Please do what was already advised and a bit more robustly.

Sending an email to 'support' got no reply, so did you phone the Retail Park Management or go in person to a few Store Managers brandishing the PCN and saying you are going to vote with your feet unless they can cancel this utter scam?

Use the words and transcripts already given to you, not write your own. This should have been easy to cancel, given the circs and the previous transcripts about Excel's PDT machines failures, just like in your case.

This was never about telling your story, it's about showing the evidence that this is endemic with Excel's machines, by all accounts.

Not 'telling your story' not suggesting you were distracted.

Saying toyour MP and to the Retail Park Managers and the Store Manager(s): LOOK WHAT THESE MACHINES DO TO PEOPLE - LOOK HOW IT HAS HAPPENED BEFORE AND PEOPLE HAVE BEEN DRAGGED TO COURT, AND WON - PLEASE CANCEL THIS AS I AM ABOUT TO GO TO THE LOCAL PAPER AND TRADING STANDARDS.

If you are not robust enough now you will need to fight a claim in court.

Despite much dialog back and forth with the MPs office and multiple attempts to contact the retail park the letters trying to collect continued and have now resulted in a "Letter Before Claim"
The letter states if I don't pay by 9 November I will be taken to court. I am adamant at this point to continue to fight as it is such a scam but really need some additional guidance on what to do next.
There is a reply form that says it must be completed or court proceedings will begin.
Can I get advice on what to do?
Also, how can I get notifications about this thread? I am having to search for it each time.
Many thanks in advance for your help!

You dont need to search> Just click your username. Takes you straight to your threads.

Newbies thread, post 2, covers LBAs.

Many thanks for pointing me to the information about the LBA. I have prepared a letter & would appreciate if anyone can tell me if it should be sufficient or if anything should be added. Thank you again in advance for your assistance.

Excel Parking Services Limited
F.A.O. Litigation Department
2 Europa Court
Sheffield Business Park
Sheffield
S9 1XE

Ref:

To whom it may concern:

I was most distressed to receive your “letter before claim” letter today. I am writing this as a letter of reply that is required as per your letter.

I am still absolutely astounded that you are pursuing this absolute farce of a parking fine. The facts of the matter are - I parked legally, I purchased a ticket, I displayed the ticket appropriately and departed the garage in the allotted time.

Your ticket machine is responsible for issuing a ticket that could not have been legal yet it took my payment for parking.

This should have been dismissed months ago when I wrote and explained these facts. You continuing to pursue this matter is an absolute waste of court time.

Advice on Responding to a lbcca is covered in the newbies FAQ thread near the top of the forum

See #2 there

Can anyone tell me if a court case will definitely go forward after the Letter Before Claim? Or is this again a way to try to get the fine paid?
I am still very worried about what will happen next but am committed to trying to fight the scam.
Also, I have scoured the newbie thread #2 and don't see a letter that particularly matches up with my circumstances. Can anyone tell me if I need more in my reply or if it is acceptable to send as is?
Thank you again for your help. Many apologies for all the questions, I've just never had a situation like this and it is really taking a toll on my mental and physical health...

Nobody can say for certain whether a scammer will proceed to court, so you should assume the worst.

Excel have form for ticket machine failures. This might help.

https://padi.zendesk.com/hc/en-us/articles/360000965893-Machine-Failure-Excel-Parking-v-Mrs-S-C8DP11F9-

As you have done nothing wrong, why would you worry. Plenty of examples of these cases being thrown out.

As regards whether there is a claim or not depends on NCP as this is all about hassle and nothing about the underlying facts.

To paraphrase Eleanor Roosevelt, no one can worry you without your consent.

https://www.goodreads.com/quotes/11035-no-one-can-make-you-feel-inferior-without-your-consent

Or even Excel.

I have been very unfortunately chosen to receive a money claims online letter today saying Excel Parking Service is taking me to court.

In a very quick summary this is what happened to me -
I parked in a private multi story. I paid for a ticket and displayed it on my dash. I stayed for less time than I paid for and left. I then received their parking fine.

I went through their appeals process providing them with my parking ticket & they said the charge still stood because I did not have the proper number plate entered in on my ticket. There was only a single letter B printed on the ticket. I continued to appeal yet of course lost.

Could I please have some help in formulating what I can write for my defence?

