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    • youdontsay
    • By youdontsay 5th Feb 18, 6:19 PM
    • 63Posts
    • 50Thanks
    youdontsay
    Six year old ticket
    • #1
    • 5th Feb 18, 6:19 PM
    Six year old ticket 5th Feb 18 at 6:19 PM
    About a week ago I received a claim form telling me I was about to be taken to court for a ticket I allegedly received 6 years ago., and that 262 is payable by me.This was the first knowledge I have of this and have no recollection of it even happening.
    Over the last week I have scoured the internet and have read lots of advice I believe Im more limited as to what I can do because Excel who operate the car park are not a member of the BPA?
    I have also been to the Citizens advice bureau who I believe said that I was limited as to what I can do because court proceedings are already in the pipeline.
    I am quite frantic as I cannot pay this amount and even this morning as I was again searching on this site and various others, I received a letter from BW Legal who represent Excel to say I will be going to court.
    I rang BW legal to request the evidence and they have instructed me to contest the claim due to having no knowledge previously, and also to request the evidence myself.
    I think the most likely scenario is that the car may have been driven in and straight back out without parking as very few people use this particular car park as it is widely known in the area for its unfair practices.
    I have written the letter and sent it today, but is there anything else I should have done in order to get this turned around?
    The letter was worded as follows
    'I received a claim form from Northampton Courts approx a week ago, stating that I was being taken to court for an alleged parking offence. This is the first knowledge I have of this as the parking ticket was nearly six years old. There is an issue with postal services as there is a house nearby which has practically an identical address but, having scoured the internet for advice on this matter, I understand that there should have been many steps prior to this action, and I fail to believe that all correspondence would have gone astray. I request that you send me the evidence that you hold which has led you to believe a parking offence has been committed, without which this issue cannot go forward. Please send me the necessary evidence. Thank you'
    The date of the ticket was 12th Feb 2012, so actually just under six years.
    Last edited by youdontsay; 05-02-2018 at 10:32 PM. Reason: Wording error
Page 6
    • youdontsay
    • By youdontsay 12th Feb 18, 5:07 PM
    • 63 Posts
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    youdontsay
    Six year old ticket
    Already expected all of this, surely you did too? This was bound to happen, nothing different.

    That's why I suggested you email your actual defence to the claimant. Hope you did?

    Then let the case carry on, and in your WS you explain that the Claimant bullied you into submitting a form that didn't carry your full defence, but to mitigate that issue in good faith, you sent the court and the claimant the full defence within days.

    You will be painting this as a picture of unreasonableness, later. At WS stage.
    Originally posted by Coupon-mad
    To be honest I wasnt sure what to expect!

    Yes I emailed BWL the defence and stated, as you suggested, that I was sending it out of courtesy, nothing else, no more wording.

    So I just wait now for the next step Im guessing?

    I think this was possibly why I had a big panic on in the beginning? I kind of knew that there might be hiccups and I didnt have a lot of time to play with to start with. Frustrating that I spoke to 2 people in the courts and they both confirmed that first defence would be disregarded.

    These people must waste an immense amount of court time and resources. Im amazed its being going on as long as it has
    • Coupon-mad
    • By Coupon-mad 12th Feb 18, 5:15 PM
    • 56,059 Posts
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    Coupon-mad
    And they will kick and scream and make sure they can carry on scamming the public, despite the best intentions of MPs. We have not heard the last of this despicable industry.

    Yes, wait for the DQ N180 and read lots of BW Legal/Excel threads by searching, follow & bookmark those AHEAD of your stage, and read the forum regularly about those cases.

    Meanwhile I have received another PCN which allegedly took place a month ago. I wasnt the driver at the time and its likely that there was an overstay apparently.
    Submit on appeal as keeper, with your name and address, stating clearly that you were NOT the driver and that you cannot be held liable, since Excel fail to properly state the wording in the POFA Schedule 4. Ask for photo evidence but tell them the driver will not be named. YOU MUST respond, so do only that.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • youdontsay
    • By youdontsay 12th Feb 18, 7:54 PM
    • 63 Posts
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    youdontsay
    And they will kick and scream and make sure they can carry on scamming the public, despite the best intentions of MPs. We have not heard the last of this despicable industry.

    Yes, wait for the DQ N180 and read lots of BW Legal/Excel threads by searching, follow & bookmark those AHEAD of your stage, and read the forum regularly about those cases.

