Elms Legal - Excel Parking - Chorlton (Lost)

Piffpop

Hi all, thank you for coming back. I am writing up my defence right now with a lot of help from other threads. I will admit, I'm not great at legal lingo and terms so may need help but I think I do have something that will help me.
I've noticed there is the added £60 from BWL which had carried through into the principal debt into Elms but they're now also adding a £50 fee, can I add these points to my defence?

D_P_Dance

Courts are struggling,  Read Fruitcake's post here

https://forums.moneysavingexpert.com/discussion/6117584/come-on-you-lot-grow-a-pair#latest

Write to your court asking them to suspend it because of ... whatever, copy to your MP..  Once this is over hopefully they may have gone bust.

Le_Kirk

Piffpop said:

Hi all, thank you for coming back. I am writing up my defence right now with a lot of help from other threads. I will admit, I'm not great at legal lingo and terms so may need help but I think I do have something that will help me.

I've noticed there is the added £60 from BWL which had carried through into the principal debt into Elms but they're now also adding a £50 fee, can I add these points to my defence?

Use THIS post for the latest template defence from Coupon-mad to be used in all cases where the PPC/solicitor are adding spurious amounts for "debt collection".  Note that the second post on that thread/discussion contains instructions for completing the AoS and submitting a defence written by KeithP.  Note that whilst the £60 is the spurious amount for debt collection, the £50 is allowed under the CPR.

Piffpop

D_P_Dance said:

Courts are struggling,  Read Fruitcake's post here

https://forums.moneysavingexpert.com/discussion/6117584/come-on-you-lot-grow-a-pair#latest

Write to your court asking them to suspend it because of ... whatever, copy to your MP..  Once this is over hopefully they may have gone bust.

I called the court rather than mail (I was still working at the time and working from home which my my hours were restricted), he was fairly dismissive when I queried world events and was firm that my defence has to be in by my given date.

KeithP

On 8th March, over three weeks ago, I asked:

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

Have you filed an Acknowledgment of Service? If so, when?
Your MCOL claim history will have the definitive answer.

I fear your due date for the filing of your Defence is very close.

Piffpop

KeithP said:

On 8th March, over three weeks ago, I asked:

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

Have you filed an Acknowledgment of Service? If so, when?
Your MCOL claim history will have the definitive answer.

I fear your due date for the filing of your Defence is very close.

HI Keith, it's next week, I've had to work from home since quarantine but now I'm on furlough, I have the time to do it properly. I'm nearly done and hope anyone can look at it, where is the best place to upload it? (I will remove personal data once complete) 

nosferatu1001

You wont be uploading anything
You have the template defence C-M posted, which ONLY requires paras 16 and 17 to be truly tailored to you, so show us only those buts. You cannot use any other defence. 

Piffpop

Just a quick note, thank you to everyone that's chipped in and especially during these times, I hope everyone stays safe and well

I did take some snippets off another defence who had valid points with ANPR but obviously if it's incorrect I will change.

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The vehicle entered the car park but did not park at --- Car Park, [address]. The images that show the time of entry and exit are taken from the --- Road entry only. However, the vehicle had exited shortly after entry at the alleged time of --- via the exit on --- Road. The vehicle then re-enters at the estimated time of --- on the --- Road entrance and leaves via the --- Road entrance. This would show that the ANPR cameras on the --- Road entry are unreliable as it fails to show images of entry and exit of the vehicle.

The allegation appears to be based on ANPR images showing the vehicle in question entering the --- Car Park but is not proof of the vehicle being parked within the car park. These ANPR images were also taken without any visible notices to the public that the images were being gathered, or for what purpose.

 At the material time, the Claimant operated strictly subject to the October 2014 British Parking Association ('BPA') CoP, which states:

“21.1 You may use ANPR camera technology to manage, control and enforce parking in private car parks, as long as you do this in a reasonable, consistent and transparent manner. Your signs at the car park must tell drivers that you are using this technology and what you will use the data captured by ANPR cameras for.”

The Defendant avers that the lack of any signage prior to entry to the car park setting out terms in a clear manner makes it impossible for any binding contract to be formed.

The Defendant asserts that there was no breach of terms and conditions displayed through signage as the vehicle vacated the property within the allowed 10 minutes entry and exit allowance.

The Defendant states that they were parked at an address of employment for the period of time that the Claimant states that Defendant is liable for.

--------------------------------------------------------------------------------------------------

nosferatu1001

Make it simpler. Just start by stating the cameras failed to record two SEPARATE VISITS. Keep it simple. THEN give the precise timings. Make it utterly obvious 

KeithP

OK, just one last time...

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

Have you filed an Acknowledgment of Service? If so, when?
Your MCOL claim history will have the definitive answer.