Excel Parking Services have taken me to the small claims court

JonnyBravo10

Excel have taken me to the small claims court following rejection of my appeal and with both parties unable to agree a settlement at mediation. Please advise how I go about gathering a strong case in readiness for the hearing and what my chances are of a successful defence.

Fruitcake

Read the sticky thread for NEWBIES, especially the second post that has a guide to court written by bargepole. This is a step by step guide to the whole process from LBC to the court appearance.

Also read the template defence sticky thread written by Coupon-mad for all cases.

There is a template defence that you can use where you only need amend two paragraphs to suit your case.

Please tell us what happened when you complained to the landowner, where the alleged event took place, whether you have blabbed about the driver's identity or appealed as keeper, and how much is being claimed. I would be surprised if the scammers have not added on a fake £60 to the original charge. If that is the case then you also need to read the Abuse of Process thread written by beamerguy.

D_P_Dance

Is all the paperwork from excel?  How about the signs?  They sometimes think that they are VCS.

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Redx

If this went to mediation then you have already submitted the defence !!
In which case post your submitted defence below.
What was the issue date on the claim form ? Post it below as well

There is a template defence near the top of this forum for newbies who have not yet submitted a defence to the CCBC in Northampton

And email a SAR to the DPO at Excel to obtain all your data attaching a copy of the claim form as proof of I D under the GDPR law

Ralph-y

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https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585

Ralph

Coupon-mad

Tell us exactly what you put in the defence box when you got the claim.  The thing you are calling an appeal wasn't an appeal...it was your defence and was important because you can't add much at witness statement stage now (except abuse of process/breach of the CRA 2015 for trying to add £60 to the claim). 

So, word for word, what did you put when you opted to defend the claim?

And tell us you've read the second post of the NEWBIES thread and know now, what a WS looks like and what sort of evidence to file?

Le_Kirk

Coupon-mad said:

And tell us you've read the second post of the NEWBIES thread and know now, what a WS looks like and what sort of evidence to file?

That is the link that has just been posted by Ralph-y

JonnyBravo10

Thanks for all the comments guys, I've only just caught up on these. I'll take a look at the second post of newbies now then get back to you all

JonnyBravo10

I've just read some of the NEWBIES second post however there is so much info there it's slightly confusing. I've received a witness statement signed by a paralegal on behalf of Excel.

Excel claim that I breached the terms and conditions as a valid ticket was not clearly visible through the front windscreen.

My defence was that I did clearly display a valid ticket (I still have the ticket). My ticket had become lodged in the side panel of the front windscreen with the ticket details facing outwards. The parking attendant took a picture of the ticket however it seems they believe it was not clearly visible. 
I also completed form N9B to confirm the above.
I received a from to complete from the Litigation and Debt Dept connected to Excel with my financial details etc however I did not complete and return this.

I've not yet returned a witness statement to the court. This has to be returned by 25th June.

Redx

The above is a witness statement , not a defence

You were asked to post your actual defence , word for word , that you submitted to mcol months ago

You have come here asking about your defence , but it's already been submitted , you don't get more than one go , it's already been filed , so nobody can assist you with a defence , that ship sailed month's ago when you submitted it

JonnyBravo10

No I've still got the witness statement, I've not returned it yet and I have until 25th of June to do so.

I'm just asking for help here, not the kind of response you have provided, how is that helpful to me?
I was confused when first posting which is why I was maybe mixed up in relation to the defence and WS.