Excel Parking Letter of Claim 31 July 2021 at 8:49PM edited 31 July 2021 at 9:16PM in Parking tickets, fines & parking 105 replies 2.3K views

Bonez257

Good Evening All,

I have received a Claim Form from Excel Parking Services LTD for a fee of £245 (160 for amount claimed, 35 court fee and 50 for legal representative costs). I have been through the forum and looked at suggested template defence for all parking charges and am still unsure of what to do. I had a LBC sent last year and then a notice of instruction a few weeks ago. I went through the forum and followed the newbies guide to ask for a SAR, reported the solicitors to the SRA and have still got a LOC. Can anyone suggest what defence I can give? I didn't take pictures of signs or anything and tbh I don't really have a defence.

Thank you in advance

Fruitcake

Telling the whole world on a forum monitored by unregulated parking companies that the driver failed to pay when they should have done is not a good idea.

You need to get pics of the site and signage and check the NTK to see if either are capable of holding the keeper liable. You need to determine if the signage or NTK is capable of holding the keeper liable, then put that in paragraphs 2 and 3 of the defence template.

KeithP

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

Is this related to your now closed earlier thread?...
forums.moneysavingexpert.com/discussion/5995361/letter-of-claim-csb-solicitors/p1

Bonez257

Fruitcake said:

Telling the whole world on a forum monitored by unregulated parking companies that the driver failed to pay when they should have done is not a good idea.

You need to get pics of the site and signage and check the NTK to see if either are capable of holding the keeper liable. You need to determine if the signage or NTK is capable of holding the keeper liable, then put that in paragraphs 2 and 3 of the defence template.

Im sorry I just wanted to be honest and thanks ill get them tomorrow.

Bonez257

KeithP said:

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

Is this related to your now closed earlier thread?...
forums.moneysavingexpert.com/discussion/5995361/letter-of-claim-csb-solicitors/p1

28 JUL 2021.

No this is unrelated

KeithP

Bonez257 said:

KeithP said:

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

28 JUL 2021.

With a Claim Issue Date of 28th July, you have until Monday 16th August to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Tuesday 31st August 2021 to file your Defence.

That's over 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

D_P_Dance

I have received a Claim Form from Excel Parking Services LTD for a fee of £245 (160 for amount claimed, 35 court fee and 50 for legal representative costs).

Some of that is almost vetainly unlawful, read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

Redx

So AOS online by logging into MCOL , do nothing else on there , no filling in the defence box because you will be emailing your defence to the CCBC when completed and approved. You have already sent your SAR , so good 👍👍

The Coupon mad Defence template is pre written for you and only needs your input on paragraphs 2 and 3 , the rest is complete

Post your draft paragraphs 2 and 3 below for critique and feedback , we will assist you

Everybody has a legal defence , even if they don't know it yet !! Read this VCS one for inspiration

https://forums.moneysavingexpert.com/discussion/6285582/county-claim-vcs#latest

And this one. https://forums.moneysavingexpert.com/discussion/6256254/county-claim-form-vehicle-control-services-ltd/p4

Umkomaas

Bonez257 said:

KeithP said:

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

Is this related to your now closed earlier thread?...
forums.moneysavingexpert.com/discussion/5995361/letter-of-claim-csb-solicitors/p1

28 JUL 2021.

No this is unrelated

You left that thread hanging, unresolved.  Why no feedback on it?

Bonez257

D_P_Dance said:

I have received a Claim Form from Excel Parking Services LTD for a fee of £245 (160 for amount claimed, 35 court fee and 50 for legal representative costs).

Some of that is almost vetainly unlawful, read this and complain to your MP.

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

Thats brilliant i will do that now, thank you

Bonez257

Redx said:

So AOS online by logging into MCOL , do nothing else on there , no filling in the defence box because you will be emailing your defence to the CCBC when completed and approved. You have already sent your SAR , so good 👍👍

The Coupon mad Defence template is pre written for you and only needs your input on paragraphs 2 and 3 , the rest is complete

Post your draft paragraphs 2 and 3 below for critique and feedback , we will assist you

Everybody has a legal defence , even if they don't know it yet !! Read this VCS one for inspiration

https://forums.moneysavingexpert.com/discussion/6285582/county-claim-vcs#latest

And this one. https://forums.moneysavingexpert.com/discussion/6256254/county-claim-form-vehicle-control-services-ltd/p4

Thank you