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Excel Court Action

Hi all,

I beleive iv read as much information as possible before posting.

Iv had many letters from excel parking services limited regarding an instance of not parking within a bay.

Essentially I have parked towards the end of a row of cars, but it turns out it was not actually a space.  The car to my left was the end space, there was then a space which i parked in, and another vehicle to my right. I paid to park, but have had letters for not parking within a bay. There was a white painted line to my left, but not to my right.

I have ignored all letters and have not identified the driver. Excel letters were replaced by ELMS legal debt collection letters, all of which were ignored.

I have now had a court letter claim form. I have filed an acknowledgement of service on the MCOL website whilst I work out my defence.

For information, all letters were in my name, I am registered keeper,  and I was driver (they dont know this). 

Excel are trade body accredited members, so have obtained my details legally, my questions are as follows...

The court letters name me as liable for CCJ, I have not named the driver, but is it legal for me as registered keeper to be held liable, despite not naming driver.

The driver has "breached contract" not keeper, as they are accredited trade body members, is this there get our of jail free card to assume registered keeper is liable?

I see the fine as unfair. Should i admit I was the driver, and use the fact I paid, and parked in between 2 other cars as much defence? The photos they have sent me shows that the other car that was parked to my right had gone so only shows me.

Prepared to go to court if required, 

Thanks

Comments

  • Gr1pr
    Gr1pr Posts: 9,576 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    I do not believe that the court letters name you as liable for a CCJ, no CCJ has happened yet,  just a Money Claim 

    Its legal if the claimant complied with POFA 2012, in England and Wales 

    They always use the alternative of assuming that the keeper was also the driver,  which will be in the POC

    It may be unfair,  millions are every year,  but this is litigation and they want people to breach their made up rules,  it's a corrupt unregulated industry 

    Post the Issue date from the top right of the claim form below,  plus post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

    Post the name of any lawyers named under the Excel box on the top left of the claim form below too
  • Coupon-mad
    Coupon-mad Posts: 154,188 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 September at 12:42PM
    Should i admit I was the driver, and use the fact I paid, and parked in between 2 other cars as much defence?
    Yes. Use the Template Defence as your base.

    Show us the Claim form, redacted.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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