Excel parking !!!

Marley22

Fruitcake said:

Yes, ignore the letter.

No, they won't send bailiffs. That can only happen if you lose the court case, and you don't pay the judgment. Even if you lose, you will be paying less than they are currently claiming. The UK Government has stated quite clearly that fake add on charges are prohibited.

Don't worry about the mediation hearing. Take the call, stay calm and polite, keep saying no, then end the call.

This is so helpful fruitcake I can’t thank you all enough I am feeling hopeful 

im going on Wednesday to take pictures and hopefully use as evidence if it does go to court 

95Rollers

Marley22 said:

one question I have is because I sent the N180 questionnaire to moneyclaims to accept mediation because I didn’t know what I was doing , I thought it was best but I’m gonna say no to that now 

what do I do about the letter from excel now saying I have 14 days to make payment so it doesn’t go to court 

File it away and do not engage. Court is actually a better fairer option.  You can contact the court saying you wish to decline Mediation. I got a letter telling me a date for Mediation was set and that I was allowed to object. 

In my case I had Already done Mediation when I rang DCBL and said I'd give them 1 pound under duress just to get them to stop harassing me.  I told them the case was going nowhere and they should quit whilst ahead.   But they arrogabrly said they wouldn't take anything less than the £260 they were demanding!!! 
So when the offer of Court Mediation came through I told them to poke it!  Just like I binned the form where DCB were demanding to know my outgoings/ wages etc!  Mone of their business until I apply for costs off them!  They can enter Mediation any time they wanted from Day 1, but chose not to and now just trying to use the court to do their dirty work and save themselves time, money and bring forward their payday. What's in this one sided arrangement for your benefit!?! 

Marley22

95Rollers said:

Marley22 said:

one question I have is because I sent the N180 questionnaire to moneyclaims to accept mediation because I didn’t know what I was doing , I thought it was best but I’m gonna say no to that now 

what do I do about the letter from excel now saying I have 14 days to make payment so it doesn’t go to court 

File it away and do not engage. Court is actually a better fairer option.  You can contact the court saying you wish to decline Mediation. I got a letter telling me a date for Mediation was set and that I was allowed to object. 

In my case I had Already done Mediation when I rang DCBL and said I'd give them 1 pound under duress just to get them to stop harassing me.  I told them the case was going nowhere and they should quit whilst ahead.   But they arrogabrly said they wouldn't take anything less than the £260 they were demanding!!! 
So when the offer of Court Mediation came through I told them to poke it!  Just like I binned the form where DCB were demanding to know my outgoings/ wages etc!  Mone of their business until I apply for costs off them!  They can enter Mediation any time they wanted from Day 1, but chose not to and now just trying to use the court to do their dirty work and save themselves time, money and bring forward their payday. What's in this one sided arrangement for your benefit!?! 

Thank you roller

so I’m to try file the settlement letter Iv just received an call mediation an tell them Iv declined mediation even tho Iv just agreed ? 

Will they accept that an then send me a letter for court

These companies are trying to kill people I don’t have the money to give them if I did lose 😢😫 I really scared 

95Rollers

That's what I did.  I've just dug out my Email to the court rejecting Mediation. It's a bit of a rant though.  But you get the general idea and there is probably bits you can use which are relevant to your situation. 

_____________________________________

To:   scmreferrals

Dear Sirs

I acknowledge receipt of your email dated yesterday.

I wish to decline the offer of the Mediation process due to not answering yes to any of the 3 criteria questions.

I was initially open to the prospect of mediation but when I previously suggested it to the claimants legal representatives Direct Collection Bailiffs Legal - I was told that the client (One Parking) would not be accepting anything less than what was on their claim form which I dispute which is a grossly inflated sum currently escalated to £260 bumped up by a series of unlawful add-on fees which they have failed to properly account for with invoices let alone justify. 

The staff member I spoke to (Mr Xxxxx Xxxx) was rude and confrontational ending the call with a curt “Looks like we’ll be seeing you in court then”. 

Based on this narrative and that of the parking company I accepted that there no room to open any kind of dialogue with them and therefore set about to prepare to defend this claim in court.

I have since spent countless hours researching legislation, political debates and motions, stated cases, relevant court reports, industry codes of practise and various other sources of relevant information which I have since raised with the claimants legal representatives.

I feel that my findings need to be heard in court and I would welcome the opportunity to put forward my case and hear the claimant accounting for their actions and behaviour. 

The claimant and their legal representatives (who are also their debt recovery contractor) were not open to mediation, discussion and for the last 2 years have been harassing me with threats of court action, CCJs, muddying the water with misinformation and personally telling me I will lose in court and likely to be visited by bailiffs - even making indirect threats of being publicly humiliated on national TV due to their notoriety of being the featured bailiff firm on Channel 5’s “Can’t Pay Take It Away” which is the focal point of ALL their correspondence.

This has caused me to feel stressed and needlessly anxious.  I feel the reason they are open to mediation is because I have not succumbed to their unreasonable correspondence and not paid this disputed amount then nor on receiving notification of court proceedings.

