County Court Claim Excel parking/BW Legal, in need of help!

angelfire · 8 January 2018 at 9:13AM

Hi everyone,

I posted on the Pepipoo forums yesterday but have been advised to come here for advice/help.

I have read the Newbies thread, but have received a County Court Claim and so it says I'm to start a new thread, so here it is!

Particulars of Claim

The claimants claim is for the sum of £100.00 being monies due from the Defendant to the Claimant in respect of a PCN issued on June/16 at (time stated) at Bryan House, Wigan ANPR Charging Scheme Std (60-100).

The PCN relates to Ford under registration L*** ***.
CN but the defendant failed to do so. Despite demand having been made, the defendant has failed to settle their outstanding liability.
The claim also includes statutory interest pursuant to the County Courts Act 1984 at a rate of 8% per annum daily rate of 0.02 from June 2016 to 01/01/2018 being an amount of £11.66. The claimant also claims £60.00 contractual costs pursuant to PCN T's & C's.

I have stupidly ignored and thrown previous letters, as I didn't think they were genuine, but I do seem to remember now a letter arriving with a photo of my vehicle.
As for the day in question, I'm not sure if it will have been myself driving, or my partner/family member. All I do know is that I don't ever park without a ticket, or as is more often the case, I use paybyphone. I do not know if the car park stated here uses that system or not.

I have been on to the MCOL site and acknowledged receipt of the claim, but have no idea how to build a defence? I am hoping to gather some help from others, if it is felt that I can somehow fight this, or at least part of the cost?

Thank you all in advance,

D

Edit to add: I have now read post 2 of the Newbies thread, but before I start to prepare a defence for others to peruse, I need more information about what they are actually taking me to court for. I need to know what, (If any), pics they have of my vehicle for a start. How do I go about getting this info? Who do I write to or call, would it be BW Legal or Excel Parking themselves?
How do I decide whether signage on the car park is appropriate and indeed, it was so long ago, it could have been changed since the alleged occurred?

angelfire · 8 January 2018 at 12:05PM

So I have read the Newbies Post 2 and onwards several times now and been to search for other similar cases. I have copied and pasted into a document for my own use, any good advice and tried to decipher what I should do first and it looks like I need to do a Section 18 request?

I have found this as an example:

To [Claimants Solicitor]

I write with regards to the above mentioned County Court Claim. Please answer the following questions:-

1. What is the basis of the claim? Is [Claimant] making a claim as an agent of the landowner or is [Claimant] making the claim as occupier in their own right?
2. Is the amount claimed by [Claimant] for a genuine pre estimate of loss for a breach of contract or a contractual sum?
3. If the contract has been conveyed by the use of signage on site, please provide copies of the signs on which you rely and confirm these are the signs in situ on the date of the event. Please also provide the date these signs were installed, for example, a works schedule, maintenance record or invoice for the work.
4. Were there signs at the entrance to the site on the date in question? Did these meet the British Parking Association's Code of Practice Appendix B (Entrance signs) or the Independent Parking Committee’s Schedule 1 (Please indicate)
5. A copy of the PCN Terms and Conditions

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU. I also require that answers to these questions be verified by a Statement of Truth by an authorised signatory of [Claimants Solicitor]

I do not remember receiving a Notice to Keeper - should I be asking for a copy of that?

Should I be asking for any photos they have?

Is there anything else I have missed from this?

Do I send this to BW Legal or Excel Parking?

I'm assuming that I need to build my defence based on what they send back, if anything?

If anyone can I help, it really would be appreciated!

Many thanks!

nosferatu1001 · 8 January 2018 at 12:30PM

Part 18 (not section) does not apply to small claims. They will simply refuse.

Did you get a Letter Before Action? Yes or No.
If Yes, when was this sent? After October 1st?

Eitehr way, you should immediately ask for the follwing documents to narorw the issues under dispute:
1) A copy of the alleged contract entered into, i..e copies of signage
2) a copy of the notice to keeper they allege was sent
3) a copy of the contract authorising them to offer parking at X site, in their own name, and to pursue the matter to court.

etc

Then while this is happening you build your defence. Go get your own photos, look on Google Street view, etc. Whatever you can to help

All communication is via their solicitor. Thats what theyre paid to do.

