Excel parking

beagles2

Ok thanks for your help everyone.  So it looks like i prepare my defence as per the double recovery template.  Then at the WS stage i use adams court transcript for the pofa failings and my court papers BW legal debt recovery letters etc for the double recovery element?   

beagles2

Is this suitable for my defence?  the remainder of my defence is as per the october template defence.

The facts as known to the Defendant:

1.     It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. 

2.     I understand that the vehicle was displaying a ticket of the correct value.

3.     The defendant first received notification of this parking charge when a non compliant (to the requirements set out in the Protection of Freedoms Act 2012, Schedule 4)  Notice to Driver (abductive reasoning would suggest “If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck”), parking notice detailing a PCN serial number and website address was left on the vehicle, this notice is described by the claimant as Not a parking charge notice however it was placed in the drivers line of view and had to be removed by the driver to make the vehicle safe to travel, when the website was visited the only option was to pay a fine or appeal to the IPC.

4.     A Notice to keeper was received on the XX-Nov-2017 (6 days after the alleged contravention) this NtK is non-compliant (to the requirements set out in the Protection of Freedoms Act 2012, Schedule 4)

5.     The keeper of the vehicle filed an appeal on the xx-11-2017, this was rejected X days later

6.     A notice of intended court proceedings was received on the XX-XX-2018

7.     A threatening final notice was received from BW legal detailing a balance due comprising of £100 parking charge and an additional £60 legal fees, further in this document the £60 fee is detailed as debt recovery fees.

8.     Numerous phone messages were left on the defendants answer phone over a period of 12 months chasing alleged debt and threatening CCJ’s and 6 year credit reference damage.

9.     A letter before claim dated XX-XX-2020 was received from the claimants second legal firm ELMS Legal this details the principle debt allegedly being owed as being comprised of £100 parking charge and a debt collection charge of £60 

beagles2

Snakes_Belly said:

What were the circumstances surrounding the so called transgression?

sorry i forgot to reply to you, as i understand it the car park was very full and a row of cars were all parked outside of the lines.  the ticket is for not parking wholly within the lines

Snakes_Belly

beagles2 said:

Snakes_Belly said:

What were the circumstances surrounding the so called transgression?

sorry i forgot to reply to you, as i understand it the car park was very full and a row of cars were all parked outside of the lines.  the ticket is for not parking wholly within the lines

There are a number of cases that have been won when there has been a knock on effect which starts with one car parking badly and carries on down the line. Most recently a case at Fort Dunlop which was also an Excel Car park. Defendant won, Claimant was a no show and unreasonable behaviour costs were awarded.

beagles2

I have checked on google street view and the signage at the car park is awful, with a large grit bin right in front of the sign preventing you from getting close enough to read any of the terms and conditions.  I presume that i bring this in at the witness statement stage?

Umkomaas

beagles2 said:

I have checked on google street view and the signage at the car park is awful, with a large grit bin right in front of the sign preventing you from getting close enough to read any of the terms and conditions.  I presume that i bring this in at the witness statement stage?

Yes, any evidence is included at the WS stage (not the Defence stage). 

Coupon-mad

And include in your later exhibits, the Plain Language Commission (Martin Cutts) full article which exposed this exact style and font size/colour cluttered wording signage years ago as unacceptable (and a Judge agreed):

https://irp-cdn.multiscreensite.com/aaf9e928/files/uploaded/DVLA-BPA-Cutts12June2012_v2_mf.pdf

https://whatconsumer.co.uk/forum/threads/bbc-watchdog-excel-parking-services-ltd.19562/

beagles2

Coupon-mad said:

And include in your later exhibits, the Plain Language Commission (Martin Cutts) full article which exposed this exact style and font size/colour cluttered wording signage years ago as unacceptable (and a Judge agreed):

https://irp-cdn.multiscreensite.com/aaf9e928/files/uploaded/DVLA-BPA-Cutts12June2012_v2_mf.pdf

https://whatconsumer.co.uk/forum/threads/bbc-watchdog-excel-parking-services-ltd.19562/

Fantastic,  thank you for that, i am feeling a bit more confident now that i stand a good chance of defending this and knowing what im talking about which is great.  If you get 5 minutes could have a glance at my defence above and let me know if it seems suitable that would be much appreciated 

beagles2

Well i have submitted my defence via e-mail (so i hope its ok?), does anyone have any idea how long things are taking to get updated to your case file? 

Le_Kirk

Other posters are saying quite a few days but if you have proof of sending and you have received an auto receipt message, you have proof.