Excel Parking County Court Claim form

borap69

Hi there,

Recently been forwarded a county claim form from excel parking regarding monies due for a CN because of contravention in march (Pictured below). I live away from home at university; hence why there was no attempt to sort this at an earlier stage.

So far I have read the newbies thread, submitted the acknowledgement of service and would now like to put together a defense. The issue date for the claim form was 06 dec 2018. I'm starting to get a grasp of some of the more generic defences open to me such as vagueness of the POC (e.g. no details of who is the driver or what the 'contravention' actually is and small wording or un clear signs, which I definitely believe is the case here.

A few things I'm trying to clarify:
-The driver paid for 24 hours parking by phone call on the same date as the CN is dated, there is evidence of this on an online bank statement. How would this go about being written into the defense and evidenced properly.
Issues with this: 1) the 'contravention' is listed at being at 7:22 AM and the payment could have been made hours after this however there is no record of this the bank statement simply says the date (which is the same). (2) Would attempting to defend the driver with this render other defenses not usable (e.g., denying entering into a contractual agreement with the company) ?

- The driver was on a trip at the time of the incident and does not live anywhere near the car park now. Is there any chance photos from street view will be good enough to demonstrate poor communication via signs? The photos are pretty good but obviously not taken from within a car at the scene.

I'm starting to put together my defense with the help of other posts from the forum so will post that here when I have something worth reviewing.

Many thanks


-Now writing witness statement please see latest post 4/19.

Umkomaas

The car park is clearly run/ operated by 'Euro Car Parks' however the claimant is Excel Parking services, what is the deal here? I would like to send a SAR but who to Excel or Euro Car Parks?

An extremely unlikely business axis - never heard of that arrangement before, ever. From where do you derive that information?

nosferatu1001

I;d suggest - give us photos of the signage in the site.
ECP do not work with Excel, as in, that has NEVER been seen on the site, ever.

The_Deep

Read about the net in which you have become enmeshed.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

borap69

Umkomaas wrote: »

.

nosferatu1001 wrote: »

r.

Many thanks for your quick replies.
Here are the best photos I can gather from the internet along with the court claim
h t t p: // photos.app.goo.gl/xUeREc4zpkPZeHLJ8

Also noted is the court claim says 'P&D' car park however there it's only pay by phone.

Thanks

beamerguy

borap69 wrote: »

Many thanks for your quick replies.
Here are the best photos I can gather from the internet along with the court claim
h t t p: // photos.app.goo.gl/xUeREc4zpkPZeHLJ8

Also noted is the court claim says 'P&D' car park however there it's only pay by phone.

Thanks

This shows your name, address and car info. You must redact all personal info ....... Excel are avid readers of this forum.

There is however a huge flaw in their claim

borap69

beamerguy wrote: »

.

Yes, noted I have sorted that now, thanks. Would you be able to expand ?

beamerguy

borap69 wrote: »

Yes, noted I have sorted that now, thanks. Would you be able to expand ?

But you have cut off the claim form, you just need to blank
your name, address and car details. But show the complete form

borap69

beamerguy wrote: »

But you have cut off the claim form, you just need to blank
your name, address and car details. But show the complete form

Understood and Fixed!
Thanks

Redx

this thread https://forums.moneysavingexpert.com/discussion/5303213/pcn-on-lower-loveday-st-birmingham-for-not-parking-in-a-marked-bay shows that it was Excel in 2015, and I doubt that Excel would bring a court claim so quickly because they tend to be a few years old

the first question is the date of the CN which does indeed show March 2018, so were Excel the parking company 9 months ago ? ie:- has it changed to ECP more recently ?

if ECP have taken it over from this year, but after march 2018, then the ECP issue is irrelevant


the SAR goes to the EXCEL DPO by email asap


ps:- there is no S in DEFENCE

beamerguy

photos.app.goo.gl/xUeREc4zpkPZeHLJ8

The pictures don't really show much and I assume the terms
are the notice underneath.
As per usual Excel signs are unclear

They claim £160 which they state is a "charge notice"

The charge notice will be a maximum of £100

They have artificially inflated the value of the Claim by £60
without any explanation