Letter Before Claim - received from Excel Parking

3383

bumped - to try and get a bit of feedback/advice

Coupon-mad

Can you add more in 10, moving the abuse of process of the fake added £60 to (c) and making 10 (b) a line about no landowner authority?

Also I would include more about this, that I advised saying before, and you can say there ARE notes that prove the employee saw the permit all along before issuing the PCN:

you are concerned as to how and why the permit actually fell, and when, and as these employees wear body-worn cameras you require the footage within the exhibits disclosed by Excel, and in addition (whether there is video footage or not in this case) there must be records of the notes from that employee which will support the fact they saw the permit in situ and before the PCN was issued.  

And re the stuff about the abuse of process, add in the details of lamilad's success at Skipton last month, because it was against EXCEL, in a carbon copy application hearing with another barrister, who lost just like the barrister did at Southampton.  i.e. this Claimant cannot be heard to say that they are unaware that they cannot add £60 to their parking claims because this has been tested in court and persisting at other courts is an abuse in itself, as a form of 'forum shopping' to find the weaker Judge/Courts who have not heard about the Southampton & Skipton cases yet and are not yet considering the Consumer Rights Act 2015 Sch2 in these cases, as the duty at s71 of that Act says they must.  

Attach a copy of Sch2 of the CRA if that's not yet one of your exhibits, or just take a few copies with you on the day because you do not actually have to file & serve primary law in advance and can hit them with it on the day (unusually).

3383

Coupon-mad. i really appreciate you help so far. I have made amendments made from  section 4 onwards. I have taken some parts out as i felt i was duplicating myself.

4. I saw out the window the Car Parking Employee lurking over my car. Upon seeing this I went out to find out why; and realised they were issuing a Parking Charge Notice (PCN). Upon getting to my vehicle I released that my permit was not on my dashboard, where it normally is. Upon realising this I opened my car door to see that the permit was on the floor of my car, and I was concerned as to how it actually fell and when. As these employees wear body-worn cameras I request the footage within the exhibits disclosed by the Claimant.

5. Upon retrieving the permit from the vehicle I went on to show and explain to the employee that I had a valid parking permit. There are notes on the PCN that prove the employee saw the permit before issuing the PCN.  They carried on issuing the PCN to completion. This could have been quashed there and then. This would have saved myself, and the court a lot of time and effort.

6. I followed this up with an appeal. I completed this following the Claimants appeals process on XXXXX with evidence of the permit attached and explained that the permit must have dropped to the floor of the car. (MG/002)

7. I resent a copy of the permit again on XXXXX (MG/003)

8. I contacted the Claimant on XXXXX requesting details of the landowner, a copy of the contract with the landowner and various other requests so that I could find out what jurisdiction the Claimant had over the land. Also, in the hope I could inform the landowner of the situation to try and get the PCN cancelled. None of which were ever received (MG/004)

9. After receiving many threatening letters from various debt collection agencies. I stopped receiving anything for over 3 months and presumed the matter had been closed. Almost a year after the incident I received a letter claiming I had ignored all correspondence from the Claimant. I replied on XXXXX refuting that I had not appealed within the required 28days and requested the case to be closed. (MG/005)

10. No further contact was made or received from the Claimant until I received the Letter Before Claim on XXXXX.

11. It is my intention to challenge this claim for payment under the following grounds and in no particular order

a) I was in possession on a valid permit and that it had merely fallen from the car dashboard, something of which is out of my control.

b) No landowner authority – No signatories of the landowner/landholder have been provided at all, therefore there is no proof that a contract actually exists between the two parties.

c) Costs on the claim - disproportionate and disingenuous. It is settled law from the Supreme Court, that a parking charge must be set at a level which includes recovery of the costs of operating a scheme. However, this Claimant is claiming a global sum of £160. This figure is a penalty, far exceeding the £85 parking charge in theParkingEye Ltd v Beaviscase.

A recent case at against the Claimant (Excel Parking Services Limited) in February 2020 – Judge Wright at Skipton County Court found in favour of the defendant. Stating the additional charge was not recoverable under the Protections of Freedom Act 2012 Schedule 4 (MG/006) and a similar Order from Deputy District Judge Josephs, sitting at Warwick County Court (MG/007)

d) I deny that the Claimant is entitled to relief in the sum claimed, or at all. It is denied that I entered into any contractual agreement, whether express, implied, or by conduct, to pay a ‘parking charge’ to the Claimant.

 

12 In the Matter of Costs. I seek:

(a)   standard witness costs for attendance at Court, pursuant to CPR 27.14, and

(b)   the Court to reserve, assess and award the Defendant’s Summary Costs Assessment filed with this witness statement in anticipation of a typical late Notice of Discontinuance (‘NoD’) from this Claimant (‘NoD’) from this Claimant.

.

3383

Anyone able to cast an eye over this please

Coupon-mad

Looks good - maybe expand this as shown:

a) I was in possession on a valid permit and that it had merely fallen from the car dashboard, something of which is out of my control.  There was no breach of any 'relevant obligation' or 'relevant contract' on my part, and no legitimate interest exists that could in any way assist the Claimant to support their meritless claim.

D_P_Dance

I doubt if there is any hurry, read this

https://www.gov.uk/guidance/coronavirus-covid-19-courts-and-tribunals-planning-and-preparation