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  • FIRST POST
    • Tiko123
    • By Tiko123 14th Jan 20, 1:01 PM
    • 5Posts
    • 0Thanks
    Tiko123
    Claim Form - Excel Parking Services
    • #1
    • 14th Jan 20, 1:01 PM
    Claim Form - Excel Parking Services 14th Jan 20 at 1:01 PM
    Hi all,

    I have read a number of previous threads including the the 'Newbies' thread as directed, but I am still a little lost as to whether I should risk defending the claim and if I do, what to include in my defence.

    Claim From dated: 30/12/2019. Claimant: Simon Renshaw- Smith. Claim Cost: 150.
    Particulars: breach of contract for breaching T & C's- parked without displaying a valid ticket/permit.

    Circumstances: parking paid for using RingGo app, which kept failing. When asked to select a recent session I did so, but the app registered parking against my previous vehicle (which I was unaware of at the time) I have proof of parking sessions and payment on the app, proof of payment on bank account and also proof of sale of old vehicle. When using the app, there is no requirement to display a ticket/ permit.

    Previous Action: Immediate appeal on receiving PNC, this was declined. I have requested a SAR, as after my appeal was denied I received only one letter advising the discounted payment term had lapsed and the fine had now increased. I have not received any other chasers since this.

    Should I appeal to the BPA or is too late now I have the Claim Form? I have not responded to the Claim form and wondering if I have a valid defence before responding. Initial response required by the 18th Jan.

    Any help would be much appreciated.

    Thank
Page 1
    • Le_Kirk
    • By Le_Kirk 14th Jan 20, 1:05 PM
    • 8,009 Posts
    • 9,072 Thanks
    Le_Kirk
    • #2
    • 14th Jan 20, 1:05 PM
    • #2
    • 14th Jan 20, 1:05 PM
    Is it a claim form from Northampton CCBC or a letter of/before claim from the parking company?
    • Redx
    • By Redx 14th Jan 20, 1:16 PM
    • 26,776 Posts
    • 35,033 Thanks
    Redx
    • #3
    • 14th Jan 20, 1:16 PM
    • #3
    • 14th Jan 20, 1:16 PM
    The BPA have nothing to do with Excel , haven't done for years

    Did this claim form come from the CCBC in Northampton ?

    If so , read the newbies faq sticky thread near the top of the forum , email a SAR to the DPO at Excel and attach a copy of the claim form to it

    Post the charges breakdown plus total , because the PCN would have been 100 or less , not 150
    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
    • The Deep
    • By The Deep 14th Jan 20, 1:18 PM
    • 16,399 Posts
    • 17,339 Thanks
    The Deep
    • #4
    • 14th Jan 20, 1:18 PM
    • #4
    • 14th Jan 20, 1:18 PM
    Claim cost 150

    i.e. unlawful amount of 50 added, read this.

    https://forums.moneysavingexpert.com/showthread.php?t=6014081

    Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
    • Tiko123
    • By Tiko123 14th Jan 20, 1:25 PM
    • 5 Posts
    • 0 Thanks
    Tiko123
    • #5
    • 14th Jan 20, 1:25 PM
    Claim Form
    • #5
    • 14th Jan 20, 1:25 PM
    Hi there,

    I have received a Claim Form from County Court Business Centre.

    Total Claim is actually 155
    Amount Claimed 130
    Court Fee 25.00
    • Tiko123
    • By Tiko123 14th Jan 20, 1:29 PM
    • 5 Posts
    • 0 Thanks
    Tiko123
    • #6
    • 14th Jan 20, 1:29 PM
    BPA and SAR
    • #6
    • 14th Jan 20, 1:29 PM
    The BPA website show Excel as a registered member of their governing body.

    I have requested a SAR from Excel DPO, no response as of yet.

    Claim from is from money cliams online: county court business centre NN1 2LH
    • Le_Kirk
    • By Le_Kirk 14th Jan 20, 1:29 PM
    • 8,009 Posts
    • 9,072 Thanks
    Le_Kirk
    • #7
    • 14th Jan 20, 1:29 PM
    • #7
    • 14th Jan 20, 1:29 PM
    The date you gave in post # 1 of 30/12/19 - is that the issue date? If so, KeithP will be along to advise you of your deadlines and some other useful info but you need to (unless already done) complete the AoS via MCOL and also read the NEWBIE sticky post # 2 to learn about the process of the AoS (dropbox link) and read some defences. Hopefully you have a Government Gateway account and there is log-in and password info on or with the claim form.
    • Redx
    • By Redx 14th Jan 20, 1:33 PM
    • 26,776 Posts
    • 35,033 Thanks
    Redx
    • #8
    • 14th Jan 20, 1:33 PM
    • #8
    • 14th Jan 20, 1:33 PM
    Hi there,

    I have received a Claim Form from County Court Business Centre.

