Excel Parking Claim Form - Defence for Review

Umkomaas

It will be interesting to learn how Warwick CC handle your case, given their previous unceremonious chucking of a £60 add on claim under a bus.

Fiortdunlop2020

have received a second claim issued from Excel for another incident car identically parked on line at end of a bay (same car park & space) but one month later. This was basically a work carpark where I was paying £10 per day to park. I was unaware of first PCN as nothing issued on windscreen and a Privacy notice was only issued on windscreen for second incident and paperwork crossed.

Interestingly on letter before claim for this incident the reason is 24) NOT PARKED WHOLLY WITHIN THE MARKINGS OF A DESIGNATED PARKING BAY, whilst on first incident Claim Form reason was 81) PARKED IN A RESTRICTED /PROHIBITED AREA.

In addition for this claim Excel have now appointed legal representation DCB Legal ltd.
Amounted claimed this time is £167.83, Court Fee £25.00, Solicitor Costs £50.00, Total Amount £242.83
Whilst first claim amount claimed £160.00, Court Fee £25.00 Total Amount £185.00
Have submitted the AOS the claim date was 2nd June. Was intending to file defence inline with first claim on basis of abuse of process.
With this incident I did file an appeal but they dismissed.
Appreciate help.
Many Thanks 

KeithP

Fiortdunlop2020 said:

Have submitted the AOS the claim date was 2nd June.

On what date did you file the Acknowledgment of Service?
Your MCOL claim history will have the definitive answer.

Redx

Search the forum on consolidation of claims , read the advice

Coupon-mad

Warwick...brilliant!

Your second defence needs to include the words about 'cause of action estoppel' as discussed last month on several threads.  In simple terms, they can't advance the same issue, split across two claims.

Fiortdunlop2020

Morning All
@KeithP i filed the AOS yesterday 10th June and claim issued 2nd June.
@Redx & Coupon-mad thanks I will review the threads. 

KeithP

Fiortdunlop2020 said:

I filed the AOS yesterday 10th June and claim issued 2nd June.

With a Claim Issue Date of 2nd June, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 6th July 2020 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create and file a Defence, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Fiortdunlop2020

Thanks KeithP, I won't.
Having looked at latest threads I interpret it I should also send a letter Abuse of Process letter to DCB Legal ltd (not excel) and in addition report to SRA.

Coupon-mad

Only report DCBLegal to the SRA if there is reason.  Not for acting on instructions of a claimant.

Fiortdunlop2020

Hi so on first claim i have received Notice of Allocation to Small Claims Track