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Defending a claim from excel

ippikin
Posts: 7 Forumite
Hello,
Firstly, thank you to everyone involved in these forums, the information here is invaluable.
Sorry to start a thread without a draft defence, but I need advice on whether I have any defence at all.
From what I have read here, I have done everything wrong from the start. I spend a lot of time away from home, and ignored correspondence until I received Letter Before Claim - at this point I did email Excel parking with a SAR request although this was sent a day too late. I received no reply.
My vehicle was parked late at night for around half an hour, no ticket was purchased and it seems it wasn't too late for an officer to issue a notice :mad:
The total is £185, a rip off, however I feel if I don't have a decent defence I risk losing the fee if I apply to set aside the CJJ.
Your advice would be greatly appreciated. Thanks.
Firstly, thank you to everyone involved in these forums, the information here is invaluable.
Sorry to start a thread without a draft defence, but I need advice on whether I have any defence at all.
From what I have read here, I have done everything wrong from the start. I spend a lot of time away from home, and ignored correspondence until I received Letter Before Claim - at this point I did email Excel parking with a SAR request although this was sent a day too late. I received no reply.
My vehicle was parked late at night for around half an hour, no ticket was purchased and it seems it wasn't too late for an officer to issue a notice :mad:
The total is £185, a rip off, however I feel if I don't have a decent defence I risk losing the fee if I apply to set aside the CJJ.
Your advice would be greatly appreciated. Thanks.
0
Comments
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You can send a SAR at any time; it's never too late. They MUST respond.
How come you got a CCJ (you only mention a Letter before Claim, not ignoring actual court papers?) and was it entered less than 30 days ago?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thanks Coupon-mad.
I received no reply to the SAR email I sent, although I have not chased this up and didn't send a letter as advised on the newbie thread.
I have just received the letter within the last 10 days about CCJ, unless I pay the fine - the CCJ isn't imminent yet as I have a chance to pay or respond.0 -
You will only get a CCJ if you lose at court and don't pay up within the given timescale. If you have received a LBC you will need to send a rebuttal letter. Does the LBC included a £60.00 charge for debt collection? They don't pay debt collectors unless they collect the debt.
When you receive a Money Claim Online from Northampton that is the stage at which the court becomes involved but you are still a long way from a CCJ. You do need to take some action at each stage now.
The mention of a CCJ is just a threat at this stage. This can only happen after a court hearing and if you lose and don't pay up within the timescales.
Nolite te bast--des carborundorum.0 -
!!!!!! is the title of this thread??
Are you Simon RS??0 -
I think that the letter must be from VCS or Excel as they have SRS's name at the bottom.
Nolite te bast--des carborundorum.0 -
Snakes_Belly wrote: »I think that the letter must be from VCS or Excel as they have SRS's name at the bottom.
I agree ..... but given the mentality of this ex clamper his name should only be used when his companies get whooped in court.
I guess once the IAS assessors are transferred to the local zoo, SRS will have to reflect the behaviour of his companies ????0 -
You have simply done as many others have done, ignored everything until you get court papers, but you have not got court papers, you have got threatening letters from a scammer about an unpaid invoice for alleged damages allegedly caused by an alleged breach of an alleged contract, a.k.a. a scam.
The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.
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 Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..
All five readings are available to watch on the internet, (some 7-8 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.You never know how far you can go until you go too far.0 -
Beamer, karma is a !!!!!. People will look back and wonder why they put up with these charges.
Nolite te bast--des carborundorum.0 -
If the scammers have not responded to your SAR within 30 days, remind them of their obligations.
If the fail to supply the informati0n then you should complain to the IO.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
So...you have no CCJ? You have a claim form signed by Simon R-S?
Then you simply do what the NEWBIES thread post #2 tells you to do with a claim.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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