Excel Parking LBC following PCN after 14 days

KeithP

Did you remember to send a copy of your completed Directions Questionnaire to the Claimant?

Grizebeck

KeithP said:

Did you remember to send a copy of your completed Directions Questionnaire to the Claimant?

Although this should be done, it doesn't matter if it isn't
DQ processing are always behind at the CCBC 

westcoast888

KeithP said:

Did you remember to send a copy of your completed Directions Questionnaire to the Claimant?

Yes thanks Keith, i did it on the same day as i sent the form to the courts. 

westcoast888

so a quick update in chronological order

1 An 'URGENT NOTICE OF JUDGEMENT IN DEFAULT from ELMS legal. It goes on to say that a default judgement was entered against me because i didnt respond within 14 days and now the unresolved debt stands at £257 and that i must phone them and pay them. It goes on to read that if i fail to contact them in regard to this CCJ against me it will impact my credit rating etc.
Quite a misleading letter as the court venue or date hasn't even been set.

2 A letter from excel informing me that ELMS legal are no longer acting on their behalf and they will be acting for them selves. They also make a 'without predudice' offer to reduce the £235 to £197

3 Letter from my local court to inform me that the case has been transferred there.

4 Letter from my local court informing me of allocation to the small claims track. A date in May is advised

5 Letter from Excel. they explain the matter has proceeded to the small claims track. they bang on that they have a strong case against me but are offering a reduced settlement charge of £201. apparently if i choose not to accept this offer they will seek further  costs of £220 becuse they will have to instruct a local solicitor. 

I was pretty sure costs like this cannot be claimed. Is this correct?

6 Witness statement by a paralegal from excel received which includes my defence and most correspondance between them and me but no correspondance between ELMS and me.

So i guess its now time to think about the witness statement then! it needs to be submitted by 8th march

Coupon-mad

Extra costs cannot be claimed unless you act 'wholly unreasonably', such as not turn up to a hearing or fail to file & serve the detailed WS and evidence that the Hearing Letter gives both parties a deadline for (you say 8th March so a week or so to get that done).

Any rubbish in their WS? Undated photos?

westcoast888

im trawling through it now. Shall i post it on here?  im obviously no expert so not really sure what to look for. one thing that i thought was interesting was that their 'terms and conditions of contract' between them and the land owner is out of date but the date has been altered

westcoast888

the WS mentions the penalty charge many times in the 94 paragraphs but get the amount wrong (or different) many times!

Coupon-mad

one thing that i thought was interesting was that their 'terms and conditions of contract' between them and the land owner is out of date but the date has been altered.

the WS mentions the penalty charge many times in the 94 paragraphs but get the amount wrong (or different) many times!

Both are relevant and you can attack that in your WS.  Please don't show us their template WS in full.  Seen it before!

Fruitcake

Upload their WS to Dropbox or similar (make sure it doesn't need a password or any other impediments for us to access) and post the link here.

Redact personal data but leave everything else including information that is already in the public domain.

westcoast888

Is it interesting that none of the threatening correspondance from ELMS legal is NOT in the bundle? i found that their tactics were very threatening and could persuade people in a similar position to just pay up. I was hoping to include these letters to demonstrate the bullying tactics