Court Claim Received from Excel Parking

markyvrs

Hello

Thank you for providing the very helpful newbie thread, and apologies if i've misread the instructions, but as i've received an official court claim, it was instructed to create a new thread.

Background of situation:

Basically, went to buy a BBQ in argos in July, and went to a neighbouring town that i barely frequent. I failed to notice any signs regarding parking, so after staying for approximately 25 minutes, i then received a Parking Charge Notice in the post as my car was picked up via ANPR. Several reminders and a letter before action was also sent. It has always been my policy to ignore these kinds of arbitrary demands for money, but obviously I can't ignore this.

I will shortly complete the Acknowledgement of Service and notify that I intend to fully defend, as advised, and will await to hear any advice on a possible defence (if any), or whether it is believed that I should simply take it on the chin and pay.

Here are the particulars of the claim as written:

"The Claim is for breach of contract for breaching the terms and conditions set on private land. The Defendant's vehicle, [REG NUMBER], was identified in the The Walk Car Park on 02/07/2019 in breach of the advertised terms and conditions; namely parked without payment of the parking tariff for the vehicle registration mark of the vehicle on site. At all material times the defendant was the registered keeper and/or driver. The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. The claimant seeks the recovery of the parking charge notice, contractual costs and interest."

Here is their breakdown of the claim:

Amount Claimed - £160
Court fee - £25.00
Legal representatives cost - £0.00

Total amount - £185

Thank you in advance for taking the time to look over this.

KeithP

Hello and welcome to the forum.

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

Do not complete the Acknowledgment of Service yet.

Redx

I see they have added on the fake £60 charge , see the abuse of process thread by beamerguy , post #14 by coupon mad

The signs would have said £100 , not £160

markyvrs

Issue date is 11/11/19

KeithP

markyvrs wrote: »

Issue date is 11/11/19

With a Claim Issue Date of 11th November, you have until Monday 2nd December to do the Acknowledgment of Service. If possible, do not do the AoS before 16th November, but otherwise there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 16th December 2019 to file your Defence.

That's over four weeks 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. No need to do anything on MCOL, but do check it 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. Just file it.
   
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.

markyvrs

Thank you Keith

Now all in need is a defence :rotfl:

Redx

markyvrs wrote: »

Thank you Keith

Now all in need is a defence :rotfl:

lol , that is your job to draft one after reading the 17 defences in the NEWBIES thread, plus other Excel court case threads, see what the common theme is , especially poor signage etc

this is the basis of your defence

most people can use bargepole's concise template defence from the NEWBIES thread, and add in a point or two about the facts of the case/contravention/why they are not liable.
And a point about no landowner authority as seen in other defences and add the
ABUSE OF PROCESS paragraphs by coupon-mad, and renumber all paragraphs.

post the draft below when you have drafted it, for critique

markyvrs

Fantastic. I shall get to work on this.

Coupon-mad

Read CEC16's thread first...

beamerguy

markyvrs wrote: »

Hello

The claimant seeks the recovery of the parking charge notice, contractual costs and interest."

Here is their breakdown of the claim:

Amount Claimed - £160
Court fee - £25.00
Legal representatives cost - £0.00

Total amount - £185

Thank you in advance for taking the time to look over this.

These old ex clamper boys are still scamming despite being told by the courts they cannot add on a fake amount of £60.

Contractual costs is the way EXCEL/VCS attempt to boost their profit.
But what is it ?? Is it that in the small print on the sign designed not be seen, they refer to this ? Are they managing a car park only and they have a contract with say the landowner to do so ?
It must be assumed that it is the landowner who is the contract holder and such costs should be applied by the landowner and NOT a parking company who are simply employed to manage

There is no contract unless it can be easily seen

The mates of EXCEL/VCS ... BWLEGAL, who it's fair to say got spanked many times acting for EXCEL/VCS and BWLegal received probably, a terminal spanking in the southampton court this week and NO, they cannot add the fake £60

EXCEL/VCS are heading down the same rocky road. Of course they may get a kick from being spanked

NOW READ ABOUT ABUSE OF PROCESS
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

Your defence has already been written about abuse of process by coupon-mad in post # 14 of the above thread, USE IT

markyvrs

Fantastic. I shall use this in my defence. Cheers