Excel Parking Services Ltd County Court Letter - Defence

DoaM

Coupon-mad said:

OK, haha, they've failed to quantify the sum claimed in the Particulars of claim on the left!  How can anyone know it's £70?!

Add another point near the start:

The stylised template Particulars of Claim are incoherent and fail to state how much the parking charge on the signs even was.  The parking charge was not the £130 listed in the tabular presentation of the claim on the right of the N1 form.  At no point has the Claimant broken down the quantum, yet this is a moneyclaim.  No sum of money is mentioned (at all) in their Particulars, contrary to CPR 16, and in view of this and the template witness statement of prolix this Claimant is likely to plaster over this omission, the court is invited to strike this claim out.

prolix?

nosferatu1001

Basically, far too damned long and doesnt actually address the matters of note. 

Coupon-mad

To the OP - please now make a real difference - A TASK FOR SEPTEMBER.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

painbl

Afternoon all. Just received a call from the Judge at the County Court. She said she tried to call the claimant 3 times with no response, so has ruled to strike out the case. Although she said that if the claimant has valid reasons as to why the the calls could not be answered then the claimant could bring the case back before the court. Have to admit, it feels like half a victory at the moment!

Just to add, the judge was very friendly and positively commented on the effort and preparation that had gone into my defence, witness statement etc. I definitely can't take much credit for it, big thank you to those that gave up the time to help me!

Coupon-mad

Oooh, hope it's not too premature to say ANOTHER EXCEL ONE BITES THE DUST!

Glad we helped.  Please help us and the British public/your friends and family to stop them being similarly scammed and sued.  Can't recall if you've completed this but you have to comment on each and every section, and of course family members need to do it too:

Get ANGRY and GET EVEN about this scam! 

Please now make a real difference because not enough people have:

A TASK FOR SEPTEMBER:

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters and MUST GO.  Remove that layer and you remove the ‘drivers’ behind the race to court.

HOW TO DO THE SUBMISSIONS:

Responses into the PAS 232 and MHCLG framework documents are not completely straightforward:

On the MHCLG response, you have to answer the questions on a 1-5 scale from strongly agree to strongly disagree, and then put some commentary. No way to upload documents or alternatives.

 

On the PAS 232, you have to click on each clause and sub-clause to put your comments, and a suggested rewording of their draft.  You can see comments which other people have written! 

 

But, when you click ‘submit’, a message pops up to say your comments have been received, but that only applies to the particular clause you have just addressed.

 

You have to click ‘submit’ separately for each individual clause response.

 

Some people will be caught out by this but can revisit it and add further responses up to 12 October.

 

 

painbl

I'll definitely get it done Coupon-Mad. These cowboys shouldn't be able to get away with it!

Coupon-mad

We are all trying hard in our own ways but the more responses from victims, the better.  Do follow the guidance above to make sure that you comment on every section of both consultations.  A bit cumbersome but worth it.

chanz4

One thing to always check as well, if their is a right away to access another property through the land as you can then flip it and they are unable to prove exactly where you stayed

bustaboy

I found this post, because I have had similar. I was done fir not parking within a single marked  bay.. This car parked is not kept and even though there are clear disabled parking bays. for all other drivers the a little white corner bits to determine  parking space. I was in a bay I thought adjacent to car next to me and behind a car in front of me however the little white corner makings was I guess the end of the row... It was not clear at all.. I have appealed, this had been denied... My gut says go all the way , my head say just pay it. 

bustaboy

It is actually in the same car park. Swansea Waterfront. Excel parking