County Court Business Centre - Excel Parking

HWOOD17

Coupon-mad said:

I'm not sure why you haven't put any of these in as facts about the car park and event, instead of repeating what's already in the template:

PCN was left on car in January 2016 for parking outside a marked bay.  Car next to bay had slightly encroached into bay, so same was done.  Hard to remember full details, but after a number of fruitless attempts asking them to clarify why they were charging such an extortionate amount for a £3 all day car park, someone from their company was spoken to on the phone.  Shortly after this call in 2016, an email was received from Excel Parking saying that the case had been 'put on hold'. 

Thank you for the reply.  Just struggling as bit as how to set point 3 out.  Have looked at a lot of examples over the past few days, yet can't quite seem to find one that fits.  

Would the paragraph at the start of the original post be more suitable and drop the signage part?

Coupon-mad

Use what you told us!  I quoted it...not sure what else you are looking for.

HWOOD17

Thank you again for the reply.  I was struggling a bit regarding how to set out point 3, but the last reply is a lot of help and have drafted it again below.  Got to submit it by Wednesday, so going to submit today.

3.    A Parking Charge Notice was left on car in a car park on Lower Loveday Street, Birmingham on 18th January 2016 for "parking outside a marked bay".  The car next to the bay had slightly encroached into bay the Defendant parked in, so the Defendant had to do the same.  Subsequent communication from the Claimant instructed the Defendant to direct any further questions regarding the matter to their legal representatives, which they was stated at the time as BW Legal, although the Defendant has received letters pertaining to the matter from a number of other companies.  An email was sent to BW Legal on 10/09/2106 stating that the Defendant felt the amount being requested was unreasonable considering the cost of parking in the car park for 24 hours was only £3 and that a ticket had been paid for.  No response was received from BW Legal, so the Defendant contacted the Claimant by phone and explained that it was felt the sum being requested was excessive and disproportionate given the relatively inexpensive parking charges.  Shortly after this call, an email was received from the Claimant saying that the case had been 'put on hold'.  The Defendant has not received any communication from the Claimant in the subsequent five-and-a-half year period sating that the case had been taken off hold and payment was required, only sporadic letters from a number of different legal companies purporting to represent the Claimant and demanding payment.  The Defendant believes that a reasonable explanation for what is felt are excessive costs have never been provided either by the Claimant or the legal services that have purported to represent them.       

Redx

Too long , split into 2 or 3 paragraphs and renumber from 3 onwards

Then renumber the rest of the template defence after slotting your draft in

Coupon-mad

Remove the long story and save it for WS stage.

HWOOD17

Thank you for the replies. Just going to use the part you quoted earlier CM and submit following the steps in the sticky..  Have submitted a SAR to Excel Parking and will start looking at Witness Statements.

95Rollers

Redx said:

Try GSV for historical pictures too

Any signage pictures and maps will be in their WS bundle you will receive in several months time

Great advice.  Some of the PPCs will Try and shape the narrative at this stage. I've seen them include photo's timestamped several months after thr alleged parking event and ones of everywhere inside the carpark except the entrance or any external shots looking in plus extreme close ups of signs with no way of guaging context of the actual size if sign or its text.  Also 0lebty of shots of an empty carpark - but one of a full carpark is needed as that is when the signs are obscured by parked vehicles/ traffic.

As @Redx says - do you own homework on Google Streetview . Some parking firms routinely move signs around and GSV is a great way ot catching these parasites out!

HWOOD17

Thank you again to everyone who has provided advice so far - hope you all know what a great service you are providing to people!!  

Just a quick question regarding submitting the defence - sent by email to the County Court Business Centre last night and have had a reply from them.  Just seen on another thread that it advisable to also email a copy to the Claimant and their legal representatives.  Is there anyone in particular that the email should be addressed to? 

Also, on reflection of sending the SAR, would it have been advisable to ask for photos of the signage at that point or just best to wait for their WS?  It is just that they no longer operate the car park in question and haven't done so since 2018 as far as I know. 

Coupon-mad

Our latest advice doesn’t say claimant AND their legal reps.  But do email a copy if you want.

You won’t get signage in a SAR.  It’s not your data.

HWOOD17

Thanks C-M.