    Total Claim is actually 155
    Amount Claimed 130
    Court Fee 25.00
    Originally posted by Tiko123
    So what was the PCN and signage figure ?

    Must have been 100 or less , not 130 , so what is the added charge for and how much is the added charge to make it 130

    I doubt that a BPA complaint will be of any help at all as Excel are IPC members
    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
    • KeithP
    • By KeithP 14th Jan 20, 2:05 PM
    • 19,593 Posts
    • 24,988 Thanks
    KeithP
    • #9
    • 14th Jan 20, 2:05 PM
    • #9
    • 14th Jan 20, 2:05 PM
    Claim From dated: 30/12/2019.
    Originally posted by Tiko123
    With a Claim Issue Date of 30th December, you have until Monday 20th January to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. To file an AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

    Having filed an AoS, you have until 4pm on Monday 3rd February 2020 to file your Defence.

    That's nearly three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


    When you are happy with the content, your Defence could 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. No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.

    Having filed your Defence, there is more to do...
    1. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire. Nothing of interest there. Just file it.
    2. Wait for your own Directions Questionnaire from the CCBC, or download one from the internet, and then complete it as described by bargepole in his 'what happens when' post.
    3. The completed DQ should be returned by email to the CCBC to the same address and in the same way as your Defence was filed earlier.
    4. Send a copy of your completed DQ to the Claimant - to their address on your Claim Form.
    .
    • nosferatu1001
    • By nosferatu1001 14th Jan 20, 2:07 PM
    • 6,253 Posts
    • 8,277 Thanks
    nosferatu1001
    Excel are "round logo" members of the IPC, and its the round logo that matters, nothing else.

    Have you acknowledged the claim yet? if NOT then this is KEY
    Do it today. no delays

    Go online and follow the instructions on the claim form OR just use the handy guide in the newbies thread.

    You MUST do this. Impreative.
    • Tiko123
    • By Tiko123 15th Jan 20, 2:13 PM
    • 5 Posts
    • 0 Thanks
    Tiko123
    Hi all,

    Thank you for your help to date.
    Can you advise if you think my Claim is worth defending given the circumstances of the 'breach' please?

    Thanks
    • waamo
    • By waamo 15th Jan 20, 2:20 PM
    • 8,716 Posts
    • 12,162 Thanks
    waamo
    Hi all,

    Thank you for your help to date.
    Can you advise if you think my Claim is worth defending given the circumstances of the 'breach' please?

    Thanks
    Originally posted by Tiko123
    Of course it's worth defending. Abuse of process is a likely defence.
    This space for hire.
    • The Deep
    • By The Deep 15th Jan 20, 2:24 PM
    • 16,399 Posts
    • 17,339 Thanks
    The Deep
    Of course it is worth defending. If they are charging unlawful amounts they risk having the claim thrown out, what is the extra 30 for?
    You never know how far you can go until you go too far.
    • nosferatu1001
    • By nosferatu1001 15th Jan 20, 2:33 PM
    • 6,253 Posts
    • 8,277 Thanks
    nosferatu1001
    Have you acknowledged th claim?
    Yes or NO
    If No, then do that, first.. THEN we can discuss anything else.
    • Tiko123
    • By Tiko123 15th Jan 20, 9:24 PM
    • 5 Posts
    • 0 Thanks
    Tiko123
    Great thanks, acknowledging the claim now and I have started putting together a defence.
    A friend of mine has the same Claim Form for the same car park, but her penalty is 185 - no explanation of the costs.

    I will post a draft of my defence in the next few days. I would be grateful for any feedback.
    • waamo
    • By waamo 15th Jan 20, 9:51 PM
    • 8,716 Posts
    • 12,162 Thanks
    waamo
    Great thanks, acknowledging the claim now and I have started putting together a defence.
    A friend of mine has the same Claim Form for the same car park, but her penalty is 185 - no explanation of the costs.

    I will post a draft of my defence in the next few days. I would be grateful for any feedback.
    Originally posted by Tiko123
    There is no explanation of the costs because they make them up on the hoof
    This space for hire.
    • Redx
    • By Redx 15th Jan 20, 9:59 PM
    • 26,776 Posts
    • 35,033 Thanks
    Redx
    A friend of mine has the same Claim Form for the same car park, but her penalty is 185 - no explanation of the costs.
    Originally posted by Tiko123
    I doubt that there is any Penalty

    There may be a claim , but the legal word penalty won't be there
    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
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