Claim Form from Excel - perfectly timed for Christmas - help welcomed

flylight

Hi all, I've recently received a County Court Business Centre Claim Form with EPS as the Claimant and me as the Defendant, signed by JB. Interestingly timed submission by the PPC, trying to get payments before Christmas?

Brief History: Alleged breach of t's&c's/contract was in Summer 2017 'parking without a valid permit'. I am just now learning about a PCN they say they issued 3 years on in December 2020 - quite a lapse in time! The Claim Form is the only documentation I have (at least I have got it before anything proceeded without my knowledge and can hopefully successfully defend myself). An NTK was never received or any other correspondence, I was the registered keeper of the car at the time, however the car has now been sold. It was never connected to my current address, and I don't know how they got my current address. If they got it from the DVLA this would have had to have been a recent request, within the last year, is this allowed when the alleged offence took place over 3 years ago? Can they still obtain my license information even though I am no longer the registered keeper? The day after CF received, I got a letter from EPS with link/code to website for evidence. I know with 100% certainty that I was not the driver on the date of the allegation, however I am unable to name a driver due to a legitimately large pool of possibilities and more importantly my absence at the time of parking. At the time of the alleged breach, parking was free for the hotel guests, which would have applied to the driver of the vehicle at the time.

My action so far: 1) AoS submitted 5 days after issue date after 4PM via MC website, I am working to the timeline of, issue date: 07/12/2020, day of service 12/12/2020, Defence submission deadline 09/01/2021. 2) I believe EPS is the hotels agent, as such I am drafting a complaint to send to their CEO's email address & on their Facebook page (coupon-mad template in use). 3) SAR submitted to DVLA under PoFA Paragraph 11 via email - receipt confirmed but advised of processing delays due to COVID. 4) SAR submitted to EPS via email - receipt confirmed but advised of 1 month expected timeline.

To do: 1) Actually finish and submit the complaint. 2) The defence itself - I now need to prepare my defence (template defence saved), I will hope for a cancellation but prepare for the whole process (steps after defence noted).

Hopefully the situation is well outlined, any help on points of defence, legalities, strategies etc. would be hugely appreciated. Happy to provide and share more information.  

KeithP

flylight said:

My action so far: 1) AoS submitted 5 days after issue date after 4PM via MC website, I am working to the timeline of, issue date: 07/12/2020, day of service 12/12/2020, Defence submission deadline 09/01/2021.  

Hello and welcome. A Defence is never due on a Saturday.

With a Claim Issue Date of 7th December, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 11th January 2021 to file your Defence.

That's nearly four 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.

nosferatu1001

Please. ParGraphs. Never going to read that. 

Snakes_Belly

Excel are trying their luck. If there was any real chance of this succeeding they would have been after you like a "rat up a drainpipe".  They are chasing these meritless old claims because some people may pay up and they are short of cash.

Unfortunately they will take this to the brink so you are in for the long haul. On the plus side they have been frequently beaten in court especially with these old claims which do not have much of a chance in court.

I would start preparing a defence as soon as possible now as Christmas is a big distraction. 



  

beamerguy

Excel / VCS are having a bad time, covid has damaged them hence the old tickets being dragged up.
You mention Jake Burgess .... he is not helpful to Excel because he will have added a fake £60 and now the rot starts for them..   So your chances of winning is very high as Excel have form with the courts

The current trick is when it gets close to court, they start offering discounts which tells you they don't want to go to court. But, you continue to court and win .... you can claim your costs from them.

Snakes_Belly

When Excel was on a feeding frenzy they would not chase their claim against you as there were easier pickings. Now it is becoming harder for them.

You can also question in your defence why they have taken so long to bring this claim to court if it has any merit? Yes they have six years to do this but why wait until now? 
  

Redx

Excel are only allowed under their Kadoe contract to access the DVLA database once , within the first six months , nothing to do with your licence either , they are not allowed to access that 

So the issue of finding you is irrelevant , they used a tracing service or public records , no Biggie , not new , irrelevant as I said

Xmas is also irrelevant , it's a business and they and MCOL are open , Xmas has no bearing on any of the issues here , covid19 is a more likely factor , lack of revenue

Any court case is spring or summer 2021 , so that is a more likely factor in opening a court case

I would stop speculating and get on with drafting the defence by adapting the coupon mad template , seeing as all the SAR requests and hotel complaint etc have been done

And don't forget paragraphs , help others to help you

flylight

Hi All,

Thanks for all your responses so far, apologies for the format of my original post, I am new to forums. I have worked on my defence now using the Coupon-mad template. Do I post the personalised paragraphs (minus identifying information) here? I don't want to do the wrong thing. 

