Excel Parking and Debt Recovery - help

Fruitcake

Explain what a PCN is before using just the abbreviation/initials.
Do not use the word "fines".

You could add something about the reason for the petition is the harm being done to local (and national) business by actions of these unregulated parking companies.

Otherwise it looks pretty good to me.

KeithP

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.

No, just an extra two weeks.

You have all the information you need.

The back of your Claim Form tells you:

It goes on to say:

Snakes_Belly

Adam_ said:

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.

Hey, no he's not I'm guessing he's Lichfield's MP, I live in Cannock myself but i'm sure i can find out who ours is. 

What would you actually write to the MP saying? Just explain my situation and whats happening to others as well?

Write to Amanda Milling and explain your situation and what is happening to others that are using these Lichfield car parks. Mention that you cannot contact MF directly because you are not a constituent  yet many people from the Cannock Chase area visit Lichfield frequently.

She has been very helpful to me with regard to the new CoP.  

https://www.amandamilling.com/

Adam_

Snakes_Belly said:

Adam_ said:

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.

Hey, no he's not I'm guessing he's Lichfield's MP, I live in Cannock myself but i'm sure i can find out who ours is. 

What would you actually write to the MP saying? Just explain my situation and whats happening to others as well?

Write to Amanda Milling and explain your situation and what is happening to others that are using these Lichfield car parks. Mention that you cannot contact MF directly because you are not a constituent  yet many people from the Cannock Chase area visit Lichfield frequently.

She has been very helpful to me with regard to the new CoP.  

https://www.amandamilling.com/

Hey!

Ok so I emailed Amanda Milling and shes responded with a letter pretty positively which i'm pleased about so i'll be using her letter in my defence too.

I wanted to ask the defence template i'm using thats provided in the NEWBIES section, is their specific bits I need to remove relevant to my case as it goes a bit over my head and i'm unsure whether to keep it all in or not. I'm using section 2 and 3 as the area to put my defence together if thats correct? 

Adam_

@Coupon-mad Hi, I'm in the process of writing my defence now as i've mentioned above, I wondered if you have reference somewhere in here to other people's defence letters that I could refer to so I'd be able to bolster the details I'm putting in mine, cheers

Coupon-mad

Just read thread titles going back however many pages you fancy browsing.  You'll see every second thread contains someone's defence.

Le_Kirk

Adam_ said:

I emailed Amanda Milling and shes responded with a letter pretty positively which i'm pleased about so i'll be using her letter in my defence too.

I wanted to ask the defence template i'm using thats provided in the NEWBIES section, is their specific bits I need to remove relevant to my case as it goes a bit over my head and i'm unsure whether to keep it all in or not. I'm using section 2 and 3 as the area to put my defence together if thats correct? 

Adam_ said:

@Coupon-mad Hi, I'm in the process of writing my defence now as i've mentioned above, I wondered if you have reference somewhere in here to other people's defence letters that I could refer to so I'd be able to bolster the details I'm putting in mine, cheers

You do not need to remove any of the paragraphs from the standard defence template (that is why it is a template) just add your specific details (as you said) in paragraphs 2 & 3.  Your defence is specific to your circumstances so there is no point adding bits from other people's defences unless they were in the exact same car park and circumstances as you.  Write your defence paragraphs 2 & 3, post it on here and the regulars will critique it for you.

Adam_

Le_Kirk said:

Adam_ said:

I emailed Amanda Milling and shes responded with a letter pretty positively which i'm pleased about so i'll be using her letter in my defence too.

I wanted to ask the defence template i'm using thats provided in the NEWBIES section, is their specific bits I need to remove relevant to my case as it goes a bit over my head and i'm unsure whether to keep it all in or not. I'm using section 2 and 3 as the area to put my defence together if thats correct? 

Adam_ said:

@Coupon-mad Hi, I'm in the process of writing my defence now as i've mentioned above, I wondered if you have reference somewhere in here to other people's defence letters that I could refer to so I'd be able to bolster the details I'm putting in mine, cheers

You do not need to remove any of the paragraphs from the standard defence template (that is why it is a template) just add your specific details (as you said) in paragraphs 2 & 3.  Your defence is specific to your circumstances so there is no point adding bits from other people's defences unless they were in the exact same car park and circumstances as you.  Write your defence paragraphs 2 & 3, post it on here and the regulars will critique it for you.

Thanks very much, yeah i wasn't sure if all the other sections were relevant that was all and with others defences it was more so I could see how they'd be structured and the type of wording used but I think i've put together some paragraphs well, i'll post in the next comment ready to get critiqued haha

Adam_

I may have completely missed context of what should and shouldn't be included but here it is anyway...

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

3. The defendant attended the Three Spires car park on Backcester Lane, Lichfield on 25/10/21 with the intention of spending money in the shopping centre.

On arrival the defendant parked the vehicle within a marked bay and proceeded to pay for a parking ticket at the ticket machine using contactless payment. The machine stated it is a ticketless system, payment was confirmed by the machine and no ticket or receipt of payment was issued.

A couple of weeks following this visit the defendant received a Parking Charge Notice from the claimant demanding the sum of £60 for failure to pay for a parking ticket.

It became apparent that the machine was faulty on the 25/10/21 as the machine did not accept the payment and after the defendant checked their bank account the payment never cleared the account, it was also apparent that the keypad failed to record the full VRM during the payment process.

The defendant disputed this claim via email explaining they made all best attempts to pay for a parking ticket and CCTV would be able to show them at the machine performing payment.

The claimant denied the defendants dispute and proceeded to send another Parking Charge Notice now demanding a sum of £100 for failure to pay for a parking ticket.

The defendant refused to accept liability and the defendant now received a Letter Before Claim demanding the sum of £170.

Following this letter the defendant again received a further letter from ELMS Legal under instruction from the claimant to recover outstanding debt of £170.

It is apparent this has become a common issue of faulty equipment at the car park of Bicester Lane causing numerous Parking Charge Notices being incorrectly issued to many other motorists, there are now over 1000 people who have signed a petition to the landowner to have the claimant removed from the management of these car parks due to the harm being done to local and national businesses by actions of these unregulated parking companies.

The defendant contacted their local Member of Parliament (MP) Amanda Milling explaining their situation and received a response. MP Amanda Milling informed the defendant she had contacted the executive of Excel Parking Ltd. regarding this issue stating “it is clear there is a lot of strength of feeling from other motorists who have had similar experiences” and has therefore written to the claimant highlighting how many people have been issued unfair and incorrect Parking Charge Notices as a result of faulty machines and has requested the claimant look into how they can ensure this does not happen going forward.

As reference to the court the defendant has attached; The letter of response from MP Amanda Milling, the Parking Charge Notices and the website link to the petition.

https://www.change.org/p/three-spires-shopping-centre-car-park-returned-to-council?signed=true

Le_Kirk

That reads more like a witness statement than a defence.
A defence is a series of short punchy legal/technical arguments in the third person.  The arguments should be used to refute what is claimed in the POC.  Using the defence template, paragraph #1 is not edited, paragraph #2 states whether you are keeper and NOT the driver or keeper AND driver.  Paragraph #3 is used to set the scene for the judge and explain that you deny not paying/overstaying/not displaying/not having a permit/not having a blue badge (or whatever the POC states) and, provided you have opened the door with those arguments, you can tell the whole story in the narrative that forms the witness statement along with the evidence that backs up the defence.  Just write section 3 in your own words and one of the regulars will critique it for you; resist the temptation to write War & Peace.