Excel Parking Letter of Claim

edited 31 July at 8:16PM in Parking Tickets, Fines & Parking
100 replies 1.5K views
Bonez257Bonez257 Forumite
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Good Evening All,

I have received a Claim Form from Excel Parking Services LTD for a fee of £245 (160 for amount claimed, 35 court fee and 50 for legal representative costs). I have been through the forum and looked at suggested template defence for all parking charges and am still unsure of what to do. I had a LBC sent last year and then a notice of instruction a few weeks ago. I went through the forum and followed the newbies guide to ask for a SAR, reported the solicitors to the SRA and have still got a LOC. Can anyone suggest what defence I can give? I didn't take pictures of signs or anything and tbh I don't really have a defence.

Thank you in advance
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Replies

  • edited 31 July at 8:12PM
    FruitcakeFruitcake Forumite
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    edited 31 July at 8:12PM
    Telling the whole world on a forum monitored by unregulated parking companies that the driver failed to pay when they should have done is not a good idea.

    You need to get pics of the site and signage and check the NTK to see if either are capable of holding the keeper liable. You need to determine if the signage or NTK is capable of holding the keeper liable, then put that in paragraphs 2 and 3 of the defence template.


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  • edited 31 July at 8:12PM
    KeithPKeithP Forumite
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    edited 31 July at 8:12PM
    What is the Issue Date on your County Court Claim Form?

    Is this related to your now closed earlier thread?...
    forums.moneysavingexpert.com/discussion/5995361/letter-of-claim-csb-solicitors/p1
  • Bonez257Bonez257 Forumite
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    Fruitcake said:
    Telling the whole world on a forum monitored by unregulated parking companies that the driver failed to pay when they should have done is not a good idea.

    You need to get pics of the site and signage and check the NTK to see if either are capable of holding the keeper liable. You need to determine if the signage or NTK is capable of holding the keeper liable, then put that in paragraphs 2 and 3 of the defence template.


    Im sorry I just wanted to be honest and thanks ill get them tomorrow.
  • Bonez257Bonez257 Forumite
    73 Posts
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    KeithP said:
    What is the Issue Date on your County Court Claim Form?

    Is this related to your now closed earlier thread?...
    forums.moneysavingexpert.com/discussion/5995361/letter-of-claim-csb-solicitors/p1
    28 JUL 2021.

    No this is unrelated
  • D_P_DanceD_P_Dance Forumite
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    I have received a Claim Form from Excel Parking Services LTD for a fee of £245 (160 for amount claimed, 35 court fee and 50 for legal representative costs).

    Some of that is almost vetainly unlawful, read this and complain to your MP.

    Excel v Wilkinson


    At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.
    https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0


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  • edited 1 August at 9:01AM
    RedxRedx Forumite
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    edited 1 August at 9:01AM
    So AOS online by logging into MCOL , do nothing else on there , no filling in the defence box because you will be emailing your defence to the CCBC when completed and approved. You have already sent your SAR , so good 👍👍

    The Coupon mad Defence template is pre written for you and only needs your input on paragraphs 2 and 3 , the rest is complete

    Post your draft paragraphs 2 and 3 below for critique and feedback , we will assist you

    Everybody has a legal defence , even if they don't know it yet !! Read this VCS one for inspiration

    https://forums.moneysavingexpert.com/discussion/6285582/county-claim-vcs#latest

    And this one. https://forums.moneysavingexpert.com/discussion/6256254/county-claim-form-vehicle-control-services-ltd/p4

    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • UmkomaasUmkomaas Forumite
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    Bonez257 said:
    KeithP said:
    What is the Issue Date on your County Court Claim Form?

    Is this related to your now closed earlier thread?...
    forums.moneysavingexpert.com/discussion/5995361/letter-of-claim-csb-solicitors/p1
    28 JUL 2021.

    No this is unrelated
    You left that thread hanging, unresolved.  Why no feedback on it?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • Bonez257Bonez257 Forumite
    73 Posts
    Second Anniversary 10 Posts Name Dropper
    D_P_Dance said:
    I have received a Claim Form from Excel Parking Services LTD for a fee of £245 (160 for amount claimed, 35 court fee and 50 for legal representative costs).

    Some of that is almost vetainly unlawful, read this and complain to your MP.

    Excel v Wilkinson


    At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.
    https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0


    Thats brilliant i will do that now, thank you
  • Bonez257Bonez257 Forumite
    73 Posts
    Second Anniversary 10 Posts Name Dropper
    Redx said:
    So AOS online by logging into MCOL , do nothing else on there , no filling in the defence box because you will be emailing your defence to the CCBC when completed and approved. You have already sent your SAR , so good 👍👍

    The Coupon mad Defence template is pre written for you and only needs your input on paragraphs 2 and 3 , the rest is complete

    Post your draft paragraphs 2 and 3 below for critique and feedback , we will assist you

    Everybody has a legal defence , even if they don't know it yet !! Read this VCS one for inspiration

    https://forums.moneysavingexpert.com/discussion/6285582/county-claim-vcs#latest

    And this one. https://forums.moneysavingexpert.com/discussion/6256254/county-claim-form-vehicle-control-services-ltd/p4

    Thank you 
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