I feel they are only considering mediation with a view to save themselves money as this would be a cheaper option for them and their contractors rather than the cost of pursuing the matter to court.  But as I have told them I dispute their claim and await further communication from the court.

Kind regards

Marley22

95Rollers said:

That's what I did.  I've just dug out my Email to the court rejecting Mediation. It's a bit of a rant though.  But you get the general idea and there is probably bits you can use which are relevant to your situation. 

_____________________________________

To:   scmreferrals

Dear Sirs

I acknowledge receipt of your email dated yesterday.

I wish to decline the offer of the Mediation process due to not answering yes to any of the 3 criteria questions.

I was initially open to the prospect of mediation but when I previously suggested it to the claimants legal representatives Direct Collection Bailiffs Legal - I was told that the client (One Parking) would not be accepting anything less than what was on their claim form which I dispute which is a grossly inflated sum currently escalated to £260 bumped up by a series of unlawful add-on fees which they have failed to properly account for with invoices let alone justify. 

The staff member I spoke to (Mr Xxxxx Xxxx) was rude and confrontational ending the call with a curt “Looks like we’ll be seeing you in court then”. 

Based on this narrative and that of the parking company I accepted that there no room to open any kind of dialogue with them and therefore set about to prepare to defend this claim in court.

I have since spent countless hours researching legislation, political debates and motions, stated cases, relevant court reports, industry codes of practise and various other sources of relevant information which I have since raised with the claimants legal representatives.

I feel that my findings need to be heard in court and I would welcome the opportunity to put forward my case and hear the claimant accounting for their actions and behaviour. 

The claimant and their legal representatives (who are also their debt recovery contractor) were not open to mediation, discussion and for the last 2 years have been harassing me with threats of court action, CCJs, muddying the water with misinformation and personally telling me I will lose in court and likely to be visited by bailiffs - even making indirect threats of being publicly humiliated on national TV due to their notoriety of being the featured bailiff firm on Channel 5’s “Can’t Pay Take It Away” which is the focal point of ALL their correspondence.

This has caused me to feel stressed and needlessly anxious.  I feel the reason they are open to mediation is because I have not succumbed to their unreasonable correspondence and not paid this disputed amount then nor on receiving notification of court proceedings.

I feel they are only considering mediation with a view to save themselves money as this would be a cheaper option for them and their contractors rather than the cost of pursuing the matter to court.  But as I have told them I dispute their claim and await further communication from the court.

Kind regards

I feel if I took parts out of this it I would struggle with the wording , I do understand what is in it but I’m really not good or feel confident speaking this if you know what I mean I feel they would know it’s not me 

also as I have sent the mediation form off do I wait for the 1st appointment to say this or write to them before the 1st app , I know excel do not want to go to court nor mediation soon as they saw me respond to court they jumped on me with a letter of settlement this is making me poorly I’m feeling sick to stomach everyday and my anxiety is through the roof 

Le_Kirk

Marley22 said:

also as I have sent the mediation form off do I wait for the 1st appointment to say this or write to them before the 1st app , I know excel do not want to go to court nor mediation soon as they saw me respond to court they jumped on me with a letter of settlement this is making me poorly I’m feeling sick to stomach everyday and my anxiety is through the roof 

If they offered a settlement that is usually a sign that they are not confident in their case.

95Rollers

How will they know its "not you"? Do they know you and how you talk or your knowledge base on your rights etc?!?  Just chop it down a bit to the first bit along the lines of:

You wish to decline the offer of the Mediation process due to not answering yes to any of the 3 criteria questions.

Stating that you were initially open to the prospect of mediation but on finding out more on the process following advice you do not feel its appropriate because you wish to completely contest their claim.

You could say you thought it was mandatory abd felt pressured, but since further research and developments in your Defence the offer of mediation is not relevant. 

Marley22

Le_Kirk said:

Marley22 said:

also as I have sent the mediation form off do I wait for the 1st appointment to say this or write to them before the 1st app , I know excel do not want to go to court nor mediation soon as they saw me respond to court they jumped on me with a letter of settlement this is making me poorly I’m feeling sick to stomach everyday and my anxiety is through the roof 

If they offered a settlement that is usually a sign that they are not confident in their case.

Really well that’s good to know they are bully’s 

Marley22

95Rollers said:

How will they know its "not you"? Do they know you and how you talk or your knowledge base on your rights etc?!?  Just chop it down a bit to the first bit along the lines of:

You wish to decline the offer of the Mediation process due to not answering yes to any of the 3 criteria questions.

Stating that you were initially open to the prospect of mediation but on finding out more on the process following advice you do not feel its appropriate because you wish to completely contest their claim.

You could say you thought it was mandatory abd felt pressured, but since further research and developments in your Defence the offer of mediation is not relevant. 

That is exactly what I am going To say that is perfect 

Snakes_Belly

Mediation is not suited to these type of claims. It is more suited to an insurance claim where liability has been admitted but the amount of the claim is in question. 

Excel are a very litigious company and will pursue claims through the courts sometimes pulling out at the last minute. They are beatable at court as their WS's are full of irrelevant waffle. Their reps are often give a bruising by the judge as they are ill prepared.