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County court claim issued from Elms legal on behalf of Excel parking.

I have been issued a County court claim from the county court business centre on behalf of Elms legal and Excel parking ltd.
I ignored the initial leters and threatening leters from said debt collectors. I had then recived a letter before claim which I futher ignored (not the best idea). I have now recived a county court claim on the 26/04/2022 and I filed an AOS today on the 28/04/2022. The claim against me states I was parked within an Excel carpark, (newhall, sutton coldfield). The car park registration was entered into the system at aldi, in where you can park for free after registering your details. The ANPR system registered the vehicle arriving at 9.13am and leaving the car park at 12.28pm on the 12/11/2021 even though I was not in the car park for this duration. I have receipts of purchase from aldi proving the time I was there.

I have read through the NEWBIES thread and appologise if i have missed anything. I have started to create a defence from the template identified in section #2 of the newbies thread. Is there any further information i need to add to create a more solid defence claim?

cheers.

Comments

  • KeithP
    KeithP Posts: 41,228 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 28 April 2022 at 6:52PM
    I have been issued a County court claim from the county court business centre on behalf of Elms legal and Excel parking ltd.
    I have now recived a county court claim on the 26/04/2022 and I filed an AOS today on the 28/04/2022.
    You say that you received a County Court Claim on 26th April, but I am going to assume that 26th April was the Issue Date on the Claim Form and you received it either today or yesterday. Please confirm that.

    With a Claim Issue Date of 26th April, and having filed an Acknowledgment of Service on 28th April, you have until 4pm on Thursday 26th May 2022 to file your Defence.

    That's 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 at the second post in the NEWBIES thread.
    Don't miss the deadline 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'.
  • Umkomaas
    Umkomaas Posts: 42,897 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You said in your other post (on the thread you jumped in on) that this claim was against your mother - is that correct?  If so, you cannot do this officially on her behalf. Everything in her name, including her attendance at court. You can do the spadework, but it's her case to take responsibility for. 

    Can you confirm one way or another to avoid us all potentially disappearing down the wrong rabbit hole here. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umkomaas said:
    You said in your other post (on the thread you jumped in on) that this claim was against your mother - is that correct?  If so, you cannot do this officially on her behalf. Everything in her name, including her attendance at court. You can do the spadework, but it's her case to take responsibility for. 

    Can you confirm one way or another to avoid us all potentially disappearing down the wrong rabbit hole here. 
    yes this is correct. Everything will be in my mothers name, I just thought it would be easier to talk first hand within the forum, to save any unnecessary confusion. She will be taking full responsibility, I am just doing the works for her.
    cheers.
  • KeithP said:
    I have been issued a County court claim from the county court business centre on behalf of Elms legal and Excel parking ltd.
    I have now recived a county court claim on the 26/04/2022 and I filed an AOS today on the 28/04/2022.
    You say that you received a County Court Claim on 26th April, but I am going to assume that 26th April was the Issue Date on the Claim Form and you received it either today or yesterday. Please confirm that.

    With a Claim Issue Date of 26th April, and having filed an Acknowledgment of Service on 28th April, you have until 4pm on Thursday 26th May 2022 to file your Defence.

    That's 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 at the second post in the NEWBIES thread.
    Don't miss the deadline 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'.
    Yes sorry I recieved the claim letter within the post today. Okay thanks for the advice, ill carry on following on with the defendant letter.
    thankyou 
  • Umkomaas
    Umkomaas Posts: 42,897 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Umkomaas said:
    You said in your other post (on the thread you jumped in on) that this claim was against your mother - is that correct?  If so, you cannot do this officially on her behalf. Everything in her name, including her attendance at court. You can do the spadework, but it's her case to take responsibility for. 

    Can you confirm one way or another to avoid us all potentially disappearing down the wrong rabbit hole here. 
    yes this is correct. Everything will be in my mothers name, I just thought it would be easier to talk first hand within the forum, to save any unnecessary confusion. She will be taking full responsibility, I am just doing the works for her.
    cheers.
    It was just the I, I, I, I, I in your opening post that raised the concern. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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