue fighting this - I think Excel are tightening up their game as the Claimant is now a name - a Simon Renshaw Smith and there is a separate Particulars of Claim signed by a person with A.CILEx after their name and they state they are an Associate Legal Executive.

Is this still defendable - are there any templates to send back and I believe that i have a timescale to adhere to re the claim form.

I have never disclosed to Excel who was driving at the time the PCN was issued - what made it worse the driver did pay for the ticket - they claimed it was parked in a restricted area - there aren't any.

Any advice would be great - I appreciate there are lots of responses already on the forums so some guidance on what to look for would be appreciated. I have read previoulsy Lamilad's story - the first from back in 2015, but was wondering if things have changed since then so more up to date defences etc are around.

Thanks very much is advance.

Cheers

KeithP

Post #2 of the NEWBIES FAQ sticky thread give good guidance from receiving the Claim Form right through to any court appearance - and beyond.

In there you will see the first thing you need to do is Acknowledge Service. There is a nice pictorial Dropbox link telling you exactly how to do that. That buys you an extra fourteen days to prepare your Defence.

What is the date of issue on your Claim Form?


What response did you get from the DVLA?

Bigmatt0811

The date on the claim form is 5th June so I will get this sent/posted today.

I never got a response from the DVLA and my own stupid fault I never followed this up as it went very quiet from the firm. Stupid I know!

Bigmatt0811

Hi,

Following on from the Newbie #2 Thread, I have now completed the MCOL Acknowledgement of Service, however I haven't clicked on "Start Defence" yet - do I need to do this before I have by defence has been drafted to show my intentions or do I only click on this when I have the defence to submit? It states that "If you do nothing, judgment may be entered against you." and I am not sure if this means I have to choose now or can I go back in when the defence is written and submit then - hope that makes sense?

Cheers

nigelbb

Fruitcake wrote: »

Do as C-m says, but do not reveal the driver's identity to anyone. Not even a judge can force you to do that.

If you are defending the claim the judge can ask you if you were the driver.

Redx

you do the AOS online regardless (using the MCOL portal) , within 14 days , to double the time you have to work on the defence to 28 days from the date of service on the form



once your defence is ready and approved , you will print it , sign and date it , scan back to pc and save as a pdf document


this will be EMAILED as an attachment to the new CCBCAQ email address specially for this purpose


so not using the MCOL portal, and not posting it by royal mail either

KeithP

Bigmatt0811 wrote: »

...I haven't clicked on "Start Defence" yet - do I need to do this before I have by defence has been drafted to show my intentions or do I only click on this when I have the defence to submit? It states that "If you do nothing, judgment may be entered against you." and I am not sure if this means I have to choose now or can I go back in when the defence is written and submit then - hope that makes sense?

Cheers

Having done the AoS, you do nothing more on MCOL.
Do not try to file a Defence via MCOL.

When you have prepared your Defence, show it to us here for critique if you wish.

When ready, your Defence should be filed via email - repeat... not via MCOL - as described here:

Once you are satisfied with the content -
1) print your Defence
2) sign it
3) scan the signed document back in and save it as a pdf.
4) send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.

If the date of issue on your Claim Form is 5th June, then you have until 4pm on Monday 9th July to file your Defence.

Coupon-mad

As above, you will not be clicking on 'start defence' on MCOL.

You have grounds to defend. We want to help, and we need to see your draft defence like everyone else with an Excel claim shows us first (go and find some).

So look at other more recent Excel Defences, so what if Simon Renshaw Smith's name is on the claim form, doesn't mean they've upped their game; doesn't mean you can't win.

Search the forum for Excel claim Simon and you will find several like this.