    Submit on appeal as keeper, with your name and address, stating clearly that you were NOT the driver and that you cannot be held liable, since Excel fail to properly state the wording in the POFA Schedule 4. Ask for photo evidence but tell them the driver will not be named. YOU MUST respond, so do only that.
    Originally posted by Coupon-mad
    Should I appeal this recent one now? The PCN says I should pay up by 16th Feb Im not sure of the process There always seems to be a time limit and the clock ticking with these issues
    • youdontsay
    • By youdontsay 12th Feb 18, 9:14 PM
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    youdontsay
    Six year old ticket
    On reading the reverse of this recent PCN I think I have missed the deadline of 9th Feb by 3 days. It states that late appeals will only be accepted in exceptional mitigating circumstances and at their discretion

    Does anyone have any idea what those circumstances may be? Had I only received the PCN today, would that be sufficient I wonder?

    What would be the alternative process if I dont appeal?
    • Redx
    • By Redx 12th Feb 18, 9:19 PM
    • 17,753 Posts
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    Redx
    there is no alternative process

    appeal anyway, REGARDLESS, as CM said

    then its IGNORE unless you get an LBC under the new PaP oct2017 protocols , or an MCOL (court claim like you have now), within 6 years

    the 6 year rule came in for england and wales in 1973 under the small claims court procedures

    if you do not appeal (REGARDLESS), a judge may take issue with the lack of contact by you in any future court case

    you really DO need to do as the regulars here tell you to do, regardless of your own newbies thoughts !!

    its a shame you didnt come and ask us before sending in that poor defence, we have been trying to rescue you from drowning ever since you threw away the lifebelt !!

    once you have done exactly what we tell, you, ONLY THEN is the time to speculate and to improve your knowledge on this confusing , complicated topic

    and yes the clock is always ticking on these issues, with time deadlines, its the nature of the beast

    ps:- your BEST OPTION, is a landowner complaint and get it cancelled by the owner seeing as they or their agent hired the parking company , so take the grief to the source !!!!!
    Last edited by Redx; 12-02-2018 at 9:28 PM.
    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
    • youdontsay
    • By youdontsay 12th Feb 18, 9:44 PM
    • 63 Posts
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    youdontsay
    Six year old ticket
    Im in the process of appealing the recent PCN via the myparkingcharge website and Im asked to give a reason from a drop down menu as to why I am appealing There isnt a choice to the effect that I wasnt the driver

    Does anyone have any ideas which selection I should make?
    Last edited by youdontsay; 12-02-2018 at 9:49 PM.
    • Redx
    • By Redx 12th Feb 18, 9:47 PM
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    Redx
    exactly what are the selections ?

    try to work with us by providing as much info as possible, therefore avoiding us having to ask

    if there are no options other than as driver, what other appeal methods do they accept ?
    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
    • youdontsay
    • By youdontsay 12th Feb 18, 10:01 PM
    • 63 Posts
    • 50 Thanks
    youdontsay
    exactly what are the selections ?

    try to work with us by providing as much info as possible, therefore avoiding us having to ask

    if there are no options other than as driver, what other appeal methods do they accept ?
    Originally posted by Redx
    I had a pay and display ticket but may have entered the wrong or incomplete vehicle reg no
    I did not park for the stated time
    I did not receive the charge notice on my vehicle
    I was authorised to park
    I was not sent the charge notice in the post
    My vehicle was not in the car park at the time the contravention occurred
    There was no signage at the car park/location indicating any restrictions
    I was not aware that I had incurred a charge notice (most probable choice?)
    The charge notice was not fixed to my vehicle

    There were some other choices but were obviously not the correct ones

    There is photo evidence of the car by the way, but not of the driver

    Many thanks
    • Coupon-mad
    • By Coupon-mad 12th Feb 18, 10:03 PM
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    Coupon-mad
    Isn't there 'other'?

    If not, go for the second one and explain you didn't park because you were not driving, etc. Like I said in my previous post, same words.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Redx
    • By Redx 12th Feb 18, 10:07 PM
    • 17,753 Posts
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    Redx
    so as I asked, what other methods of appeal are there ?

    lets assume you can see what we cannot see for example

    they do not know who was driving

    here is a list of what not to mention on the PUBLIC internet

    WHO WAS DRIVING
    THE PCN REFERENCE
    THE VRM DETAILS (number plate)
    ANY NAME OR ADDRESS OF THE DRIVER OR KEEPER
    THEIR BANK DETAILS, THEIR PIN NUMBER
    ANY TELEPHONE NUMBERS (s)
    ANY EMAIL ADDRESS

    etc etc

    otherwise, post as much other info as possible , to help people to help you

    NEVER missout any info requested that isnt in the common sense BAN list

    people would assume that email or a postal letter might suffice
    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
    • youdontsay
    • By youdontsay 12th Feb 18, 10:14 PM
    • 63 Posts
    • 50 Thanks
    youdontsay
    Six year old ticket
    OK Have done as advised with both of these cases and can only await the next stage of each of them

