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  • FIRST POST
    • Jkil
    • By Jkil 5th Apr 19, 9:48 AM
    • 12Posts
    • 6Thanks
    Jkil
    Northampton county court business center
    • #1
    • 5th Apr 19, 9:48 AM
    Northampton county court business center 5th Apr 19 at 9:48 AM
    Hi,

    Im after abit of advise with defending the claim form i have just received from northampton county court business center over a parking ticket i refused to pay as the machine was broken and i had no cards on me to pay via tellephone. The company who has made the calim is excel parking services, appealed the notice as soon as i found it stuck to my car which i believe was a mistake as i gave them all my personal information. Any way i appealed and stated that the machine was broken with picture evidence of said machine and actually offerd to pay the amout it should have cost to park there arround 4 but said i am not willing to pay any thing else. As you all know this was refused and i then started receiving the letters which i ignored but now have recieved the claim form.
    I am about to purchase my first house and dont want it to effect any thing so what is the best advise pay the 185 or fight them on principle.

    Thanks in advance
Page 2
    • Redx
    • By Redx 9th Apr 19, 5:25 PM
    • 22,245 Posts
    • 28,131 Thanks
    Redx
    1) yes , add that extra in , keeper and driver

    8) no , do not delete it , as I said its a guideline for the maximum charge

    I do not give recommendations for a defence, especially not legal arguments , just common sense where necessary

    this forum is not a legal aid forum, its a consumer rights forum, so any legal "advice" you may get is mainly from unqualified do gooders , so do not get your hopes up, but bear in mind that sometimes a legal eagle or experienced person may help in their off duty time


    if this was a criminal case , you would be advised of your right to remain silent (and anything you do say may be used against you in a court of law)


    bear that in mind for all possible court cases in future , that blabbing costs money
    Last edited by Redx; 09-04-2019 at 5:27 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
    • Ralph-y
    • By Ralph-y 9th Apr 19, 5:37 PM
    • 2,965 Posts
    • 3,731 Thanks
    Ralph-y
    not many fid this easy right from the starts .... so chin up and keep going ..




    These are the main areas of appeal you need to research and understand and decide which fit your situation.

    1. No keeper liability, including Notice to Keeper errors (PoFA 2012)
    2. The operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge
    3. No Contract to manage parking
    4. Signage
    5. Consumer Rights Act 2015
    6. BPA Code of Practice breaches
    7. Why Beavis doesn't apply in your parking event


    unless others well in formed tell you other wise



    Ralph
    • Coupon-mad
    • By Coupon-mad 9th Apr 19, 6:25 PM
    • 70,394 Posts
    • 82,988 Thanks
    Coupon-mad
    excel parking services, appealed the notice as soon as i found it stuck to my car
    Your defence is good - but see if you can grab more from this one:

    https://forums.moneysavingexpert.com/showthread.php?p=75681548#post75681548

    Some of those paragraphs will work for yours too. Not all, but some.
    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
    • Jkil
    • By Jkil 10th Apr 19, 5:35 PM
    • 12 Posts
    • 6 Thanks
    Jkil
    [QUOTE=Coupon-mad;Some of those paragraphs will work for yours too. Not all, but some.[/QUOTE]

    im struggling to understand which is relevant to my situation, ive been other it a few times and really unsure on which paragraphs i can use?

    i have also gained some more photographic evidence of the machine still been faulty and infact evidence of the machine not working in may 2018 so i have a plan to continue to collect evidence of the machine not in use in order to possibly prove a form of entrapment to take to court if it gets that far. do i mention this in my defence or leave it for now and just present it to the judge?
    • Redx
    • By Redx 10th Apr 19, 5:42 PM
    • 22,245 Posts
    • 28,131 Thanks
    Redx
    it is mentioned in the defence , briefly , and elaborated upon in the WS in a few months time
    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
    • Jkil
    • By Jkil 10th Apr 19, 6:06 PM
    • 12 Posts
    • 6 Thanks
    Jkil
    I have also been speaking to other people about this and one recommendation was to contact the claimant and inform them of my photographic evidence and invite them to drop the claim.
    this seemed like a bad idea to me as id 'showing them my hand' and possibly give them chance to cover there !!!! and fix it. what are peoples thoughts?
    • Coupon-mad
    • By Coupon-mad 12th Apr 19, 12:53 AM
    • 70,394 Posts
    • 82,988 Thanks
    Coupon-mad
    im struggling to understand which is relevant to my situation, ive been other it a few times and really unsure on which paragraphs i can use?
    Why? It's Excel and talks about their unclear signs and Simon R-S?

    It's obvious what you can use. I didn't have to pick out the paras for you, surely.

    I have also been speaking to other people about this and one recommendation was to contact the claimant and inform them of my photographic evidence and invite them to drop the claim.

    this seemed like a bad idea to me as id 'showing them my hand' and possibly give them chance to cover there !!!! and fix it. what are peoples thoughts?
    I think that is a GOOD idea, once you have filed the defence. That comes FIRST.

    Then, robustly email Excel and tell them that you have defended and that you have collated this evidence and tell them to discontinue as their case has no merit (they won't, not this soon, but it may make them think twice & bail out before the hearing):
    i have also gained some more photographic evidence of the machine still been faulty and infact evidence of the machine not working in may 2018
    Last edited by Coupon-mad; 12-04-2019 at 12:57 AM.
    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
    • Jkil
    • By Jkil 15th Apr 19, 5:16 PM
    • 12 Posts
    • 6 Thanks
    Jkil
    Why? It's Excel and talks about their unclear signs and Simon R-S?

    It's obvious what you can use. I didn't have to pick out the paras for you, surely.

    I think that is a GOOD idea, once you have filed the defence. That comes FIRST.

    Then, robustly email Excel and tell them that you have defended and that you have collated this evidence and tell them to discontinue as their case has no merit (they won't, not this soon, but it may make them think twice & bail out before the hearing):
    Originally posted by Coupon-mad
    thanks coupon mad ive added the bits about mr renshaw and his previous unclear signs etc.
    going to sign it and get it emailed over to them tomorrow.

    ill also send the email to excel and report back on here when they reply or i hear anything further.

    thank you all for your help so far much appreciated.
    • Coupon-mad
    • By Coupon-mad 15th Apr 19, 5:56 PM
    • 70,394 Posts
    • 82,988 Thanks
    Coupon-mad
    going to sign it and get it emailed over to them tomorrow.
    OK, as per KeithP's posts - the CCBCAQ address.
    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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