Issue date 14 November 2018

POC:
The Claimant's claim is for the sum of 160 being monies due from the Defendant to the Claimant in respect of a CN for a contravention on 20/01/2018 at Menai Shopping Centre (Bangor). The CN relates to a CAR INFO & Registration.
The terms of the CN allowed the defendant 28 days from the issue date to pay the CN, but the defendant failed to do so. Despite demand having been made the Defendant has failed to settle their outstanding liability.
The Claimant seeks the recovery of the CN and interest under section 69 of the County Courts Act 1984 at the rate of 8% at the same rate up to the date of Judgement or earlier payment.

That's all it says on the letter. It doesn't represent what happened at all!

its a claim , so it doesnt need to represent what happened, that would be their evidence and WS which come much closer to the court date


read the examples of recent 2018 defences and draft your own defence and post it below for critique, once the AOS has been completed online, by following the pictorial walkthrough

With a Claim Issue Date of 14th November, you have until Monday 3rd December to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Monday 17th December 2018 to file your Defence.

That's over a month away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


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

1. Print your Defence.
   
2. Sign it and date it.
   
3. Scan the signed document back in and save it as a pdf.
   
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
5. 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'.
   
6. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
7. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
8. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Thank you for your assistance on how to proceed. I have completed the AOS and given my first attempt at my defence reply (below) and would appreciate your critique.
There is a case I noticed from the parking prankster website that is similar to mine but I didn't know how to quote or if it was appropriate -http://nebula.wsimg.com/bfcdd95c68b82bcc6b68408a75d23021?AccessKeyId=4CB8F 2392A09CF228A46&disposition=0&alloworigin=1
I am willing to spend more time on my defence to make it more robust but I am drowning in the examples feel a little guidance will help get me closer to completing it.


DEFENCE

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question at the time of the alleged incident.

3. It is believed that it will be a matter of common ground that claim relates to a purported debt as the result of the issue of a Parking Charge Notice (PCN) in relation to an alleged breach of the terms and conditions by the driver of the vehicle XXXX XXX when it was parked at Menai Shopping Centre, Bangor, in 2018.

4. The PCN stated the contravention as 'Parked without payment of the parking tariff for the vehicle registration mark of the vehicle on site' and this contravention is denied. The Defendant denies liability for the purported parking charge (penalty), not least because it is already common ground that the correct parking charge (tariff) had already been paid.

5. In Jolley v Carmel Ltd [2000] 2 –EGLR -154, it was held that a party who makes reasonable endeavours to comply with contractual terms, should not be penalised for breach.

Defence - payment was made but the system hid a concealed pitfall or trap

6. The Defendant made all reasonable efforts to make payment for parking by using an approved payment channel. Appropriate payment was made via the provided payment machine but said machine did not indicate any failure on registration entry and defendant reasonably expected a valid ticket had been issued.

No agreement on the penalty and no contract formed by conduct

7. The claim appears to be based upon damages for breach of contract. However, it is denied any contract existed. Accordingly, it is denied that the Defendant breached any contractual terms, whether express, implied, or by conduct.

7.1. It is clear that no conduct by the Defendant caused the penalty to arise and a professional parking firm could not reasonably lay any blame with the Defendant, for their own failure.
7.2 The charge offends against the reasonable and statutory expectations of trader/consumer relations requiring 'open dealing' and the doctrine of good faith.

No legitimate interest or commercial justification

8. It is the Defendant's case that there can be no legitimate interest or commercial justification in pursuing paying patrons for a hundredfold penalty, for not noticing inaccurate data presented to them on behalf of the Claimant.

9. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.

Also send a SAR to Excel asking their Data Protection Officer by email, for a VRN list of payments made during that parking event time.

There is a reason for asking for that now. You need that now. Search the forum for Excel v Ambler to understand why...

I looked up the case and I understand why it is important. I can only find a very general info@excel email address or the litigation department email address on my paperwork. Shall I email those or do you know where to find a more specific email address?

I have also just found this website, https://www.parkingcowboys.co.uk/enforcement/ and under the section Fairness of Contract it looks like sections are applicable to my case. Should I also add that to my defence?

Have a look on their Privacy Notices webpages and you will find their Data Protection Officer's email address.

also read the GDPR 2018 FIGHTBACK thread by coupon_mad because I posted the details in there a few days ago

I found the email and have sent the request, thank you for your help in locating it.

I don't hold much hope they will be helpful in time after reading this line on the page -
"We may be required to establish your identity before we can release information, but once we have confirmed this we will provide the information within 1 month of your confirmed request."