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  • FIRST POST
    • Bigmatt0811
    • By Bigmatt0811 19th Apr 17, 11:50 PM
    • 49Posts
    • 45Thanks
    Bigmatt0811
    PCN & Loan Car From Dealership
    • #1
    • 19th Apr 17, 11:50 PM
    PCN & Loan Car From Dealership 19th Apr 17 at 11:50 PM
    Evening All

    Today a PCN has been issued on a car that is currently on loan from our local dealership as one of our cars is in for some work.

    I have read the asterix point on lease car/hire car and was wondering do I follow the same process, and wait or appeal now?

    We are not sure how long we will have the loan car (possibly only a day or two more). This was a windscreen PCN issued via Excel Parking Services, who I believe are a IPC member so the appeal time is before 21 days (as per the newbie FAQ's).

    Do we inform the dealership (Mini) when we pick up our own car that the PCN was issued and explain we are contesting it and not to pay any charges/fees on our behalf as we are not willing to pay, but to forward our details on to Excel as the hirer/loanee??

    I also believe that the claim for the PCN is very dubious as it is for parking in a prohibited/restricted area and the photos (their own evidence) does not show any restricted area.

    Your help will be greatly appreciated!

    Cheers

    Matt
Page 2
    • Coupon-mad
    • By Coupon-mad 18th Jun 18, 12:16 AM
    • 68,551 Posts
    • 80,760 Thanks
    Coupon-mad
    As above, you will not be clicking on 'start defence' on MCOL.

    You have grounds to defend. We want to help, and we need to see your draft defence like everyone else with an Excel claim shows us first (go and find some).

    So look at other more recent Excel Defences, so what if Simon Renshaw Smith's name is on the claim form, doesn't mean they've upped their game; doesn't mean you can't win.

    Search the forum for Excel claim Simon and you will find several like this.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Bigmatt0811
    • By Bigmatt0811 21st Jul 18, 8:14 AM
    • 49 Posts
    • 45 Thanks
    Bigmatt0811
    IGNORE - JUST READING BARGEPOLES RESPONSE!!! Sorry jumped the gun!!!

    :-)

    Hi Guys
    I submitted the defence on the 9th July and I have now received a further form "Notice of Proposed Allocation to the Small Claims Track"and a "Directions Questionnaire"
    This has to be submitted to the court by the 26th July.

    Do I agree to the case being referred to the Small Claims Mediation Service?

    If I wanted a second person at the hearing (should it still go that far) then do I need to notify under this form as it appears that this is where you document the witnesses - there are no material witnesses apart from the person who was named as the registered keeper at this point. I read in one of the cases where Lamilad supported the forum member - does this have to be highlighted at this point, or is this a case of just filling it in with my local county court for it to be heard at?

    Look forward to your replies!

    Cheers
    Last edited by Bigmatt0811; 21-07-2018 at 8:19 AM.
    • Bigmatt0811
    • By Bigmatt0811 9th Nov 18, 12:25 PM
    • 49 Posts
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    Bigmatt0811
    Update to this case:
    Excel parking had till 4pm yesterday (08/11) to file the papers and pay the 25 trial fee which I have had confirmed this morning that they have done so and the hearing date is 6th December @ 11am, so I am now going to be preparing in a lot of detail the defence.

    So any tips where to look initially are very welcome!!!
    • Quentin
    • By Quentin 9th Nov 18, 12:32 PM
    • 38,323 Posts
    • 22,291 Thanks
    Quentin
    See #2 in the newbies FAQ thread for advice on how to defend and prepare a WS

    Put it up here before sending it for comments
    • Castle
    • By Castle 9th Nov 18, 12:34 PM
    • 2,179 Posts
    • 2,925 Thanks
    Castle
    See #2 in the newbies FAQ thread for advice on how to defend

    Put your draft defence up here for comments before sending it
    Originally posted by Quentin
    According to post 22 the defence was filed on 9th July; so this is probably the witness statement stage.
    • nosferatu1001
    • By nosferatu1001 9th Nov 18, 12:50 PM
    • 5,010 Posts
    • 6,102 Thanks
    nosferatu1001
    Indeed

    You are LONG past "preparing the defence" - what you submitted before IS your defence, unless you pay to amend it

    What you are doing now is preparing witness statement and associated other evidence that you will submit to the court
    • KeithP
    • By KeithP 9th Nov 18, 10:51 PM
    • 13,592 Posts
    • 14,808 Thanks
    KeithP
    ...the hearing date is 6th December @ 11am, so I am now going to be preparing in a lot of detail the defence.

