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County claim from Excel

On 21/8/23 I parked in a private car park and didn’t buy a ticket as the machine was cash only and I had none, and was already late for an appointment . When I came back there was a blue “privacy notice” on the car but no ticket. I’ll say at this point that if I’d just received a ticket I would have payed - I took a chance on not being caught and it didn’t work out. 
I didn’t know what to expect but assumed I’d get a demand in the post. I didn’t receive anything until 25/9 which said due to no response to the previous letter (not received ) I now had to pay £70. 
So - following some not great advice from elsewhere - I ignored it, and all the subsequent PCN’s including 2 letters from ELMS legal. 
I’ve now received a county court claim form and I have to admit I didn’t expect them to pursue it this far so I feel very unprepared. My instinct is to just pay it (£225) as I don’t feel I have grounds to contest it. I’ve read the newbie threads as far as I can but can’t find much that is relevant to my case. 
Any advice would be much appreciated!
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Comments

  • Coupon-mad
    Coupon-mad Posts: 129,419
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    edited 12 February at 3:26PM
    Why would anyone pay a parking claim? Dead easy to defend. See the NEWBIES thread.

    Show us ONLY the 'Particulars of Claim'. Redacted.
     
    And what's the Date of Issue of the claim?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 37,113
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    Hello and welcome.

    What is the Issue Date on your Claim Form?

    Have you filed an Acknowledgment of Service?
    If so, upon what date did you do so?
    Your MCOL Claim History will have the definitive answer to that.

    It would help greatly if you can show us the Particulars of Claim from your Claim Form.
    If showing us a picture, please take care to remove your personal information - e.g. reg.no., password, claim number.
  • llynwen
    llynwen Posts: 3
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    Hi Thanks for responding KeithP and Coupon-mad. I haven’t filed an acknowledgment of service - I received the claim form on Friday.
    I did look at the newbie’s thread but I couldn’t see what defence I could offer - I was parking without a ticket and can’t prove that I never received the first of the many PCNs 




  • KeithP
    KeithP Posts: 37,113
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    With a Claim Issue Date of 5th February, you have until Monday 26th February to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 
    To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.
    Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 11th March 2024 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.
    Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.
  • Hmmm ... didn't receive an original NtK from Excel (a.k.a. VCS), eh?! Same for me. A pattern or a coincidence, do we think?
  • Castle
    Castle Posts: 4,064
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    I not seeing a location, perhaps the A11-A14 would be referring to the road numbers.
  • Debszzzz2
    Debszzzz2 Posts: 210
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    The A11 and the A14 join in Cambridgeshire. SA1 is the first part of a post code for Swansea. Therefore the PoC do not refer to any location of "relevant land". It is impossible to know the location of where alleged breach of contract by conduct occurred.

    The address provided by the Claimant as the location of an alleged agreement by conduct, as stated in the PoC, is not a valid or recognisable address. The lack of a valid address undermines the credibility and integrity of the Claimant's assertions and it renders the Statement of Truth of the claim questionable.

    This crucial discrepancy casts doubt on the accuracy and validity of the entire claim put forth by the Claimant. Given that the address of the location where the alleged breach of contract by conduct took place, crucially serves as a fundamental aspect of the claim and its invalidity raises serious concerns regarding the Claimant's ability to substantiate their case.

    The defence should include a preliminary matter for the allocating judge to exercise their discretion to strike out the claim pursuant to CPR 16.4(1)(a), a failure to provide a concise statement of the facts on which the claimant relies. The invalidity of the address undermines the Claimant's case to such an extent that it would be unjust to allow the claim to continue.

    As a matter of interest, what does the NtK state as the location?
  • Fruitcake
    Fruitcake Posts: 57,999
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    Perhaps SA1 A11 - A14 is a grid refence for the claimant's aircraft carrier in their version of the popular game of Battleships. 
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Castle
    Castle Posts: 4,064
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    A "blast from the past"-Swansea Waterfront car park.
    Excel parking charge notice - Page 2 — MoneySavingExpert Forum
  • Debszzzz2
    Debszzzz2 Posts: 210
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    Castle said:
    A "blast from the past"-Swansea Waterfront car park.
    Excel parking charge notice - Page 2 — MoneySavingExpert Forum
    That's as maybe. However, how is the Defendant supposed to understand the obscure reference to a specific car park by the sparse and incoherent details provided. It is not a valid or recognisable address.

    The Claimant may just as well submit the PoC 
    gobbledygook if that's the case.
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