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  • FIRST POST
    • Trabar
    • By Trabar 26th Apr 18, 2:52 PM
    • 37Posts
    • 7Thanks
    Trabar
    Waiting to hear from local CC.
    • #1
    • 26th Apr 18, 2:52 PM
    Waiting to hear from local CC. 26th Apr 18 at 2:52 PM
    Hi, I have followed the instructions aimed at newbies for LBC and checked the examples provided. I may be mistaken but they seem pretty specific - and I was wondering whether any regulars could provide some helpful pointers re my own situation?

    After reading up on this forum, I have not responded to various letters. The charge has now gone up from 100 to 160 or 192 depending upon circs. I received LBC directly from Excel and was supposed to pay within 30 days. If my response is too late will they just automatically go to court? No photo evidence has been provided in their communication.

    (Thread title now edited).
    Last edited by Trabar; 05-11-2018 at 2:05 PM. Reason: Circs changed re stage of process
Page 2
    • Trabar
    • By Trabar 11th Aug 18, 12:54 PM
    • 37 Posts
    • 7 Thanks
    Trabar
    If there are only two people insured to drive a car, can this cause difficulties for the keeper's defence at court?
    • Quentin
    • By Quentin 11th Aug 18, 1:00 PM
    • 38,006 Posts
    • 22,104 Thanks
    Quentin
    No.

    It's irrelevant.

    I could legally drive it with your permission using my own insurance as could anyone who has driving other cars cover
    • Trabar
    • By Trabar 11th Aug 18, 1:08 PM
    • 37 Posts
    • 7 Thanks
    Trabar
    Thanks Quentin. Is there any advice available for post no. 20? I must be missing something because trying locate a Simon Renshaw Smith / Excel defence for overstay is proving difficult.
    • KeithP
    • By KeithP 11th Aug 18, 1:52 PM
    • 11,319 Posts
    • 11,860 Thanks
    KeithP
    When is your Defence due?


    Edited to add:
    Please be aware that by answering that question you will be giving away exactly the same information as asked for in post #17.
    Last edited by KeithP; 11-08-2018 at 1:54 PM. Reason: Addition
    .
    • Trabar
    • By Trabar 11th Aug 18, 2:07 PM
    • 37 Posts
    • 7 Thanks
    Trabar
    Keith thanks for asking.. issue was 16/7.
    • KeithP
    • By KeithP 11th Aug 18, 2:12 PM
    • 11,319 Posts
    • 11,860 Thanks
    KeithP
    With a Claim Issue Date of 16th July, and the AoS having been done in a timely manner, you have until 4pm on Monday 20th August 2018 to file your Defence.

    That is just over one week away. Do not miss this deadline.


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

    1) Print the 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, you son should chase the CCBC until it is.
    7) Wait for the Directions Questionnaire and come back here.
    .
    • Trabar
    • By Trabar 11th Aug 18, 2:25 PM
    • 37 Posts
    • 7 Thanks
    Trabar
    Thanks very much Keith, I will follow instructions once I work out how to do the actual defence. Not having to hand previous paperwork from Excel, e.g. NTD / NTK, is hampering things. I'm seeing other people's defences and wondering whether I could use some of their points but cannot cross reference with previous paperwork to check the relevance.
    • Trabar
    • By Trabar 15th Aug 18, 10:17 PM
    • 37 Posts
    • 7 Thanks
    Trabar
    Can anyone please advise which of these is the most relevant when making reference to pre action protocols?

    (1) https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

    (2) https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf
    • Coupon-mad
    • By Coupon-mad 15th Aug 18, 10:25 PM
    • 64,896 Posts
    • 77,470 Thanks
    Coupon-mad
    The second one but don't get bogged down in that; it doesn't win a case.
    • Trabar
    • By Trabar 17th Aug 18, 3:58 PM
    • 37 Posts
    • 7 Thanks
    Trabar
    Thanks for confirming that Coupon Mad. If Simon Renshaw-Smith is the Claimant, is it valid to state in my defence that 'The Claimant is currently a member of the IPC' - or - do I need to differentiate between Excel Parking Services and Simon Renshaw-Smith?
    • Coupon-mad
    • By Coupon-mad 17th Aug 18, 4:00 PM
    • 64,896 Posts
    • 77,470 Thanks
    Coupon-mad
    Simon is not the Claimant.
    • Trabar
    • By Trabar 17th Aug 18, 4:05 PM
    • 37 Posts
    • 7 Thanks
    Trabar
    Simon is not the Claimant.
    Thanks Coupon Mad, I can see that now. I seem to be over-thinking some stuff.
    • Trabar
    • By Trabar 17th Aug 18, 4:17 PM
    • 37 Posts
    • 7 Thanks
    Trabar
    I have another question please. How can I find out if ANPR is in use at the site in question. They allege multiple comings and goings of the driver (which suggest ANPR?). But the first notification was a windscreen yellow NTD; followed by an NTK in the post not too long after. I'm struggling a bit with regards to POFA 2012 and not sure how to argue whether they are restricted to using it or are in breach of it.
    • Redx
    • By Redx 17th Aug 18, 4:22 PM
    • 20,391 Posts
    • 25,754 Thanks
    Redx
    the signage should have ANPR info and icons listed


