Parking charge notice

jedugirl

Hello
I’m new here and after a bit of advice on what to do regarding a recent parking charge notice
Apologies in advance if I have posted on a wrong thread

In November last year i received a PCN from Excel parking for £100, £60 if paid within either 14 or 28 days , can’t seem to remember the exact number of days.

the parking charge notice says I parked without payment of the parking tariff for the vehicle registration mark of the vehicle on Site
it was a private car park close to Wythenshawe Hospital. I parked there when I couldn’t find parking within the hospital premises to attend antenatal appointments 

it was initially sent in my partner’s name as he is the registered keeper of the vehicle however I appealed and said I was the driver and that I must have put an incorrect registration number because I paid and displayed the ticket on the dashboard of the car
They asked for me to upload a picture of the ticket I bought but I couldn’t as I had already disposed of it

They did send a few letters afterwards which I missed as moved in with my sister to help me with new baby

I have since returned home and missed all the letters that was sent .
it was transferred to a debt collection company called vehicle control services and it’s now been transferred to Elms Legal limited.

Yesterday I got a claim form  from money claims CCBC saying to respond in 14 and really panicking on what to do

I stumbled on this website and thought to post and see what sort of advice I can get.
please help 🙏🏼 

Coupon-mad

We can help. We do these every day and people invariably win. Date of issue of the claim?

jedugirl

Thanks so much. Claim issue date was 26.03.2024

KeithP

jedugirl said:

Claim issue date was 26.03.2024

With a Claim Issue Date of 26th March, you have until Monday 15th April 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 29th April 2024 to file your Defence.

That's over 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'.

KeithP

Can you please show us the Particulars of Claim from your Claim Form?
With personal detail like vehicle reg no hidden of course.

jedugirl

Sure will type up details of the claim shortly @KeithP

jedugirl

Particulars of Claim

The claim is for breach of contract for breaching the terms and conditions set on private land. The defendant’s vehicle XXXX was identified in the Floats Road car park on the 12.10.23 in breach of the advertised terms and conditions; namely Parked without purchasing a valid Pay & display ticket for VRM. At all material times the Defendant was the registered keeper and/or driver.  The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was the acceptance the offer hereby entering into a contract by conduct. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the defendant has failed to settle the outstanding liability. The claimant seeks the recovery of the parking charge notice, contractual costs and interest.

Amount claimed 170
court fee 35
legal rep cots 50
total amount 255

GrumpyDil

You will receive excellent support in helping deal with this on the site. 

One thing I have noticed is that the particulars of claim state "The sign was the offer and the act of entering private land was the acceptance the offer" which I've called out as I don't think I have seen that wording before and am wondering about any merit in pointing out that entering private land after driving past a sign which I suspect was printed in the usual size font, meaning you couldn't have read the wording in full before entering the site can't realistically be acceptance. 

jedugirl

GrumpyDil said:

You will receive excellent support in helping deal with this on the site. 

One thing I have noticed is that the particulars of claim state "The sign was the offer and the act of entering private land was the acceptance the offer" which I've called out as I don't think I have seen that wording before and am wondering about any merit in pointing out that entering private land after driving past a sign which I suspect was printed in the usual size font, meaning you couldn't have read the wording in full before entering the site can't realistically be acceptance. 

Thanks, I welcome any support I can get please. I can’t believe a £100 PCN now £255

jedugirl

KeithP said:

jedugirl said:

Claim issue date was 26.03.2024

With a Claim Issue Date of 26th March, you have until Monday 15th April 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 29th April 2024 to file your Defence.

That's over 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'.

Please where do I find the defence in the newbies section the post has a link which comes up as 

Sorry.

This URL has been excluded from the Wayback Machine.

Coupon-mad

It's linked in the NEWBIES thread second post and the link always works.