Excel Parking Charge Notice (Iceland)

SayNoToPCN

resdpond back, pointing out that POFDA DEIFNES "gfiven" as meaning when the document is served
The operator is l;ying, this has been known about for 8 years now.

JimmyNeedsHelp

I have responded in the following terms:

Dear Sirs

I am genuinely startled by the response from the parking operator.  Not once have I mentioned the Civil Procedure Rules.  The Notice doesn't comply with the Protections of Freedoms Act 2012 for the reasons previously set out (see submission of 7 April 2021).  The only conflation has been provided by the parking operator.

In any event, please note the response at point 1 above, copied here for ease of reference:  "We apologise for the clerical error and can confirm we are holding the motorist liable as keeper of the vehicle."   They cannot now decide to ride another horse in this application to the arbitrator.  In written correspondence I have been told I was not being held liable as Keeper.  Now I am told I am being held liable as Keeper.  The arbitrator is being asked to rule on an issue that was not an issue between the parties until this matter proceeded to arbitration.  Given the circumstances, the arbitrator should consider themselves functus officio. 

Coupon-mad

Nice; I think the IAS might like that.

  In written correspondence I have been told I was not being held liable as Keeper.

Is that written correspondence in the IAS evidence from you or Excel?

Le_Kirk

JimmyNeedsHelp said:

 Given the circumstances, the arbitrator should consider themselves functus officio. 

......... and if they do not understand the term, suggest they take legal advice .............. or look it up in their *Funk and Wagnalls!



*Older readers will understand this reference.

JimmyNeedsHelp

So the IAS rejected my submissions, saying there was no procedural impropriety! The whole thing is a farce.  I've contacted Iceland directly.  The thing is, I cannot afford to have a Court Judgment against me, even if I pay it the same day it'll still affect my credit.  Furious. 

Le_Kirk

JimmyNeedsHelp said:

So the IAS rejected my submissions, saying there was no procedural impropriety! The whole thing is a farce.  I've contacted Iceland directly.  The thing is, I cannot afford to have a Court Judgment against me, even if I pay it the same day it'll still affect my credit.  Furious. 

Where did you get that idea from?  If you pay within the timescale (assuming you lost) set by the judge, the CCJ does not even go anywhere NEAR your credit record.

JimmyNeedsHelp

How Do I Remove Or Challenge A CCJ? | Wilson Field® - Licensed Insolvency Practitioners Here, for example?
"What happens after I pay a CCJ within a month?

If you pay the debt in full within 30 days, the CCJ will appear as ‘satisfied’ on your credit file. You should apply to the court to update the status of your CCJ. Your ability to get credit may still be affected as even a satisfied CCJ can make lenders reluctant to lend you capital, making it harder to get the best rates."

Quick update. I contacted Iceland's legal department, and Excel Parking have agreed to waive any charge...

Coupon-mad

Quick update. I contacted Iceland's legal department, and Excel Parking have agreed to waive any charge...

Very good!  

Astonishing that the advice you found is so wrong!  You are NOT left with a 'satisfied' CCJ if you lose at a hearing and pay within 30 days.  No CCJ remains at all.  That is why we have so many people here happily defending claims, because there is no risk if they follow all advice from defence through to hearing.

Le_Kirk

JimmyNeedsHelp said:

How Do I Remove Or Challenge A CCJ? | Wilson Field® - Licensed Insolvency Practitioners Here, for example?
"What happens after I pay a CCJ within a month?

If you pay the debt in full within 30 days, the CCJ will appear as ‘satisfied’ on your credit file. You should apply to the court to update the status of your CCJ. Your ability to get credit may still be affected as even a satisfied CCJ can make lenders reluctant to lend you capital, making it harder to get the best rates."

Quick update. I contacted Iceland's legal department, and Excel Parking have agreed to waive any charge...

That was (allegedly) written by someone who, as a licensed insolvency practitioner, should know better.  They seem to have got hold of two different scenarios regarding CCJs and conflated them!  Well done on getting it cancelled.