    if they are issuing windscreen tickets then they are probably using handheld cameras too


    if a windscreen ticket IS issued to the DRIVER , then for POFA2012 compliance they must issue an NTK to the KEEPER between day 29 and day 56 following the event


    POFA2012 schedule 4 tells you the law on this


    SIMON owns both companies, its the companies that are chasing their alleged debts with the alleged debtors, not the owner


    send a free SAR under the GDPR to get all evidence and copies of paperwork etc , plus they should issue these later in the process anyway
    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
    • Coupon-mad
    • By Coupon-mad 17th Aug 18, 4:52 PM
    • 64,896 Posts
    • 77,470 Thanks
    Coupon-mad
    I expect the windscreen notice was not a PCN but was one of their 'this is not a parking charge' pieces of crap. Search for myparkingcharge.co.uk to read other threads to save our fingers.
    • Trabar
    • By Trabar 19th Aug 18, 9:17 PM
    • 37 Posts
    • 7 Thanks
    Trabar
    the signage should have ANPR info and icons listed


    if they are issuing windscreen tickets then they are probably using handheld cameras too


    if a windscreen ticket IS issued to the DRIVER , then for POFA2012 compliance they must issue an NTK to the KEEPER between day 29 and day 56 following the event


    POFA2012 schedule 4 tells you the law on this


    SIMON owns both companies, its the companies that are chasing their alleged debts with the alleged debtors, not the owner


    send a free SAR under the GDPR to get all evidence and copies of paperwork etc , plus they should issue these later in the process anyway
    The problem I have is that my defence needs to be submitted by 4pm tomorrow. I cannot find the original paperwork - so I cannot work out what was received or when it was received, nor view the yellow notice that was originally attached to car. My concern is 'what if they have correctly adhered to POFA?'
    • KeithP
    • By KeithP 19th Aug 18, 9:26 PM
    • 11,319 Posts
    • 11,860 Thanks
    KeithP
    Show us your draft Defence.

    No-one here is going to write your Defence for you.
    .
    • Trabar
    • By Trabar 19th Aug 18, 9:44 PM
    • 37 Posts
    • 7 Thanks
    Trabar
    Show us your draft Defence.

    No-one here is going to write your Defence for you.
    I'm still working on it. Which is why I'm asking questions (i.e. where I cant get my head around technicalities etc.).
    • Redx
    • By Redx 19th Aug 18, 9:54 PM
    • 20,391 Posts
    • 25,754 Thanks
    Redx
    you wont get proper responses until you post your draft defence , you have had weeks to find other EXCEL defences (and yes you can use B W LEGAL defences because they usually act for Excel and VCS)

    you can pm soolin or crabman to change the thread title

    you could look at the LAMILAD court case threads, even though they are a couple of years old, and adapt a draft defence (plus CM said search EXCEL DEFENCE and she knows what she is talking about)

    leaving it to the last minute and not posting any draft at all is hampering your final draft and leaving it until the wire wont help, you have had over a month to get this drafted (even if you havent got all the info to hand)
    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
    • Trabar
    • By Trabar 19th Aug 18, 10:00 PM
    • 37 Posts
    • 7 Thanks
    Trabar
    you wont get proper responses until you post your draft defence , you have had weeks to find other EXCEL defences (and yes you can use B W LEGAL defences because they usually act for Excel and VCS)

    you can pm soolin or crabman to change the thread title

    you could look at the LAMILAD court case threads, even though they are a couple of years old, and adapt a draft defence (plus CM said search EXCEL DEFENCE and she knows what she is talking about)

    leaving it to the last minute and not posting any draft at all is hampering your final draft and leaving it until the wire wont help, you have had over a month to get this drafted (even if you havent got all the info to hand)
    With respect, I appreciate helpful responses but have you actually read my thread? I have asked for help on numerous occasions regarding the search facility - because it I was struggling to find a Renshaw Smith defence (which is actually recommended on here as a search i.e. Renshaw Smith / Excel / Overstay / Grace periods etc etc. I've been working on my defence for quite a while - I'm just a slow learner, so would have appreciated advice re the search facility when I first asked.
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