JBL123 vs. Excel Parking

Le_Kirk

Grizebeck said:

Le_Kirk said:

Is it the N180 from CCBC or a completed one from the claimant?

When a defence to a claim is logged to a vcs/excel (directly issued only, no elms /dcb legal) claim they have their ccbc account set to automatically issue the N180 form on receipt of the defence. So you will always get the court issued n180 form within 2 or 3 days of a defence being logged. 

OK thanks for that knowledge - one assumes then that this (set to automatically issue the N180 form) stands as the claimant informing the CCBC that they wish to proceed?

Grizebeck

Le_Kirk said:

Grizebeck said:

Le_Kirk said:

Is it the N180 from CCBC or a completed one from the claimant?

When a defence to a claim is logged to a vcs/excel (directly issued only, no elms /dcb legal) claim they have their ccbc account set to automatically issue the N180 form on receipt of the defence. So you will always get the court issued n180 form within 2 or 3 days of a defence being logged. 

OK thanks for that knowledge - one assumes then that this (set to automatically issue the N180 form) stands as the claimant informing the CCBC that they wish to proceed?

Yes they automatically proceed on all claims (doesn't apply to elms claims etc)
So you can file the defence and same day email of the n180 form for direct excel/vcs cases.

Le_Kirk

Do they bother to read the defence in case they find there is no cause of action?  Just gives more evidence (if any were needed) of the robo-claim nature of the business!

Grizebeck

Le_Kirk said:

Do they bother to read the defence in case they find there is no cause of action?  Just gives more evidence (if any were needed) of the robo-claim nature of the business!

No as they don't get time to read the defence before the n180 is issued as its always same working day. Just automatic process.

JBL123

Evening all, day in court confirmed! (End of the month) .... better get that witness statement written! 

Umkomaas

JBL123 said:

Evening all, day in court confirmed! (End of the month) .... better get that witness statement written! 

Have you been given a specific date by when to submit (by email) your WS and evidence bundle to the court (plus one to the claimant) or is it a 'no later than 14 days ...' order.  

When emailing to Excel, send yourself (preferably to a different email address) a bcc so you can prove that the documents have been successfully sent, ergo delivered. Excel are notorious for arguing not to have received documents and push for an adjournment, which is a PITA for you and, if you're working, exposes you to a further day off work for another hearing if the Judge agrees to adjourn. Be ready for this!

Grizebeck

Excel state they dont accept service of documents via email although its worth doing as well (as post)regardless

1505grandad

From op (and title):-

"I received an invoice from Excel last year as I incorrectly keyed my VRM."

A heads-up for WS as there seems to be an incorrect statement in Defence i.e:-

"During the appeal process the minor typing error became apparent and the claimant refused to deal with the error appropriately at the first stage appeal in line with the British Parking Association Approved Operator Scheme Code of Practice (BPA CoP) (Version 8 – January 2020) – Section 17."

Excel are IPC AoS members.

Ed2022

Grizebeck said:

Excel state they dont accept service of documents via email although its worth doing as well (as post)regardless

But at times you submitted your statement, e.g., WS copying in the ccbc email plus excel. If the CCBC can via email and do receive it via email, can excel argue they haven't been served it?

JBL123

I've just received the witness statement pack from Excel. Its certainly comprehensive (50 pages).

They've responded to my defence paragraph by paragraph. 

I must admit I'm a little concerned!!! Have I got a leg to stand on? Please reassure me.