Excel & Elms CC Claim - Abuse of process

Jackobi

Hello, I would really appreciate your help here with a County Court Claim my mum has just received for a parking fine from Excel Parking back in 2017.

I don’t dispute the fine now, the Iceland car park operated by Excel is next to a council owed one and after replying to the initial penalty letter back in 2017, we realised my mum who is 75 and a disabled blue badge holder parked in the wrong area and didn’t see the Excel signs. Reading bad advice online we chose to ignore Excel and basically forgot about it until we received an LBC from Elms Legal last month demanding £160. I decided to pay the £100 fine but not their extra £60 collection costs as I read about Abuse of Process/Double Recovery and this £60 not being legally enforceable but yesterday I received a County Claims form taking me to court to recover that £60, now with other court and legal fees on top totalling £135.

I’m not sure what to do now or how to proceed with the Claim form, naively I thought they wouldn’t bother chasing for that £60. 

Do I dispute the claim saying I’ve already paid it? 

Redx

You defend yourself against the claim they made , sounds obvious but true

Stating that a part payment was made is not a defence to the current court claim

KeithP

Hello and welcome.

What is the Issue Date on the County Court Claim Form?

You say...
""a County Court Claim my mum has just received...",
and...
"yesterday I received a County Claims form...".

How many Claims are there here? One or two?

Who is the named Defendant, you or your Mum?

beamerguy

 I decided to pay the £100 fine but not their extra £60 collection costs as I read about Abuse of Process/Double Recovery and this £60 not being legally enforceable but yesterday I received a County Claims form taking me to court to recover that £60

EXCEL must be very desperate for money ... covid is killing them off ?

Amazing they are taking you to court for a fake scam amount of £60

You have some reading to do as this is abuse of process and some smartie at EXCEL will of signed the claim as a statement of truth ....... EXCEL cannot prove this amount is legal, none of the scammers can

Therefore, you have the Beavis case you will rely upon as it was ruled by the Supreme Court that the parking ticket includes the operation costs.   In the following link you will see that one judge said it was a very feeble attempt to go behind the Supreme Court ruling

https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

Within the link above you will see one particular case .....EXCEL v WILKINSON ..... claim struck out for ABUSE OF PROCESS.  DDJ Jackson who is now HHJ Jackson made this ruling.  

Whilst there is no precedence in a County Court, the EXCEL v WILKINSON case is very persuasive and as you are being taken to court for a scam fake amount only ...... you can ask the judge to strike out the claim and award you costs.

I think we all consider that EXCEL attempting to extort money, they are being stupid and as said, they must be really desperate

Coupon-mad

I don’t dispute the fine now, 

You do...EDIT, I SEE I AM TOO LATE, YOU PAID IT AND PUT YOURSELF ON A MUGS LIST:

I decided to pay the £100 fine but not their extra £60 collection costs as I read about Abuse of Process/Double Recovery and this £60 not being legally enforceable but yesterday I received a County Claims form taking me to court to recover that £60, now with other court and legal fees on top totalling £135.

COURSE THEY DID, YOU INVITED THEM TO, BY PAYING.  


How can anyone say an elderly person is fair game for this rogue industry and doesn't dispute the unfair charge and dodgy hidden signs?


Wise up.  The Government has:


https://www.gov.uk/government/consultations/parking-code-enforcement-framework/outcome/parking-code-enforcement-framework-consultation-response

SayNoToPCN

The admission of liability - unless you explicitly disclaimed it? Tell us definitively either way - is going to really make this uphill. 

Jackobi

Thank you so much for replying to me! I feel silly now for paying but they’re breaking me!! 😞

I’ve attached the Particulars of claim and also the Elms Legal LBC explaining the £60 was a debt collection charge on top of the PCN?

The defendant is my mother, I acknowledged the claim online yesterday as she only got the letter on the 7th April for some reason.

Umkomaas

The defendant is my mother, I acknowledged the claim online yesterday as she only got the letter on the 7th April for some reason.

Did you acknowledge the claim in your name, or in your mother's name?

D_P_Dance

It is interesting to note that you paid £100 and they now want another £135.  Yet on the LBC they are asking for £272.  

Have you complained to your MP?

Redx

Jackobi said:

Thank you so much for replying to me! I feel silly now for paying but they’re breaking me!! 😞

I’ve attached the Particulars of claim and also the Elms Legal LBC explaining the £60 was a debt collection charge on top of the PCN?

The defendant is my mother, I acknowledged the claim online yesterday as she only got the letter on the 7th April for some reason.

You cannot acknowledge the claim , it's not in your name !!

We hope that you signed in as mum and acknowledged it in her name ?

By acting to assist your mum , don't make it worse !!

beamerguy

The claim signed as a statement of truth is not true..

"The claimant seeks the recovery of the parking charge notice"  

The parking charge notice was £100 <<<<< YOU PAID THAT ?

Contractual costs .... no such thing but in their letter before claim they state debt recovery costs  ?

Elms are attempting to mislead the court with words when it really is "debt recovery costs"


And they quote interest ?  Do they mean interest on an amount that they know is double recovery and abuse of process ? ... seems that Elms have forgotten to add the amount of interest.

The whole claim, not just part, is a very feeble attempt to confuse you and the court and the whole claim is double recovery which is abuse of process

We have seen Elms claims before, so have the courts and this is probably the worst piece of artwork I have ever seen