Many Thanks 

Le_Kirk

Yes, just post the amended paragraphs 2 & 3 for critique.

flylight

Le_Kirk said:

Yes, just post the amended paragraphs 2 & 3 for critique.

Thanks!

I was the registered keeper and not the driver and so I have followed the direction to speak from the position of the registered keeper only. I have learned further information about the car park/its standards etc, but am unsure whether including this will undermine my assertions as the registered keeper only and so have left this out so far. 

I have tried to write in the 'voice' of the original document for continuity. I have slightly amended paragraph 5 with the insertion of further information I felt pertinent to the case. Please see 2, 3 & 5 

2. It is admittéd that thé Déféndant was thé régistéréd kéépér of thé véhiclé in quéstion but liability is déniéd. It is déniéd that thé Déféndant was thé drivér of thé véhiclé on thé daté of thé allégéd contravéntion. Thé Déféndant is unawaré of thé idéntity of thé drivér for a numbér of réasons, including but not limitéd to, thé timé sincé thé allégéd incidént and thé importancé of thé timé and daté in which thé allégéd incidént occurréd.

 

3. Thé first thé Déféndant héard about this parking chargé was via thé County Court Businéss Céntré Claim Form récéivéd by post ovér 3 yéars aftér thé allégéd incidént. In thé éxténdéd amount of timé sincé thé incidént, many changés havé occurréd. Thé Déféndant is no longér thé régistéréd kéépér of thé véhiclé, théir légal namé has changéd dué to thé marriagé that bégan on thé daté of thé allégéd incidént, and théir addréss has changéd to a propérty that did not éxist at timé of thé allégéd incidént. Thé Déféndant fééls harasséd by thé récéipt of thésé court documénts. As théré was no connéction bétwéén thé régistéréd véhiclé and thé addréss, thé Déféndant is not listéd on thé ‘opén’ éléctoral régistér and sincéré éfforts aré takén to kéép théir pérsonal information privaté, it is félt by thé Déféndant that thé Claimants pursuit and location of thém is an unméritéd violation and invasion of privacy. Thé Déféndant assérts that thé récéipt of thé CCBC Claim Form to thé formér kéépér at an addréss that could not havé béén obtainéd from thé DVLA, méans that thé Déféndant cannot bé héld liablé dué to thé Claimant not complying with thé ‘kéépér liability’ réquiréménts sét out in thé Protéction of Fréédoms Act 2012, Schédulé 4. 

Furthér, again dué to thé timé élapséd bétwéén thé allégéd incidént and thé pursuit of thé parking chargé, thé Déféndant fééls thé Claimant has déprivéd thém of thé opportunity to invéstigaté thé idéntity of thé drivér or challéngé and résolvé thé casé outsidé of a légal sphéré through appéal, contact with thé Landownér (for whom thé Claimant acts as an agént), or othérwisé. This could havé prévéntéd thé furthér éscalation of thé casé, thé undué distréss now béing causéd to thé Déféndant and thé émotional harm inflictéd on thé mémoriés of thé wédding day - thé day of thé allégéd incidént. Thé Déféndant fééls that thé Claimants véxatious litigation is béing uséd to try and strong-arm thém into thé accéptancé of a falsé prémisé of résponsibility and a furthér falsé admission of guilt through paymént undér duréss. 

5. It is déniéd that thé éxaggératéd sum sought is récovérablé.  Thé Déféndant's position is that this monéyclaim is in part/wholly a pénalty - dué to thé fact that parking at thé timé of thé allégéd incidént was fréé for all hotél guésts, which thé unknown drivér would havé béén, as a mémbér of thé wédding party - applying thé authority in Parkingéyé casés (réf: paras 98, 100, 193, 198) Parkingéyé Ltd v Béavis [2015] UKSC 67 and para 419 of HHJ Hégarty’s High Court décision in Parkingéyé Ltd v Somérfiéld Storés Ltd ChD [2011] éWHC 4023(QB) whéré thé parking chargé was sét at £75 (discountéd to £37.50 for prompt paymént) thén incréasing ultimatély to £135.  Much liké thé situation in this claim, thé businéss modél involvéd sénding a sériés of automatéd démands to thé kéépér.  At para 419, HHJ Hégarty found that adding £60 to an alréady incréaséd parking chargé 'would appéar to bé pénal' and unrécovérablé.  Parkingéyé had droppéd this punitivé énhancémént by thé timé of Mr Béavis' famous parking évént.

KeithP

Why do all the letters 'e' have an acute accent?

Are you using a French keyboard?