How do I challenge an Excel Parking fine?

Coupon-mad

 I have selected my local Court in section D1 but is it not a bit premature and presumptuous that I can send it to them at this stage?

Not at all - this is your only chance to tell the CCBC where to send the file to, and you get to choose that court!

cruise2809

Filled in my DQ but as I was away, I never sent it off but returned and received a Notice of Proposed Allocation to the Small Claims Track and a DQ in the post (as the NEWBIE thread said I would) but they have filled out the "In the" box with Northampton CCBC. Should I just accept that or challenge with my local choice?

Le_Kirk

Are you sure that is yours and not the DQ from the claimant?  Also the CCBC is just a processing centre not a county/local court.

cruise2809

Hi Le_Kirk,
Sorry, just assumed that there was only one DQ. Shall I just proceed and post as initially planned then?

Le_Kirk

Can you send it by e-mail as per the instructions in the NEWBIE sticky.  It goes to the same address that you sent your defence

cruise2809

Looking at it, this appears to be the DQ from the Claimant but it requires me to fill it in again?
Sorry but a little confused by this now. Do I have to fill in 2 separate DQs then? Just presumed I filled in one for myself.

Le_Kirk

You only complete ONE DQ but the claimant is required to send a copy of their DQ to you, just as you are required to send them a copy of yours.  You do not complete their DQ (even if that were possible) and, if you have already sent one to CCBC (and claimant), you are done.

Snakes_Belly

This sounds like a claim without any merit whatsoever. Take a look at Keep Calm and Carry On's second case against this company. She has had PCN's from Excel and VCS (both owned by the same directors).

She won both cases and the second case was similar to yours in that it had no merit whatsoever. Neither case did really but in the second case she was not actually parked on their car park. In the second case she received extra costs. 

cruise2809

Completed the DQ, sent to both Excel Parking and Northampton address as the letter requested. In addition, I have emailed it over to the CCBC as previously used for the Defence. Now it seems I sit and wait, ready to complete WS. My MP has not heard back from her letter which I guess is no great surprise.
Thanks for the help Le_Kirk and the info shared Snakes_Belly - extra costs would be nice as this is a real drain on time!!

Snakes_Belly

https://forums.moneysavingexpert.com/discussion/6021367/vcs-small-claims-court-parking-in-a-restricted-area/p8

Above are details of keep calm and carry on's second case. She won the first however in this one  she was awarded £511 costs some of which were for unreasonable behaviour by the Claimant, VCS which is owned by the same directors.

This claim by VCS was without merit. I am not legally trained however I have some understanding of how these two companies operate. They are trying this on.

IMHO I think you have a case for unreasonable behaviour by the Claimant.  I would be interested to hear what others think. You bought a ticket in good faith and displayed it on your windscreen. It is not your fault that whilst your car was parked the weather became inclement and covered part of your windscreen. You cannot control the weather.