Excel parking charge notice

Half_way

Who's car park was this?

dufflers

Excel SA1, as far as I've been able to find out the land is leased to them. But i've tried contacting the land registry and the council directly, no-one seems to know where the land is to be honest..

Half_way

where was this car park?
You have only given a partial postcode, what's the full address?

nosferatu1001

They dont know where the land IS? huh?

The land registry will tell you who owns it - OC1.

dufflers

Searching for the car park brings up SA1 8PL
A11-A14 pay and display
Sorry, there are a few car parks in the area and they are all operated by excel

dufflers

Ok here's my 6 point draft order,

DRAFT ORDER IN THE XXXXXXXXXX COUNTY COURT
Claim No. XXXXXXXX
BETWEEN Excel Parking Services LTD
-- and –
XXXX Defendant

It is ordered that:
1. The default Judgement dated 23/05/2019 be set aside.
2. Costs to be reserved.
3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/19 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.
4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/2019
5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant’s costs summarily assessed at £255 plus the Defendant’s costs for attending the hearing.
6. All enforcement be put on hold pending the outcome of the application.

Would it be at this point where I can request additional costs for them acting unreasonably? The only reason found out about the credit mark was because I was rejected credit for my university course, it's going to set me back a year and it means I lose money already paid on the course (£123).
I think I mentioned before my wife suffers from anxiety too and this is causing her a lot of distress

Half_way

Do you have a full address for the car park?
google maps location?

the reason is that the landowner could be liable for the actions of its agents, there could also be a GDPR issue at play here for failing to keep accurate data

dufflers

The address on my original PCN is
SA1 - A11 - A14 Pay & Display Car Park
Swansea Waterfront,
Kings Road,
Swansea,
SA1 8PL
I tried to speak to the land registry and Swansea council to find the landowner and no-one i spoke to was able to find it

waamo

Ask the council who pays rates on it. Land registry should show something for a small fee.

dufflers

Here's my witness statement to accompany the draft order, I've tried to make it as factual and detailed as possible, please let me know if it's satisfactory
for reference, Excel are the claimant, having taken the claim back from BW legal (who i had contact with when i sent all previous emails)

WITNESS STATEMENT

I am XXXX and I am the Defendant in this matter.
This is my supporting statement in support of my application dated 23/08/2019 to:
A. Set aside the Default Judgement dated 23/05/2019 as it was not served to my current address.
B. Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee.
C. Order for the original claim to be dismissed.

1. Default Judgement

1.1 I understand that the Claimant obtained a Default Judgement against me as the Defendant on 23/05/2019. However, this claim form has not been served at my current address, therefore I was not aware of the Default Judgement until 22/08/2019 when I was rejected credit and subsequently checked my credit file online. I understand this Claim was served at XXXX. I moved to a new address XXXX on 16/10/2018.

1.2 The Claimant originally passed the Claim over to BW Legal, they also issued me with a letter on 22/08/2018 stating that all correspondence should now go through BW Legal. I followed their instruction and advised BW Legal by email that I had moved address immediately after moving. Since moving address, I have received correspondence from BW Legal via post to my current address, this confirms that they were aware that I was no longer at XXXX. All correspondence is evidenced. I also changed my address with the DVLA on 11/11/2018, have my updated licence as proof and with Swansea city council.

1.3 Unbeknownst to me, BW Legal was instructed to withdraw their proceedings and the Claim was passed back to the Claimant, I do not know when this was, I was not notified in any way.

1.4 I have since become aware that the Claimant has continued proceedings against me directly, sending all correspondence to my previous address. I had no reason to expect to have to contact the Claimant, I also had no reason to expect that it had gone to court.

1.5 I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s current and correct contact details, especially considering:

a. I was in direct correspondence with their agent, BW Legal and notified them of my change of address without delay.
b. I updated my address with all relevant credit agencies, ensuring that there was no valid reason for the Claimant to be unable to contact me.
c. Both the Claimant and BW legal had my email address – This was the primary method of communication throughout the process – and I received no notification that my information had been incorrectly passed back to the Claimant.

1.6 According to publicly held information, my circumstances are far from being unique. The Claimant’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system across the country.

1.7 On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the Claim.

1.8 Considering the above I was unable to defend this claim properly. I believe that the default judgement against me was issued incorrectly and should be set aside.

2. Order dismissing the Claim.