Excel Parking PCN Crown St Leeds - i paid for parking, admittedly short

KeithP

With a Claim Issue Date of 11th February, you have until Monday 3rd March 2025 to file an Acknowledgment of Service('AOS'), but there is nothing to be gained by delaying it. 

To file an AOS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AOS in a timely manner, you have until 4pm on Monday 17th March 2025 to file a Defence.

That's nearly three 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 AOS guidance.

Don't miss the deadline for filing an AOS, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an AOS has been filed, the MCOL website should be treated as 'read only'.

Wigan_Pieman said:

I also cant access Dropbox as i only have access to a work laptop / phone, and for security reasons i cannot access public dropbox sites, so unable to read some of the documents provided

Are you saying here that the only internet access you have is through your work's supplied devices?
Do you not have access to any brother, sister, cousin, neighbour, who has their own phone/computer who could advise you?
Alternatively, just follow your nose... completing an Acknowledgment of Service is quite straightforward. Complete a paper version and return it by post if you like.

Wigan_Pieman

Nellymoser said:

Can you post image of the PoC on the Claim Form (bottom left) cover your reg no. What is the issue date.

Have you looked at the Template Defence thread at the top of the forum? The defence is written and advises what you need to add/change. It's very little. No evidence goes in your defence keep it for your witness statement which is submitted later on.

have found the template defence, and looks like just para 3 to be updated. i havent copied and pasted the rest as i havent amended any of it

Thanks
mark

IN THE COUNTY COURT

Claim No.:  XXX

Between

Excel Parking Services Limited

(Claimant) 

- and -  

The Defendant                        

 (Defendant)

_________________

DEFENCE

 

1.  The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was in breach of any term.  Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC').

 

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver.

 

3. The defendant parked at Excel Parking Services Ltd, Crown St in Leeds on 22/09/2024. The defendant paid for parking when leaving the car park.

The defendant appealed to Excel Parking Services and also the ombudsmen who rejected the appeal and refused to cancel the imposed fine.

KeithP

Is that the real Claim Number you have shown us all?

Have you used your real name as your forum username?
If so, you may want to get your forum username changed to something completely anonymous.
I can't find it now but a little while ago MSE's forum rules used to say...

Can I change my username?

In most circumstances, we don't allow this.

The only reason we will change your username is if it puts your privacy at risk e.g. you've inadvertently registered using your name, email address or something which gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com your current username, the email address you registered with and three alternative usernames in order of preference.

Have you seen this banner across the top of every page on this part of the forum?...

Nellymoser

Well spotted by @KeithP.
@Wigan_Pieman now you can edit your posts, edit the 27th Nov you'll see what needs changed once you click on 'show previous quotes'.

I can give little advice on defences but you may find newbie_2517 thread helpful the PoC are same as yours.

https://forums.moneysavingexpert.com/discussion/6589260/excel-parking-dcblegal-defence-advice-paying-outside-of-the-10-minute-time-upon-entry 

Wigan_Pieman

so i now have my N180 form to complete and send to CNBC and the DCB legal team

do i need to do anything else at this point, or just wait for mediation to take place? I've just looked at the link provided above and can see the 12 step process (although its a photo) and am at step 8 & 9.

Gr1pr

You seem to have understood correctly 

Wigan_Pieman

reet, so had my mediation call today
They offered to reduce the fine from £260 to £235. I counter offered £15 based on it will have taken them no longer than 30 minutes to have pulled the template and info together. I work in IT and understand databases / spreadsheet and used to work on CCTV, so know how easy it is to scroll to date / time. Mediator being fair put the offer to them, but was rejected. they also asked how much i'd paid for my parking, so i said that's not their claim, they are only claiming i didnt pay within 10 minutes, and i'll be using my payment in my evidence

so off to court we go

Wigan_Pieman

i've just received an offer of settlement £100

i trust i can just reject this and say i am happy to proceed to court?

i have a date in September but am requesting an adjournment as i am on holiday, so am filling in a N244 to request an alternative date

Gr1pr

Reject it,  especially if you paid in full for the full period of time on site 

Or ignore it,  especially if DCB Legal sent it

Wigan_Pieman

Gr1pr said:

Reject it,  especially if you paid in full for the full period of time on site 

Or ignore it,  especially if DCB Legal sent it

thanks, yes, received from DCB Legal . Will ignore