Excel Parking, Derby - about to prepare defence
I'm at the point now where I'm about to prepare a defence against Excel Parking in relation to a claimed contravention at their site on Copeland Street, Derby. The following is a summary of how I got here. The purpose of my post is to seek advice from the good people on here - general advice is of course welcomed, but in particular:
1. Is there anything else I should do beyond what I've already done, or intend to do (described below)?
2. Is there anything obvious around which I should build my defence, given the information below?
First things first: I am the registered keeper of the vehicle, and the driver. I didn’t read the MSE forum until part way through this process . I point out when I did read it, below.
Received an NTK from Excel, issued 06/06/2023. This sat, unopened, in my letter tray as I thought it was junk mail.
Received another NTK from Excel, marked ‘FINAL REMINDER’, issued 05/07/2023. Upon opening this, found and opened ‘original’ NTK.
I didn’t complain to the retailer (remember, I hadn’t read the MSE Forum advice at this stage). I understand, in any case, that Jumpin Fun - the premises adjacent to this car park - have been unsuccessful in getting such PCNs cancelled.
Appealed through myparkingcharge.co.uk (I still hadn’t read the MSE Forum advice at this stage). My appeal centred on the knowledge that I’d bought a ticket from the machine and displayed it (more detail in the linked SAR response below), despite the NTK stating my contravention as ‘parked without payment of parking tariff’ – more on this later!
Appeal confirmed as being unsuccessful.
At this point, I read the NEWBIES thread – thank you!
Received increasingly aggressive ‘DEMAND FOR PAYMENT’ and ‘PAYMENT DEMAND’ letters from Excel. Did nothing.
Received LBC from Excel. Sent letter to Excel legal department stating that I was seeking debt advice and requesting matter to be put on hold for 30 days. I followed exactly the advice provided on this forum at the time (which appears to have changed slightly since).
Emailed a Subject Access Request, again as per the advice on this forum at the time – the response to which I have redacted and linked here https://www.mediafire.com/file/2fgx981nr3baimn/SAR_redacted.pdf/file (sorry for rubbish file hosting), which hopefully reflects the above summary and provides some additional information. It was only through the SAR response that Excel revealed that I had, in fact, bought a ticket but had done so 16 minutes after entry. I can’t and don’t intend to dispute this fact.
Received ‘Notification of Instruction’ from ELMS Legal, instructed by Excel. Interestingly, this is much friendlier in tone than anything received directly from Excel – presumably a deliberate tactic to lure victims into paying up! Did nothing.
Received MCOL. My next steps will be to acknowledge service and prepare a defence using the advice on this forum and anything received in reply to this post.
Thank you in advance,
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