Excel Parking and Debt Recovery - help

Adam_

patient_dream said:

Adam_ said:

Coupon-mad said:

If you have a LBC then use the more robust wording seen on Gladstones LBC threads recently.  Just scroll down the thread list, looking for Gladstones LBC threads till you find it (on more than one this past day or two). No idea which.  Look at thread titles.  Doesn't matter that your LBC is not from Gladstones.

Yeah i'm a little nervous as I don't want to come out the other end with a hefty bill to pay.

But that doesn't happen. You do need to read more threads, if you thought a small claim leads to high costs.

Even if you lost you'd pay less than the claim!  If you don't know why that is, you need to read the Template Defence and other threads.

And the NEWBIES thread explains that no CCJ is risked by following our advice, not even if you are one of the 1% here who lose.

Hi again, I've emailed ELMS legal regarding the dispute of claim, however I've now received a Claim Form issuing a further £255 (£170 for the claim, £35 court fee and £50 legal repreentative's cost)

Sorry for all the questions but i'm now even more unsure of what course of action to take and i'm pretty worried that this is going to go further now

Elms in general are un-professional.  The courts do expect both parties to communicate with each other before they waste the courts time.

Elms have chosen not to do this and that will please the judge, I think not. This is something to make the judge aware of.

Elms have added a fake amount of £70 which government has banned. I assume they were stupid enough to sign the claim as a statement of truth
Another point for the judge to consider because they are stating the fake is true

As you know, this is money scam site and you have all the info given by the members.
This is a dangerous cliam by EXCEL and ELMS and if they do not discontinue, it will no doubt be another court spanking and don't forget you have your costs to claim                                        

Originally I had a letter from ELMS but it was only one demanding the money, then the court letters have arrived.

I'm guessing i can use all this in my defence too.

Adam_

Snakes_Belly said:

Is your MP Michael Fabricant?  If not I would write to your MP and ask them write to Michael Fabricant  regarding the issues with this car park. I would also mention the petition.  MF should already be aware of what is happening.

Michael Fabricant needs to be aware of the issues with this car park.

You can then use the replies in your WS. It gives the WS more gravitas if you have involved the MP.

I have tried to contact MF before but he will not reply to me because I am not his constituent (C.C.)   

in your defence I would mention that there has been many issues with this car park and a petition has been started with over 1000 petitioners. Then back this up with the comments in the WS.

Also meant to ask is it too late for me to write a letter for a SAR or am I still able to do this?

Fruitcake

Send an SAR asap to the DPO of the PPC. Include proof of non-photo ID. You won't get the response back in time before you need to submit your defence, but the information will be useful at the witness statement stage.

You can use this site to make a complaint to your MP. 

WriteToThem - Email your Councillor, MP, MSP, MS, MLA or London Assembly Member for free

Just state that you paid, the system was faulty, and you ended up with a PCN then a court claim. Ask them to forward this to the MP where the alleged event took place.
Provide the information that hundreds and hundreds of motorists have been caught out by this, tell them about the petition, and tell them it has put you off visiting or spending money in that area.
Point out that MPs across all parties have referred to these unregulated private parking companies as rogues, scammers, and bloodsuckers.

Adam_

Fruitcake said:

Send an SAR asap to the DPO of the PPC. Include proof of non-photo ID. You won't get the response back in time before you need to submit your defence, but the information will be useful at the witness statement stage.

You can use this site to make a complaint to your MP. 

WriteToThem - Email your Councillor, MP, MSP, MS, MLA or London Assembly Member for free

Just state that you paid, the system was faulty, and you ended up with a PCN then a court claim. Ask them to forward this to the MP where the alleged event took place.
Provide the information that hundreds and hundreds of motorists have been caught out by this, tell them about the petition, and tell them it has put you off visiting or spending money in that area.
Point out that MPs across all parties have referred to these unregulated private parking companies as rogues, scammers, and bloodsuckers.

Ok so Acknowledgement of Service has been completed.

I feel silly asking this but was is DPO Data Protection Officer and PPC Private Parking Company? Just so i get it write who i'm sending it to.

So being Excel Parking, where would I find the email address for the DPO of this company?

Fruitcake

Adam_ said:

KeithP said:

Adam_ said:

Coupon-mad said:

What's the date of issue on the claim?

The issue date is the 31st May 2022

With a Claim Issue Date of 31st May, you have until Monday 20th June to file an Acknowledgment of Service. Do not file an Acknowledgment of Service before 4th June, but otherwise there is nothing to be gained by delaying it. 

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

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 4th July 2022 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.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Hi, thanks for your response.

So you're saying if i file an acknowledgment of service, even though the letter states I should pay or dispute it within 14 days it will allow me an extra 4 weeks? Apologies for the lack of knowledge here, its all pretty new to me so its going over my head a little.

Do precisely as Keith has advised. He knows what he is talking about. Do your AoS during CCBC working hours, tomorrow morning or as soon after as possible. Do not put anything in the defence box. 
You should get an electronic receipt to show your AoS has been accepted.

Then move on to your defence. Post only the parts/paragraphs you are going to change on here for the regulars to look over before you submit it.

