Parking charge notice

jedugirl

Coupon-mad said:

No that's not it. Greenwood has nothing to do with your case.  Look again at your first results.

Oh dear.. struggling a bit to find it..

I stumbled on this

says the signs were Excel and the ticket was from VCS. Aren't they separate companies? Signs in this link says Excel.

Picked up by @Fruitcake here and nothing in the WS to draw the court's attention to this.

21 December 2022 at 3:33PM

Put in your WS at #7 that they are separate and VCS can't make a claim on behalf of Excel as they are separate legal entities. One is not owned by the other.

Excel Parking Services Limited - Company Number 02878122

Vehicle Control Services Limited - Company Number 02498820

Coupon-mad

says the signs were Excel and the ticket was from VCS.

Yep, same as your case.  I don't think your PCN was from Excel.  And the headline name on your sign is Excel.

 Aren't they separate companies? 

Yes, that's the point.

Please look again.  I saw the defence wording you need literally in the first page of results (twice) when I did the search.

jedugirl

Coupon-mad said:

says the signs were Excel and the ticket was from VCS.

Yep, same as your case.  I don't think your PCN was from Excel.  And the headline name on your sign is Excel.

 Aren't they separate companies? 

Yes, that's the point.

Please look again.  I saw the defence wording you need literally in the first page of results (twice) when I did the search.

Found this ..

'The claim was made in the name Vehicle Control Services Ltd. (Company No. 04298820), whereas the signage displayed at the material location in question was, and is, in the name of Excel Parking Services Ltd. (company No. 02878122), a separate legal entity.  Any contract in a private car park can only be formed by signage and it is therefore submitted that if there was any contract, it would have been between Excel and the Defendant. The Claimant were not a party to such a contract and cannot sue on it.

is it the right one please?

jedugirl

Also @KeithP suggested to the poster to change the last sentence to 

Any contract in a private car park can only be formed by signage and it is therefore submitted that if there was any contract, it would have been between Excel and the driver. 

Coupon-mad

Yes!  All done.

Make them prove their case (and they'll have to include the PCN in the evidence later).

jedugirl

Coupon-mad said:

Yes!  All done.

Make them prove their case (and they'll have to include the PCN in the evidence later).

Phew 😃 finally got it

Please can I add this as well or wait to add to witness statement

‘’ DVLA data is only supplied to pursue parking charges if there is an agreement flowing from the landholder (ref: KADOE rules). It is not accepted that the Claimant has adhered to a defined enforcement boundary, grace period or exemptions (whatever the landowner's definitions were) nor that this Claimant has authority from the landowner to issue charges in this specific area. The Claimant is put to strict proof of all of this, and that they have standing to make contracts with drivers and litigate in their own name, rather than merely acting as agents’’

Coupon-mad

Yes you can add that.  All good.

jedugirl

Coupon-mad said:

Yes you can add that.  All good.

Thanks so much for the assistance, I’m about to send Defence, can I check that the email to send it to is still ClaimResponses.CNBC@justice.gov.uk, please?  got it off the second post in newbies thread 

also do I go on MCOL and click on create defence after sending the email please?
apologies in advance if this has already been answered.

KeithP

jedugirl said:
I’m about to send Defence, can I check that the email to send it to is still ClaimResponses.CNBC@justice.gov.uk, please?  got it off the second post in newbies thread 

The second post of the NEWBIES thread is of course as up to date as it can be.

jedugirl said:

also do I go on MCOL and click on create defence after sending the email please?
apologies in advance if this has already been answered.

No definitely not.
You already have the answer on your very own thread on the day you started this thread.

For your convenience, here is part of that earlier reply...

KeithP said:

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'.

Might be worth reviewing some of the earlier replies you received before making a real blunder.    

jedugirl

KeithP said:

jedugirl said:
I’m about to send Defence, can I check that the email to send it to is still ClaimResponses.CNBC@justice.gov.uk, please?  got it off the second post in newbies thread 

The second post of the NEWBIES thread is of course as up to date as it can be.

jedugirl said:

also do I go on MCOL and click on create defence after sending the email please?
apologies in advance if this has already been answered.

No definitely not.
You already have the answer on your very own thread on the day you started this thread.

For your convenience, here is part of that earlier reply...

KeithP said:

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'.

Might be worth reviewing some of the earlier replies you received before making a real blunder.    

I appreciate that. Thank you all so much