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Defending a claim from excel
Comments
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Yes it is a Claim Form signed by Simon R-S. Sorry for the confusion here!
I have sent another SAR, this time directly to the DPO as the last one was to another Excel Parking email.
I have also registered on MCOL.
I believe the the next step is my draft defence so I will go through some previous threads and post it here.0 -
I have been charged £60 for debt collection, although the LBC does not break the fine down and state this.
The initial letter from Excel stated £100. The next letter from DRP debt recovery stated £160.0 -
I have also registered on MCOL.
I believe the the next step is my draft defence so I will go through some previous threads and post it here.
This is the same as every defence thread you care to read and you can copy one, the £60 is dealt with on every claim/defence thread so no need for us to advise about it:I have been charged £60 for debt collection, although the LBC does not break the fine down and state this.
The initial letter from Excel stated £100. The next letter from DRP debt recovery stated £160.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 -
What is the Issue Date on your Claim Form?
Did it come from the County Court Business Centre in Northampton, or from somewhere else?0 -
The issue date on the claim form is 8th Feb 2019
I have not completed the AOS yet - my sticking point is whether to defend all or part of this claim. I am the keeper of the vehicle, but with no response to my SAR request I have no idea what evidence there is to confirm whether I was driving or not (until I am back home in 4 weeks time and can check correspondence). I am clear on defending the £60 debt collection charge though.
Thank you for all your help so far. I can only apologise for my pedestrian grasp of the process, despite studying the newbies thread. You enlightened individuals really are a thorn in the side of these scammers.0 -
Excel did not put the £60.00 debt collector's fee in the breakdown on my LBC. It was included in the wording so read the LBC again and you might find that it specifically says includes a debt collection fee of £60.00. I am assuming that they have used DRP and Zenith. They will also be charging interest on the £60.00 that they have not paid out in the first place. The interest rate is way over base rate but that is set.
IMO trying to inflate the claim with amounts that have not been paid out by the Claimant and then charging interest on it is dishonest and amounts to unreasonable behaviour.
Nolite te bast--des carborundorum.0 -
Get an acknowledgement in. Without that there is a risk you get a default judgment.
If you elect to defend all of the claim, no one is going to be upset if your defence later admits part of it and you choose to defend just the level of charge.
The claimant should provide further details upon request as part of the pre action process. Failure to do so when reasonably requested may in itself be a reason for the court to refuse them recovery of legal/Court costs.
It'd be helpful for you to revisit the site to see what the signs actually say (and whether visible at night). Clearly, "I thought I wouldn't have to pay at that time of night" probably won't cut it as a defence.0 -
There is often a large amount of information in Excel's signs in very small font. Not all signs make the driver aware that the car park is a pay and display. See the video below. Excel is now a IPC approved operator.
https://www.youtube.com/watch?v=OBV5tlCsaFI
Nolite te bast--des carborundorum.0 -
You enlightened individuals really are a thorn in the side of these scammers.
And when the new government code of practice and the new independent assessors come on stream, we will be much more than a thorn in their sides.
Right now EXCEL are scamming you with the £60, an extortion trick they picked up from the dodgy legals they used to use.
This first point to the judge is to make him/her aware0 -
The defendant should provide further details upon request as part of the pre action process. Failure to do so when reasonably requested may in itself be a reason for the court to refuse them recovery of legal/Court costs.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0
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