LBC from excel - due tomorrow - help

thisistheworst

Hello, dropped the ball on timings. I have read the newbie thread, it's very useful, but I read it after already appealing. So, facts:

1) received PCN some time in June, violation seems to be because of taking too long to pay. Total time in car park was still less than amount paid for
2) Appealed, denied. Admitted I was the driver. I am not the keeper. This goes against the advice here, but I didn't know that, and even knowing it, I don't think I'd like to navigate this through the keeper.
3) received LBC and dropped the ball on replying (entirely my fault) - due tomorrow
4) The newbie thread says to submit SAR and then e-mail their solicitors, and NOT use reply forms. However, excel have sent me reply forms and a letter than explicitly states "we do not accept service of documents by email." No solicitors are mentioned, no email address to be found.

So what on earth do I do? Fill in the reply form stating "I do not know if I owe the debt" and "I am seeking advice"? 

I am happy to have my day in court and see what happens, but I'm worried about somehow allowing a default judgment because I mess up the admin.

Any and all help appreciated, thanks

B789

You email your response to litigation@excelparking.co.uk. If you need more time tell them that you require 30 days to seek debt advice although no debt is acknowledged.

Now go and read the Newbies/FAQ thread, second post, for all the other advice.

thisistheworst

B789 said:

You email your response to litigation@excelparking.co.uk. If you need more time tell them that you require 30 days to seek debt advice although no debt is acknowledged.

Now go and read the Newbies/FAQ thread, second post, for all the other advice.

Thanks, it was very helpful. Sent off that e-mail and a SAR that I need to re-send (didn't have utility bill...).

They responded almost immediately to my request for extension:

We have already given you 30 days when the letter of claim was sent.

The outstanding balance is now due, please visit [myparkingcharge website] or call 0845 226 9138 in order to make payment.

We will not acknowledge or respond to any further correspondence disputing the charge.

I've read the thread and think this is OK? Just means I need to prepare for court action. MCOL will come, that I acknowledge but respond to via email.

I really cannot fathom, after reading the thread, what the point of the LBC is, given that I've basically said "no, I need more time" and they've replied "no, we want money, and will not listen anymore." Is it just because if I didn't reply at all, they'd have been able to say I'm ignoring them, and get a default judgement?  Or was I supposed to email a detailed defence (that I'd rely on in court) straight to my opponents first? Very confused. I still have 1 day left on my deadline, although they've said they "don't accept service of documents by email."

Coupon-mad

thisistheworst said:

B789 said:

You email your response to litigation@excelparking.co.uk. If you need more time tell them that you require 30 days to seek debt advice although no debt is acknowledged.

Now go and read the Newbies/FAQ thread, second post, for all the other advice.

Thanks, it was very helpful. Sent off that e-mail and a SAR that I need to re-send (didn't have utility bill...).

They responded almost immediately to my request for extension:

We have already given you 30 days when the letter of claim was sent.

The outstanding balance is now due, please visit [myparkingcharge website] or call 0845 226 9138 in order to make payment.

We will not acknowledge or respond to any further correspondence disputing the charge.

I've read the thread and think this is OK? Just means I need to prepare for court action. MCOL will come, that I acknowledge but respond to via email.

I really cannot fathom, after reading the thread, what the point of the LBC is, given that I've basically said "no, I need more time" and they've replied "no, we want money, and will not listen anymore." Is it just because if I didn't reply at all, they'd have been able to say I'm ignoring them, and get a default judgement?  Or was I supposed to email a detailed defence (that I'd rely on in court) straight to my opponents first? Very confused. I still have 1 day left on my deadline, although they've said they "don't accept service of documents by email."

Please show us here, the LBC (your data and PCN ref redacted) and that email reply (your data redacted).

I'd like it for my submission to the Govt to show how much 'work' PPCs do at this stage!  Also, if you have the previous Final Demand please show an image of that too, with your data & PCN ref & car VRM covered.

And as well as showing those 2 or 3 letter images here, reply to Excel and point them back to the PAP for Debt Claims and tell them they actually have to extend the time by a further 30 days when a person is seeking debt advice, and if they are unsure of their position you suggest they Google 'ask a lawyer' as they clearly don't have any in their office who is able to interpret the PAP properly.  Tell them also that you dispute the alleged debt and how do you do that after the mandatory 30 day extension is up?


P.S.
you will not "get a judgment".  It doesn't work like that.