HELP!! court claim form from Excell Parking

Redx

already told you what to do, do the research (live up to your name on here) and then decide

only YOU know where YOU live, how would anyone else on here know what YOU should tick ?

it is not a simple YES or NO answer

Quentin

clerk123 wrote: »

its a simple yes or no answer tho do i tick the box or not?

It is simple for you!

Anyone here answering yes or no would have to guess/gamble on giving you a reply

Should anyone now answer your simple question you are strongly advised to ignore it and decide yourself whether to answer yes or no!!

Redx

READ the dropbox PDF guide in post #2 of the NEWBIES FAQ sticky thread, entitled

Here is a guide to MCOL & how to acknowledge service (the first step), put together by a genuine PPC fighter:

base your eventual decision on your actual address and country

The_Deep

[FONT=Times New Roman, serif]This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences. [/FONT]


[FONT=Times New Roman, serif]Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (who take hundreds of these cases to court, and nearly always lose), who have also been reported to the regulatory authority. [/FONT]


[FONT=Times New Roman, serif]The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.[/FONT]


[FONT=Times New Roman, serif]http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41[/FONT]


[FONT=Times New Roman, serif]and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.[/FONT]

clerk123

hi guys,

thanks for your help, im just about to submit my initial defence, can someone please proof read and advise me please.

It is admitted that the Defendant is the registered keeper of the vehicle in question.

However it is denied that the Claimant has authority to bring this claim on the following grounds:-

1. The registered keeper has not been proven as the driver, as such the keeper can only be held liable if the claimant has fully complied with the strict requirements. The Protection of Freedom Act 2012 Schedule 4 has not been complied with.

2. The proper claimant is the landholder. Strict proof is required that there is a chain of contracts leading from the landholder to Excel Parking Services Ltd.

3. The Protection of Freedoms Act does not permit the Claimant to recover a sum greater than the parking charge on the day before a Notice to Keeper was issued. The Claimant cannot recover additional charges. The Claimant claims a sum of £185 as the !!!8216;amount claimed!!!8217;!!!8217; (for which liability is denied) plus The Particulars of Claim include £25 that the claimant has untruthfully presented as legal representative!!!8217;s costs. The driver of the vehicle , wether it be myself or one of my family members had a valid parking ticket which was £3 for 12 hours, but unfortunately due to public transport being unreliable at times, the driver accidently went over the time limit by no more than 30 mins. According to my calculations, the sum of the parking charge should actually be 50p.

4. Me and my family use this car park regularly and have always bought a valid ticket.

5. I have moved address and only just found out that i had all these letters.

KeithP

Have you looked at post #2 of the NEWBIES thread?

Have another look.

In particular, look at some of the examples of Defences linked from there.