Issue date?

System · 8 January 2018 at 12:42PM

How long was the overstay? Bryan House has a 10 minute grace.

There is no pay by phone. There is pay by phone if you look at the signs there. Missed it.

angelfire · 8 January 2018 at 12:49PM

nosferatu1001 wrote: »

Part 18 (not section) does not apply to small claims. They will simply refuse.

Did you get a Letter Before Action? Yes or No.
If Yes, when was this sent? After October 1st?

Eitehr way, you should immediately ask for the follwing documents to narorw the issues under dispute:
1) A copy of the alleged contract entered into, i..e copies of signage
2) a copy of the notice to keeper they allege was sent
3) a copy of the contract authorising them to offer parking at X site, in their own name, and to pursue the matter to court.

etc

Then while this is happening you build your defence. Go get your own photos, look on Google Street view, etc. Whatever you can to help

All communication is via their solicitor. Thats what theyre paid to do.

Issue date?

Issue date was 5th January

I may have received a letter before action, I'm not sure?

When I write to BW Legal, can I email and I'm assuming I put in all references from the claim?

angelfire · 8 January 2018 at 12:50PM

IamEmanresu wrote: »

How long was the overstay? Bryan House has a 10 minute grace.

There is no pay by phone.

Thank you for the photo. I have no idea if there was any overstay. At this point I still don't know who was driving...

angelfire · 8 January 2018 at 12:58PM

I need to get home to check my old diaries, as two years ago is a long way back to remember. However, there was one time where I have driven on to that car park, then off again due to there either being no spaces, or me having not enough change, I can't remember which. In which case, any photos they have, presumably need to show a gap of more than 10-15 minutes, is that correct?

angelfire · 8 January 2018 at 8:37PM

So is the following okay to email to BW Legal tonight?:

IN THE XXXX COUNTY COURT CLAIM NO: [should the X's say Northampton?]

BETWEEN:

Excel Parking Services Ltd [Claimant]

and

{MY NAME} [Defendant]

PART 18 REQUEST FOR FURTHER INFORMATION - Should I delete this wording?

To: Excel Parking Services Ltd

Please answer the following questions:

1. What is the basis of the claim. Are Excel Parking Services Ltd making a claim as an agent of the landowner or making the claim as occupier in their own right?

2. Is the amount claimed by Excel Parking Services Ltd for a genuine pre estimate of loss for a breach of contract or a contractual sum?

3. Please supply a copy of the alleged contract entered into, i..e copies of signage

4. Please supply a copy of the notice to keeper you are alleging was sent

5. If the contract has been conveyed by the use of signage on site, please provide copies of the signs on which you rely and confirm these are the signs in situ on the date of the event. Please also provide the date these signs were installed, for example, a works schedule, maintenance record or invoice for the work.

6. Were there signs at the entrance to the site on the date in question? Did these meet the British Parking Association's Code of Practice Appendix B (Entrance signs) or the Independent Parking Committee’s Schedule 1 (Please indicate)

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU.
I also require that answers to these questions be verified by a Statement of Truth by an authorised signatory of Excel Parking Services Ltd

angelfire · 8 January 2018 at 8:55PM

I have just searched old paperwork and found a letter from BW Legal dated July 2017, stating Final Notice. I can use the details on here to mail the above request for information, I just need to check that it's ok before I send?

KeithP · 8 January 2018 at 8:58PM

The first line of post #3 may help you.

The_Deep · 8 January 2018 at 9:02PM

IMO that sign is far too fussy, different colours, different size type faces, far too much information.

What do the lines of print at the very bottom say? At what height are they from the ground? What are its dimensions? Are any of its T&C unreasonable? Where is the penalty charge amount? it appears to be buried in the small print.

Read the Excel v Cutts transcript..

County Court Claim Excel parking/BW Legal, in need of help!

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