    So any tips where to look initially are very welcome!!!
    Originally posted by Bigmatt0811
    What is the date that your Witness Statement is due?
    .
    • Bigmatt0811
    • By Bigmatt0811 19th Nov 18, 11:39 AM
    • 49 Posts
    • 45 Thanks
    Bigmatt0811
    Witness statement has to be in on Wednesday this week - I am free all day today - have received Excels - so today is writing the statements and posting by SD so it is guaranteed to be there.
    • Bigmatt0811
    • By Bigmatt0811 19th Nov 18, 1:15 PM
    • 49 Posts
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    Bigmatt0811
    In preparing the Witness Statement do I have to confirm who the driver was as this has never been disclosed and on Excel's initial appeal rejection they said they driver had to appeal in their own name
    • nosferatu1001
    • By nosferatu1001 19th Nov 18, 1:35 PM
    • 5,010 Posts
    • 6,102 Thanks
    nosferatu1001
    When youve read other witness statements, do they give away the drivers identity?

    Not usually...

    So no, you can state you do not know (if true), or are not require to name the driver and it is the claimants duty to provide evidnece as to the drivers identity.
    • Bigmatt0811
    • By Bigmatt0811 19th Nov 18, 2:10 PM
    • 49 Posts
    • 45 Thanks
    Bigmatt0811
    Thank you - I will word it accordingly

    In Excels WS they have stated that they have held the authority to implement a parking scheme since Aug 2014 and there is no notice of termination and remain contracted to enforce parking up to date. They have sent me a copy of a Leaseholder Witness statement dated 14th November 2018 which says they are the Leaseholder till Aug 2020 . Earlier this year the car park closed and I have just been to check and it is now run by Euro Car Parks - should this be highlighted as it will make their witness statement incorrect? I will try and contact Euro Car Parks to see if they can give me a date of when they took over.
    • nosferatu1001
    • By nosferatu1001 19th Nov 18, 2:26 PM
    • 5,010 Posts
    • 6,102 Thanks
    nosferatu1001
    It says WHOM are the leaseholder until 2020?
    It would be unusual for Excel to be the leaseholder
    • Coupon-mad
    • By Coupon-mad 19th Nov 18, 2:28 PM
    • 68,551 Posts
    • 80,760 Thanks
    Coupon-mad
    Earlier this year the car park closed and I have just been to check and it is now run by Euro Car Parks - should this be highlighted as it will make their witness statement incorrect?
    Yes anything that exposes their WS 'facts' is good.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • nosferatu1001
    • By nosferatu1001 19th Nov 18, 2:42 PM
    • 5,010 Posts
    • 6,102 Thanks
    nosferatu1001
    C-M - based on the OPs summary I cant say we are sure that the WS is wrong yet

    They enforced "to date" - but that could mean the date of the parking charge, for all we know. We havent see n the document!

    We also dont know who is covered by "leaseholder until August 2020" - because if that isnt Excel, it now being ECP doenst matter one jot.
    • Coupon-mad
    • By Coupon-mad 19th Nov 18, 2:46 PM
    • 68,551 Posts
    • 80,760 Thanks
    Coupon-mad
    True, and if Excel were the leaseholder (which they are, at some locations) I can't see them ever contracting with a rival!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Bigmatt0811
    • By Bigmatt0811 19th Nov 18, 2:49 PM
    • 49 Posts
    • 45 Thanks
    Bigmatt0811


    Hopefully this works
    • Bigmatt0811
    • By Bigmatt0811 19th Nov 18, 2:50 PM
    • 49 Posts
    • 45 Thanks
    Bigmatt0811
    https://photos.app.goo.gl/DU2Cf1xCmFjk6RzU8

    Hope this works - not uploaded photos/docs before on here
    • Bigmatt0811
    • By Bigmatt0811 19th Nov 18, 2:51 PM
    • 49 Posts
    • 45 Thanks
    Bigmatt0811
    I have checked withg ECP and they have confirmed they have been managing the site since July 2018 so Excel were not in control on the 14th November 2018 when they signed the doc I have hopefully uploaded!
    • Bigmatt0811
    • By Bigmatt0811 19th Nov 18, 2:59 PM
    • 49 Posts
    • 45 Thanks
    Bigmatt0811
    https://photos.app.goo.gl/r8sJxSs2wxHsJdCB9

    This is the paragraph from the WS that states to date and as the statement is dated 14/11/2018 in conjunction with the Leaseholder Witness Statement I would say, unless I am reading this wrong that they are in control on the 14th November which they are not.
    • Coupon-mad
    • By Coupon-mad 19th Nov 18, 3:00 PM
    • 68,551 Posts
    • 80,760 Thanks
    Coupon-mad
    OK but a phone call with ECP is not evidence. You need written evidence.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
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