Fruitcake

Adam_ said:

Fruitcake said:

Send an SAR asap to the DPO of the PPC. Include proof of non-photo ID. You won't get the response back in time before you need to submit your defence, but the information will be useful at the witness statement stage.

You can use this site to make a complaint to your MP. 

WriteToThem - Email your Councillor, MP, MSP, MS, MLA or London Assembly Member for free

Just state that you paid, the system was faulty, and you ended up with a PCN then a court claim. Ask them to forward this to the MP where the alleged event took place.
Provide the information that hundreds and hundreds of motorists have been caught out by this, tell them about the petition, and tell them it has put you off visiting or spending money in that area.
Point out that MPs across all parties have referred to these unregulated private parking companies as rogues, scammers, and bloodsuckers.

Ok so Acknowledgement of Service has been completed.

I feel silly asking this but was is DPO Data Protection Officer and PPC Private Parking Company? Just so i get it write who i'm sending it to.

So being Excel Parking, where would I find the email address for the DPO of this company?

You are correct, but to help you, acronyms and abbreviations common to the parking forum can be found in the fifth post of the NEWBIES.

What to put in a SAR can also be found in the NEWBIES.

Look on the privacy section of Excel's website. The email of their DPO should be there.

Check tomorrow that the AoS has been received if you haven't already got confirmation. We have seen that there is a glitch with the CCBC's electronic comms, such that things don't always get registered if sent outside working hours.

When you submit your defence, check your MCOL history to ensure it has been received. You should also send a copy of your defence (and any other docs) to the claimant's solicitors and yourself. It has been known for a PPC to say they never received documentation.

Adam_

Fruitcake said:

Adam_ said:

Fruitcake said:

Send an SAR asap to the DPO of the PPC. Include proof of non-photo ID. You won't get the response back in time before you need to submit your defence, but the information will be useful at the witness statement stage.

You can use this site to make a complaint to your MP. 

WriteToThem - Email your Councillor, MP, MSP, MS, MLA or London Assembly Member for free

Just state that you paid, the system was faulty, and you ended up with a PCN then a court claim. Ask them to forward this to the MP where the alleged event took place.
Provide the information that hundreds and hundreds of motorists have been caught out by this, tell them about the petition, and tell them it has put you off visiting or spending money in that area.
Point out that MPs across all parties have referred to these unregulated private parking companies as rogues, scammers, and bloodsuckers.

Ok so Acknowledgement of Service has been completed.

I feel silly asking this but was is DPO Data Protection Officer and PPC Private Parking Company? Just so i get it write who i'm sending it to.

So being Excel Parking, where would I find the email address for the DPO of this company?

You are correct, but to help you, acronyms and abbreviations common to the parking forum can be found in the fifth post of the NEWBIES.

What to put in a SAR can also be found in the NEWBIES.

Look on the privacy section of Excel's website. The email of their DPO should be there.

Check tomorrow that the AoS has been received if you haven't already got confirmation. We have seen that there is a glitch with the CCBC's electronic comms, such that things don't always get registered if sent outside working hours.

When you submit your defence, check your MCOL history to ensure it has been received. You should also send a copy of your defence (and any other docs) to the claimant's solicitors and yourself. It has been known for a PPC to say they never received documentation.

Brilliant! Thank you so much for that info, honestly don't know where i'd be with out this forum

Fruitcake

It is not so important on here, but the law is a pedant, so you need to ensure to check your spelling and grammar before submitting documents.

"get it write right"

Adam_

Fruitcake said:

It is not so important on here, but the law is a pedant, so you need to ensure to check your spelling and grammar before submitting documents.

"get it write right"

Ah yes, I do have a tendency to type quickly and often miss spelling mistake.

In regards to an email to my MP, does this sound ok?

"I am writing to you to make a request that you would kindly write to or forward this email to MP Michael Fabricant on my behalf and the behalf of many other local residents of Cannock and Lichfield regarding an ongoing issue we are having with Excel Parking Services Ltd at Three Spires Shopping Centre, Backcester Lane and Gresley Row, Lichfield.

I understand that MPs across all parties have referred to these unregulated private parking companies as rogues, scammers and bloodsuckers and I’m under the impression Michael Fabricant is aware of what is happening here, it would really be appreciated if this matter was brought to his attention again please.

In my circumstance to the best of my knowledge I had paid for a parking ticket at the car park, however the machine does not issue tickets or receipts so I had no confirmation of payment. It appeared that the system was faulty and I ended up with a PCN and then a court claim letter. Due to this it  has put me off visiting Lichfield town centre and spending money in the area as it has caused unwanted stress and headaches that I don't want to have to deal with again.

There seems to be a common issue of faulty equipment at the car park causing numerous parking fines being incorrectly issued to many other motorists, there are now over 1000 people who have signed a petition to the landowner to have Excel Parking Services Ltd. removed from the management of these car parks.

If you would like to view the petition I have provided a link below.
https://www.change.org/p/three-spires-shopping-centre-car-park-returned-to-council?signed=true

Kind Regards,

Adam"

Le_Kirk

Adam_ said:

So Being Excel Parking, where would I find the email address for the DPO of this company?

Use this: -
dataprotection@excelparking.co.uk