    I am extremely grateful for the input I have received and am amazed at the willingness to help, I really am. Im so pleased I have found this forum and would love to think I may be able to help others eventually as I have been guided through this process through the kindness of others

    Thank you
    • youdontsay
    • By youdontsay 13th Feb 18, 7:33 AM
    • 63 Posts
    • 50 Thanks
    youdontsay

    ps:- your BEST OPTION, is a landowner complaint and get it cancelled by the owner seeing as they or their agent hired the parking company , so take the grief to the source !!!!!
    Originally posted by Redx
    Thank you for this. Is this still an option for me with either of these cases or not open to me?

    If it is an option, just wondering how I would find out who owns the land and how to go about going down this route
    • nosferatu1001
    • By nosferatu1001 13th Feb 18, 9:21 AM
    • 2,213 Posts
    • 2,615 Thanks
    nosferatu1001
    Google it? Thats almost certainly your best bet

    And yes, why not try it? What do you have to lose by doing so, except a bit of time?
    • youdontsay
    • By youdontsay 14th Feb 18, 2:14 PM
    • 63 Posts
    • 50 Thanks
    youdontsay
    Six year old ticket
    I have today received a letter from BW Legal stating that their client (Excel) intends to continue with the claim and they confirm that they have notified the Court of the same. Im guessing that there is nothing further I need to do at this stage, but just checking?

    On the reverse of the letter is the invitation to manage my account online and basically, to make payment to them, instructing me on the various methods they accept in order to make that payment!

    Umm, no thanks.
    • Redx
    • By Redx 14th Feb 18, 4:28 PM
    • 17,753 Posts
    • 22,371 Thanks
    Redx
    read the BARGEPOLE links, they tell you what happens and when, its all in post #2 of that NEWBIES sticky thread

    as for finding out landowner details, if google fails then consult with the LAND REGISTRY, its is the official site that deals with land registrations
    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
    • youdontsay
    • By youdontsay 21st Feb 18, 11:57 PM
    • 63 Posts
    • 50 Thanks
    youdontsay
    Six year old ticket
    So today Ive received the Notice of Proposed Allocation to the Small Claims Track forms. Ive filled them out as per the bargepole post on the Newbies Sticky

    Ive been advised previously to come back here at each stage so here I am and wondering two things. How do I send this to the Northampton Court and B W Legal? Is it by paper copies? Is it possible to send by email and if so, which would be the preferred method?

    Also, and this is going to sound dumb, but how do I find out where my nearest County Court is? Ive googled my home town and it comes up and with an address but Im pretty sure there isnt one here any longer?

    As always, very grateful for everyone's help
    • Coupon-mad
    • By Coupon-mad 22nd Feb 18, 12:14 AM
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    Coupon-mad
    Send a signed scanned version attached to an email to the 'CCBCAQ' email, and to BW Legal by email if you have it, with the Claim number and 'Defendant's completed Directions Questionnaire' in the subject line for each.

    Keep proof of sending (print out sent items immediately, for your paper file).

    I would ring the one you found on Google and ask if they are your nearest County Court.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • youdontsay
    • By youdontsay 22nd Feb 18, 12:26 AM
    • 63 Posts
    • 50 Thanks
    youdontsay

    Keep proof of sending (print out sent items immediately, for your paper file).
    Originally posted by Coupon-mad
    How would I obtain proof of sending please?

    And I would keep the hard copy that I will scan for my paper file wouldnt I? Or do I need to post as well as emailing?

    Many thanks
    • KeithP
    • By KeithP 22nd Feb 18, 12:27 AM
    • 6,559 Posts
    • 5,715 Thanks
    KeithP
    Also, and this is going to sound dumb, but how do I find out where my nearest County Court is? Ive googled my home town and it comes up and with an address but Im pretty sure there isnt one here any longer?
    Originally posted by youdontsay
    Stick your home town in here:
    .
    • Coupon-mad
    • By Coupon-mad 22nd Feb 18, 12:54 AM
    • 56,059 Posts
    • 69,732 Thanks
    Coupon-mad
    How would I obtain proof of sending please?
    What? I did say, this will do:
    (print out sent items immediately, for your paper file).
    You could also copy the emails you send (at the same time) by cc-ing to another email addy you use, and go to that email account and prove it arrived, by printing the received email out with the headers/sender recipients on show.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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