EXCEL PCN with a twist

Allygash

Thank you Coupon-mad,

Think I maybe past the appeal stage...They recently sent me the 'Letter before claim', so I'm looking for a more recent post on responding to that & reading through the various threads on it. If i ignore the letter before claim do 'we' just go to court?

Fruitcake

Allygash wrote: »

Thank you Coupon-mad,

Think I maybe past the appeal stage...They recently sent me the 'Letter before claim', so I'm looking for a more recent post on responding to that & reading through the various threads on it. If i ignore the letter before claim do 'we' just go to court?

If you ignore the LBC you will get a LoC.
The guide to court written by bargepole that you will find in post 2 of the NEWBIES will explain the process.

Allygash

thx Fruitcake

Allygash

Hi Guys, 
Is there anyway to do an abbreviated defence submission, I have to submit my defence by 4pm on Monday? Thank you Excell parking...I'm a healthcare professional hence the reason I haven't had the time to do a defence in the past 2 weeks. I have lots of info & cases to quote but there is no way I have the time do a proper job between now & Monday pm with what is going on out there in the UK. I just don't want to not defend it and let Excell win... I have numerous defences from the lateness of their NTH to me(Hire van), £160+ gratuitous charge & the fact the car park fee was actually paid via contact cashless app and I have proof of payment to Excell via bank statement.... sigh. Thank you for any advice in advance & I'll try & check back here as and when I can.

Le_Kirk

Yes you can use the new template defence crafted by Coupon-mad.  It can be used almost in it's entirety with only minimal editing.  Read and follow the instructions carefully and add your own particular circumstances into the paragraphs as indicated by C-m, who says that you should be able to modify it and submit it within half an hour.  Given the job you are doing and the lack of time you have, here is a link to the post: -
https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

KeithP

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

Have you filed an Acknowledgment of Service? If so, when?

Allygash

CCCF issue date 19th Feb, AOS done 25/02/20 

KeithP

Allygash said:

CCCF issue date 19th Feb, AOS done 25/02/20 

With a Claim Issue Date of 19th February, and having filed an Acknowledgment of Service in a timely manner, you are right, you have until 4pm on Monday 23rd March 2020 to file your Defence.

Just a few days to go.

To file a Defence, follow the guidance in this post:

https://forums.moneysavingexpert.com/discussion/comment/76880595#Comment_76880595

As Le_Kirk says, guidance on creating a Defence is also in that thread - in the first post on that thread.

Don't miss the deadline for filing a Defence.

Allygash

Quick question please, I got the template & editing to suit thank you. How do I mention the fact that the parking fee was actually paid using 'cashless contact' app but for some reason picked persons(driver) other private car reg despite entering hire van reg. Company account clearly shows correct fee paid to Excell parking. Sorry but time is precious at moment,

Le_Kirk

Just put it in one of the paragraphs (maybe just after the particulars of claim where it states no payment was made) using words like "the defendant paid using cashless contact app but the app failed, this is frustration of contract due to the PPCs  claimant's own equipment failure" and leave the details for the witness statement and evidence stage.