Defending a claim from excel

Snakes_Belly

What is the signage like at the front of the car park? This is where Excel will say that the contract is formed.

[Deleted User]

@Umkomaas

It's tricky when I'm so used to bringing claims....

I'm grateful that fighting parking tickets isn't my "home turf" but nonetheless am grateful to you for pointing out the error (now edited in the original)!

KeithP

ippikin wrote: »

The issue date on the claim form is 8th Feb 2019

With a Claim Issue Date of 8th February, you have until Wednesday 27th February to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you have until 4pm on Wednesday 13th March 2019 to file your Defence.

That's over three weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Coupon-mad

I have not completed the AOS yet - my sticking point is whether to defend all or part of this claim.

There is no dilemma; you defend the whole claim, so do that AOS. Your main point is likely to be unlit signs, so that no terms were seen at all.

You do know that the likes of Excel do not have 'officers'?

ippikin

I have received an acknowledgement from Excel's DPO in regard to my SAR.
Unfortunately I used my name and address, and they need my vehicle registration number and charge notice number.
I have replied with my vehicle registration number on multiple occasions but have yet to receive a reply. At least there is an email trail now showing they have failed to send the relevant information.

I have drafted my defence and will post it here in due course.

In a hurry I chose to defend part of the claim however - with no SAR response I don't have an idea of the evidence against me. So I will be challenging the inflated 'debt collection costs'. Is there still any scope to defend the whole claim?

Thank you all in advance

Redx

even though you have no idea what their claim is, you still defend against ALL of it, by putting down the fact that their POC is sparse and that they have failed to let you know under the PaP rules as well as the POC what this claim is all about and what the alleged breach was

dont just leave stuff out because you dont know, make them prove it , make them have to provide better particulars and the proof of their case, their paperwork, their contract, all of it


there are plenty of people on here with sparse POC that have added these sections into their defence, to cover all bases, read a few


and keep at them with the SAR, in writing , to get a PAPER trail for the ICO complaint about then obfuscating (a GDPR breach)

Le_Kirk

ippikin wrote: »

I have received an acknowledgement from Excel's DPO in regard to my SAR.
Unfortunately I used my name and address, and they need my vehicle registration number and charge notice number.
I have replied with my vehicle registration number on multiple occasions but have yet to receive a reply. At least there is an email trail now showing they have failed to send the relevant information.

How long ago did you resubmit your SAR? They have 30 days to reply. Always worth sending a scan of your V5C, then there is no excuse for them to delay.

ippikin

I must apologise to all of you in advance - I missed the date to submit my defence. This was the last thing on my mind between various North American airports over the last month.
In retrospect - I never did receive the SAR as requested and would have found it hard to defend the whole claim.
So I suppose my question now is, pay the whole fee now, or wait for imminent judgement against me?

If anything does come of this, I have recieved two other 'fines' from other cowboy companies, and will not be making the same mistake.

Computersaysno

SUbmit your defence anyway...the scumco needs to actually apply for judgement in default and they may not have done so.