County Court Business Centre - Excel Parking

HWOOD17

HWOOD17 said:

Just just a quick update - I contacted the County Business Court today, as I received a letter from them on 14th September saying that they had received my defence and it had been forwarded to Excel Parking.   I said that I hadn't heard anything further and the MCOL website was showing my defence as the last activity, so I asked them for an update.  They said my case was showing as 'stayed' on their system and Excel Parking would have to pay a fee to lift that.  As the fee is likely to be not far off what they are claiming, then I'm guessing they won't be continuing with it?

Fully expecting to still be receiving demands from their 'legal representatives' though.  

Could I please request some further advice.  As stated above, I spoke to the CCBC on 27th October as I hadn't heard anything and was told that my case was 'stayed'.

Came home today to a letter from the CCBC with an enclosed DQN180 form which the letter says needs to be completed and submitted by 22nd November.  Will obviously contact the CCBC on Monday to see what has happened and whether Excel Parking have paid the fee to lift the 'stayed' status or they have mistakenly sent the letter.

Redx

If the N180 came from the CCBC , check your MCOL claim history , it should show that they posted it and when

Then follow the DQ advice in the newbies FAQ sticky thread near the top of the forum in announcements , plus read the 12 numbered steps again in the defence template post by downloading the N180 PDF and fill it in on a computer , once completed email it to the ccbcaq email address like you did with the Defence

HWOOD17

Thanks Redx.  Just wondering if there has been a mix up as they said only a couple of weeks ago that the case was stayed, or if Excel Parking have paid the fee to lift it.  Will contact the CCBC on Monday to find out.

Coupon-mad

Why not simply ask in the email when you return the DQ?  Then separately email a copy to Excel. but on the very last deadline day...

HWOOD17

Just a quick update on the above - phoned the County Court Business Centre today and they said that the case had been automatically stayed on the system on 18th October.  They said that they had actually received notification to proceed from Excel Parking on 12th October, but it had taken them time to process this.  They therefore said that the stayed status had been lifted on 3rd November and DQN180s had been sent out to both parties.  Not sure I fully believe that, but guess it just has to be accepted.  

I've got until the 22nd November to complete the DQN180 and file it with the court office, so will get that done.  Just regarding the point above - should I wait until the 22nd November to email a copy to Excel Parking?   

Redx

Just email the completed form to both ccbcaq email address and to the claimant too , waiting is irrelevant , but do not miss the deadline

I believe them , the CCBC have been struggling since before lockdown one last year , nevermind the log jam since caused by the pandemic

Nothing to see there , move along !

HWOOD17

Haven't posted on here for a while, but my day in Court is now in sight - September 12th. 

Have received Excel Parking's Witness Statement today and am going to reply over the weekend.  On the letter I received informing me of the court date, it said all documents must be sent to the defendant and the court office.  Is the court office the one in Northampton or the one where I have to attend please?

As for their witness statement, they start off by saying that the signs they have included as an exhibit were displayed prominently and formed the basis of the contract.  The exhibit they include re just generic pictures and not evidence of the actual signs in the car park.  

The landowner agreement is redacted and is only signed by one Excel parking director and noone else.

They say in it that a letter was sent to me by a debt collector, but then counter a point I made in my defence saying that I had sought clarification from said debt collector, by saying they are not privy to conversations with debt collectors so couldn't comment.  This is despite them saying that all communication should be with these debt collectors.

Have based my witness statement on the excellent exame given in the sticky as that really covers the masain points I want to make.

Coupon-mad

Don't use the RobertCox example from 2021, as it's out of date now. Things move on and change.

Since then, we've seen the new statutory Code of Practice published then temporarily withdrawn this year, so there is more to say.  If you haven't been reading this forum in 2022, you've missed all that.

Excel v Wilkinson is meant to be an exhibit in every single case.  See the example WS bundles by:

@Daiapolon2021 

and

@aphex007 

Adapt those instead.  And don't forget your costs assessment page.  See those 2 threads.

The WS goes to the local court (Google for hearings email) and copy in Excel or their solicitor, if they are using one.

Your WS will be technically late but don't draw attention to that.  As Monday is a bank holiday get it sent no later than then but like I say, technically late as that's not a working day.  

HWOOD17

Thank you for your advice and pointers to good WS examples.  Have sent my WS off now, so unless I hear otherwise, I will go to court and see what happens.

Just a quick question though please - in the Notice of Allocation to the Small Claims Track letter it says that the claimant had to pay a court fee of £27.00 or it will be struck out.  Can I check if that has been paid?

They sent me their WS, so I presume it has been paid, but they didn't copy the court in to the email when they sent their WS, so just wondering if they are having one last attempt to try and make me pay.  

Umkomaas

so just wondering if they are having one last attempt to try and make me pay.

They might be, but only they will know!

it says that the claimant had to pay a court fee of £27.00 or it will be struck out.  Can I check if that has been paid?

Call the court.