Defense to County Court Claim vs Excel Parking Services

GeordieMatty

Hi All,

Newbie here and I need advice.

My former employer used to hire office space from a local college. On my first day there I was issued with a 'visitor' pass by the caretaker, told to write my name and number plate on it and ignore the permit number, make sure it was displayed and I could park in any bay. Several months later I was issued with a PCN by Excel Parking Services which I appealed on the grounds that I'd displayed the permit issued to me by the car park owner and parked in a bay. After 3 months of 'consideration', my appeal was upheld and the ticket cancelled.

In the meantime however, I received debt collection letters for 2 other PCNs which I did not receive windscreen notification for (the college students have been know to remove them). I called Excel and was told that I'd missed the appeal date and that I'd shortly receive a county court claim which I have now done.

I've completed AOS online I now need advice on the wording of my defense and would be incredibly grateful for any offered.

Thanks so much in advance,

Matt

Ralph-y

" I appealed on the grounds that I'd displayed the permit issued to me by the car park owner and parked in a bay. After 3 months of 'consideration', my appeal was upheld and the ticket cancelled."


have you still got this ?


you need to read post#2 of the newbies thread ... re court action




https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou



Ralph:cool:

Le_Kirk

Try the NEWBIE sticky post #2, where you will find 17 pre-written defence examples. One factor of your defence will be promissory estoppel, so make sure you can get hold of the caretaker and have him/her write a witness statement for you. If he/she refuses just ask for a list of dates when they will not be available to appear in court as you will be calling them as a witness.

KeithP

What is the Issue Date on your County Court Claim Form?

GeordieMatty

19tn September. I AOSd on 27th?

KeithP

GeordieMatty wrote: »

19tn September. I AOSd on 27th?

With a Claim Issue Date of 19th September, and having done the Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 22nd October 2019 to file your Defence.

That's just one week away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could 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 "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep 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

Hi Matt, show us your defence draft based on those you have read on other Excel threads or other permit defence threads (any PPC).

There are loads already done and they can be found by searching the forum.

The_Deep

[FONT=Times New Roman, serif]Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies[/FONT]

GeordieMatty

I’m having a hard time navigating the forums to the defences that are relevant to me. If anyone has a link that’d be greatly appreciated!

waamo

KeithP gave one above. Point 8 of his post.

Umkomaas

GeordieMatty wrote: »

I’m having a hard time navigating the forums to the defences that are relevant to me. If anyone has a link that’d be greatly appreciated!

Are you working off a mobile phone? The forum is extremely difficult to navigate using one.