Claim Form - Excel Parking Services

Tiko123 · 14 January 2020 at 2:01PM

Hi all,

I have read a number of previous threads including the the 'Newbies' thread as directed, but I am still a little lost as to whether I should risk defending the claim and if I do, what to include in my defence.

Claim From dated: 30/12/2019. Claimant: Simon Renshaw- Smith. Claim Cost: £150.
Particulars: breach of contract for breaching T & C's- parked without displaying a valid ticket/permit.

Circumstances: parking paid for using RingGo app, which kept failing. When asked to select a recent session I did so, but the app registered parking against my previous vehicle (which I was unaware of at the time) I have proof of parking sessions and payment on the app, proof of payment on bank account and also proof of sale of old vehicle. When using the app, there is no requirement to display a ticket/ permit.

Previous Action: Immediate appeal on receiving PNC, this was declined. I have requested a SAR, as after my appeal was denied I received only one letter advising the discounted payment term had lapsed and the fine had now increased. I have not received any other chasers since this.

Should I appeal to the BPA or is too late now I have the Claim Form? I have not responded to the Claim form and wondering if I have a valid defence before responding. Initial response required by the 18th Jan.

Any help would be much appreciated.

Thank

Le_Kirk · 14 January 2020 at 2:05PM

Is it a claim form from Northampton CCBC or a letter of/before claim from the parking company?

Redx · 14 January 2020 at 2:16PM

The BPA have nothing to do with Excel , haven't done for years

Did this claim form come from the CCBC in Northampton ?

If so , read the newbies faq sticky thread near the top of the forum , email a SAR to the DPO at Excel and attach a copy of the claim form to it

Post the charges breakdown plus total , because the PCN would have been £100 or less , not £150

The_Deep · 14 January 2020 at 2:18PM

Claim cost £150

i.e. unlawful amount of £50 added, read this.

https://forums.moneysavingexpert.com/showthread.php?t=6014081

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]

Tiko123 · 14 January 2020 at 2:25PM

Hi there,

I have received a Claim Form from County Court Business Centre.

Total Claim is actually £155
Amount Claimed £130
Court Fee £25.00

Tiko123 · 14 January 2020 at 2:29PM

The BPA website show Excel as a registered member of their governing body.

I have requested a SAR from Excel DPO, no response as of yet.

Claim from is from money cliams online: county court business centre NN1 2LH

Le_Kirk · 14 January 2020 at 2:29PM

The date you gave in post # 1 of 30/12/19 - is that the issue date? If so, KeithP will be along to advise you of your deadlines and some other useful info but you need to (unless already done) complete the AoS via MCOL and also read the NEWBIE sticky post # 2 to learn about the process of the AoS (dropbox link) and read some defences. Hopefully you have a Government Gateway account and there is log-in and password info on or with the claim form.

Redx · 14 January 2020 at 2:33PM

Tiko123 wrote: »

Hi there,

I have received a Claim Form from County Court Business Centre.

Total Claim is actually £155
Amount Claimed £130
Court Fee £25.00

So what was the PCN and signage figure ?

Must have been £100 or less , not £130 , so what is the added charge for and how much is the added charge to make it £130

I doubt that a BPA complaint will be of any help at all as Excel are IPC members

KeithP · 14 January 2020 at 3:05PM

Tiko123 wrote: »

Claim From dated: 30/12/2019.

With a Claim Issue Date of 30th December, you have until Monday 20th January to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. To file an AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having filed an AoS, you have until 4pm on Monday 3rd February 2020 to file your Defence.

That's nearly three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

When you are happy with the content, your Defence could be filed via email as suggested here:

Sign it and date it.
Scan the signed document back in and save it as a pdf.
Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.

Having filed your Defence, there is more to do...

Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
Wait for your own Directions Questionnaire from the CCBC, or download one from the internet, and then complete it as described by bargepole in his 'what happens when' post.
The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.

nosferatu1001 · 14 January 2020 at 3:07PM

Excel are "round logo" members of the IPC, and its the round logo that matters, nothing else.

Have you acknowledged the claim yet? if NOT then this is KEY
Do it today. no delays

Go online and follow the instructions on the claim form OR just use the handy guide in the newbies thread.

You MUST do this. Impreative.

Tiko123 · 15 January 2020 at 3:13PM

Hi all,

Thank you for your help to date.
Can you advise if you think my Claim is worth defending given the circumstances of the 'breach' please?

Thanks

Claim Form - Excel Parking Services

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