Claim Form - Excel Parking Services

waamo

Tiko123 wrote: »

Hi all,

Thank you for your help to date.
Can you advise if you think my Claim is worth defending given the circumstances of the 'breach' please?

Thanks

Of course it's worth defending. Abuse of process is a likely defence.

The_Deep

Of course it is worth defending. If they are charging unlawful amounts they risk having the claim thrown out, what is the extra £30 for?

nosferatu1001

Have you acknowledged th claim?
Yes or NO
If No, then do that, first.. THEN we can discuss anything else.

Tiko123

Great thanks, acknowledging the claim now and I have started putting together a defence.
A friend of mine has the same Claim Form for the same car park, but her penalty is £185 - no explanation of the costs.

I will post a draft of my defence in the next few days. I would be grateful for any feedback.

waamo

Tiko123 wrote: »

Great thanks, acknowledging the claim now and I have started putting together a defence.
A friend of mine has the same Claim Form for the same car park, but her penalty is £185 - no explanation of the costs.

I will post a draft of my defence in the next few days. I would be grateful for any feedback.

There is no explanation of the costs because they make them up on the hoof

Redx

Tiko123 wrote: »

A friend of mine has the same Claim Form for the same car park, but her penalty is £185 - no explanation of the costs.

I doubt that there is any Penalty

There may be a claim , but the legal word penalty won't be there

Tiko123

Hi all,
After submitting my defence I have had no correspondence from the Court or Excel, until today, where I have received a letter from both Excel and the Court advising I now have a CCJ against me, as I failed to respond to the Claim Form.
I have logged into the Money Claim Portal and my Claim acknowledgement and defence are clear to see. However, there is time line suggesting they sent me a DQ (not sure what this is) and my defence was struck out and rejected. See below (might I add their spelling is terrible):

A claim was issued against you on 30/12/2019

Your acknowledgment of service was submitted on 16/01/2020 at 13:59:00

Your acknowledgment of service was received on 16/01/2020 at 16:05:15

Your defence was submitted on 04/02/2020 at 19:30:29

Your defence was received on 05/02/2020 at 08:05:16

DQ sent to you on 06/02/2020

DQ filed by claimant on 19/02/2020

General sanctions order was made on 03/03/2020

Defence was struck out on 31/03/2020

Your defence was rejected on 31/03/2020

A judgment was issued against you on 27/04/2020 at 19:12:45 

Please help - what are my options and next steps here? I have 10 days to pay or end up with a CCJ. No way of contacting the court at this time. I believe I should have received a letter after submitting my defence and then a questionnaire, with an option for mitigation or a date for court. I haven't received anything. How can this go from being rejected, with no court date to a CCJ. The CCJ says I failed to respond and this isn't the case!
Thanks!

KeithP

From that log, the CCBC sent you a Directions Questionnaire on 6th February giving you twenty-eight days to complete and return it.
Did you receive it?

If you didn't return it, the CCBC send you a reminder giving you another seven days to do so.

Have you ignored that stuff from the CCBC? Have you moved address and not told them?


My post of 14 January at 3:05PM did point out that you had the option of downloading a DQ from the internet.

Tiko123

I have never received the DQ or reminder from the court. Having spoken to the court the address on the Money Claim Portal they hold for me is incomplete, only a number and first line. There is no way any correspondence would have reached me. 
I was told to submit my defence and wait for further correspondence in writing, so stupidly I have not checked the portal. In January I had no idea what a DQ was and was certainly not at that stage in my claim.
My options are to email the court or ask for judgement to be set aside at a cost of £255, which I just don't have.
Are there any pointers you can give me in preparation for my email to the court please (other than the obvious that my address is not complete.
Thanks 

Le_Kirk

Amazing then that the original claim form arrived at your address even with an incomplete details.  If you can prove that the CCBC was at fault you might have some leverage there.