Excel parking

beagles2

I hope everyone can help me now i have had a court claim issued  against me on the 15th of October, i have completed the acknowledgment of service and so i believe that i need to submit my defence as per the template for additional £60 fee abuse of process . I am struggling with how to word the paras 2 and 3 to my case.  The driver recieved one of the myparkingcharge.co.uk notes on the windscreen, can i apply abductive reasoning and claim that this is a non compliant notice to driver?  Or is the consensus now that the window ticket cannot bring the pfoa into play (and make excels access to my data from the dvla within 8 days a data breach ). If i cant then my other line of defence is bw legal have applied a fictional £60 legal fees on all their documentation.  The firm acting for excel in the court case are elms legal (i presume bw legal has lost too many cases and have been replaced by elms) and on their letter they claim that the £60 is as per the terms and conditions for debt collection not legal costs.  Clearly showing that the £60 is nothing but double recovery.  How much more do i need to say or is a case of less is more here? 

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to cancellation.,

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers. On 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, and hopefully this will become law shortly

Redx

Post the issue date , plus post the AOS date , as shown on the CCBC website , by logging in and copy and paste

Excel do not normally comply with POFA

The windscreen notice is not deemed to be an official notice to driver

beagles2

Thanks, will writing to my MP now have any effect on the court case? Or can the case be dropped by the other side at any point. 
I will definitely write as what these companies do and their underhand tactics threatening a ccj on your file etc is abhorrent.  

Redx

beagles2 said:

Thanks, will writing to my MP now have any effect on the court case? Or can the case be dropped by the other side at any point. 
I will definitely write as what these companies do and their underhand tactics threatening a ccj on your file etc is abhorrent.  

It is unlikely to have any effect on the court case

The claimant can drop the case at any point

beagles2

Redx said:

Post the issue date , plus post the AOS date , as shown on the CCBC website , by logging in and copy and paste

Excel do not normally comply with POFA

The windscreen notice is not deemed to be an official notice to driver

The claim was issued 15/10/2020
Acknowledgment of service recieved 20/10/2020

If excel dont comply with the pofa which i dont think the NtK they sent does is that also a defence? 

KeithP

beagles2 said:

The claim was issued 15/10/2020
Acknowledgment of service recieved 20/10/2020  

With a Claim Issue Date of 15th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 17th November 2020 to file your Defence.

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

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

Don't miss the deadline for filing a Defence.

Snakes_Belly

What were the circumstances surrounding the so called transgression?

Ferrybird

If excel dont comply with the pofa which i dont think the NtK they sent does is that also a defence? 

If they don't comply with POFA it means that they cannot transfer liability on to the keeper, and therefore they should be pursuing the driver. However, usually they do not know who the driver is unless someone has owned up to it. POFA non-compliance is particularly helpful if you can prove that you were not the driver, and can form a strong part of your defence. NB Don't name the driver on here as the PPCs do read these threads. The onus is on them to prove on the balance of probabilities that you were the driver.

Your defence will also be about the other reasons you got a ticket e.g that they say you didn't pay but you did, you didn't pay as the signs were not clear, you parked without a permit but did not know you had to display etc

Redx

beagles2 said:

Redx said:

Post the issue date , plus post the AOS date , as shown on the CCBC website , by logging in and copy and paste

Excel do not normally comply with POFA

The windscreen notice is not deemed to be an official notice to driver

The claim was issued 15/10/2020
Acknowledgment of service recieved 20/10/2020

If excel dont comply with the pofa which i dont think the NtK they sent does is that also a defence? 

its a good defence if the keeper was not the driver

its much easier for Excel to infer that the keeper and the driver are the same person, so if asked in court if you were the driver, the answer or "no comment" could scupper your defence, because POFA does not assist a driver

sometimes a driver defence is better because they are a witness to the events on the day

its one or the other

Coupon-mad

Read the thread by @adambuzz14