Excel Parking Letter of Claim 31 July at 8:49PM edited 31 July at 9:16PM in Parking Tickets, Fines & Parking 46 replies 711 views

Bonez257

Umkomaas said:

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?

I did everything that was said on that thread and was expecting something back but they never got back in contact with me. I'd forgotten all about it as well as this one only for Excel Parking to follow it up a year and a half later. Apologies for leaving it hanging though

Coupon-mad

OK, as long as on that other thread, the parking firm didn't have an old address for you in their database then it is dormant.  The danger is always if a PPC has two addresses and you don't tell them to erase the old one, you get a secret CCJ behind your back.

Bonez257

UPDATE

I have taken various pictures at said location and have found that the sign at the entrance of the car park has graffiti all over it. Others are half hidden behind branches and trees. Would the height of where the sign is placed be an issue? Some are awkwardly high up the poles.

Also, for the jurisdiction box on the MCOL, I would want the hearing to be at a court near me and not Northampton so do i still leave this blank or tick the box?

Thanks in advance

Bonez257

Coupon-mad said:

OK, as long as on that other thread, the parking firm didn't have an old address for you in their database then it is dormant.  The danger is always if a PPC has two addresses and you don't tell them to erase the old one, you get a secret CCJ behind your back.

I'm still at the same address so no issues here 

Umkomaas

You do not contest jurisdiction.

Your case will be heard at a county court near to you - the Northampton CCBC is simply a distribution centre, not a county court. You will have the opportunity to nominate the court you wish to have the hearing heard, but as private parking physical, face to face hearings have been all but wiped out because of Covid and have been replaced by telephone or video hearings, the 'location' of the hearing is somewhat academic, it could be conducted from anywhere, you'll be sitting in your house.

You nominate the court at the Directions Questionnaire stage, some weeks after you submit your defence. 

All this is explained in the NEWBIES FAQ Announcement, second post, especially the section headed in red text:

'IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!'

Please read that carefully before responding to any claim form. 

Redx

Bonez257 said:

UPDATE

I have taken various pictures at said location and have found that the sign at the entrance of the car park has graffiti all over it. Others are half hidden behind branches and trees. Would the height of where the sign is placed be an issue? Some are awkwardly high up the poles.

Also, for the jurisdiction box on the MCOL, I would want the hearing to be at a court near me and not Northampton so do i still leave this blank or tick the box?

Thanks in advance

Yes to all the first paragraph

The second paragraph means you think the second half has kicked off , but you are only halfway through the first half !!

Unless you live in the Northampton court catchment area ( some do ) then it won't be from their county court and definitely not from the government office ( CCBC ) the civil service could have located it in Belfast like the DWP , or Swansea like the DVLA , it's irrelevant where they put it , because it's an office and not a court

Google your own local court to your home address , you will need it in a few weeks time. !!

But as Umkomaas says , you will probably be at home on the day in several months time anyway 😁😁😁

Bonez257

Redx said:

Bonez257 said:

UPDATE

I have taken various pictures at said location and have found that the sign at the entrance of the car park has graffiti all over it. Others are half hidden behind branches and trees. Would the height of where the sign is placed be an issue? Some are awkwardly high up the poles.

Also, for the jurisdiction box on the MCOL, I would want the hearing to be at a court near me and not Northampton so do i still leave this blank or tick the box?

Thanks in advance

Yes to all the first paragraph

The second paragraph means you think the second half has kicked off , but you are only halfway through the first half !!

Unless you live in the Northampton court catchment area ( some do ) then it won't be from their county court and definitely not from the government office ( CCBC ) the civil service could have located it in Belfast like the DWP , or Swansea like the DVLA , it's irrelevant where they put it , because it's an office and not a court

Google your own local court to your home address , you will need it in a few weeks time. !!

But as Umkomaas says , you will probably be at home on the day in several months time anyway 😁😁😁

Okay brilliant! I've completed the AOS and will start working on the defence right away. 

Bonez257

Hello all,

I have edited the 2nd and 3rd paragraphs of the defence as requested. I want to add more to it but not sure what else I could add. Is there a case that has been won based on insufficient/illegible signs that I can reference into the 3rd paragraph? Or should I not do that?

The paragraphs are as follows:

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

 

3.  The defendant denies the claims by the Claimant based on illegible signs around the car park.  On the entry of the car park, the defendant noticed a sign to the right that contained graffiti, covering majority of the surface of the sign. Additional signs surrounding the entrance are one too many on a single pole to properly read and understand. For this reason, the signs are placed awkwardly high up the pole and difficult to read. In addition to this, the signs are obstructed by branches of nearby trees, rendering them difficult to read. The defendant denies entering a legal contract on this basis.

Thanks

Umkomaas

I want to add more to it but not sure what else I could add.

I'm struggling with that.  Are you thinking 'Never mind the quality, feel the width' (70s TV show for those in a fuller flush of youth!)?

Is there a case that has been won based on insufficient/illegible signs that I can reference into the 3rd paragraph? Or should I not do that?

You can do, but not at this stage. Evidence comes with your Witness Statement further in the future (a few weeks hence). There are many cases where Judges have found for the motorist on the basis of inadequate signage, but please note, judgments in the small claims court have no automatic bearing on the decisions of other Judges. Persuasive judgments have to come from courts higher than small claims courts. 

But, it doesn't stop you seeking out some of the judgments involving signage (none from memory having come from a higher court) and using the language utilised in defences and witness statements focusing on signage. I'm afraid you'll have to use the rather clunky forum search engine to find them. We try to add the phrase 'ANOTHER ONE BITES THE DUST' to any court cases won, so use that as your search engine's keyword and see what comes up. You'll need to plough through each thread, there's no easier route. 

Redx

2) should add if it's keeper and driver , or keeper but not the driver , or keeper but driver not known due to length of time passed and an unremarkable day so long ago , etc

If in doubt , think what you would answer truthfully in court , if asked under oath

Signage is already mentioned elsewhere in the defence template

The time for jackanory stories are in the witness statement plus exhibits stage in several months time

Here you set the scene , but there is no audience for a !ong monologue yet , the doors are closed so this is the bare bones that opens those doors to the later scenes before the audience ( your own local civil court )

You don't add to it unless there are other defence points to add to the mix , embellishments are done at the WS stage , not now