Excel Parking Services County Court Claim Options

[Magpie2121]

Hi, I parked displaying what I believe to be a valid permit and was still issued a fine.



I appealed the fine which was rejected:





Excel Parking Services Ltd have now filed a County Court Claim.



Any help with tackling this situation will be immensely appreciated.

Many thanks.

[b]I have now completed the Acknowledgement of Service

This post has been edited by Magpie2121: Wed, 27 Feb 2019 - 15:57

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[nosferatu1001]

I cant see the attachments - use imgur or tinypics, theyre more commonly accessible from some otherwise blocked laptops
What is your DATE OF ISSUE?

WHy wasnt it valid? Presumably you have found this out by now? Or was it valid and you dont know why an INVOICE was issued?

[ostell]

Have a look at this thread It's UKPC but the principle is the same

And remove that password !!!

This post has been edited by ostell: Wed, 27 Feb 2019 - 09:56

[Magpie2121]

I cant see the attachments - use imgur or tinypics, theyre more commonly accessible from some otherwise blocked laptops
What is your DATE OF ISSUE?

WHy wasnt it valid? Presumably you have found this out by now? Or was it valid and you dont know why an INVOICE was issued?

I have re-uploaded using Tinypic:









They said the permit was not valid for the bay in which my car was parked. I wasn't aware it had to be parked in a specific bay.

This post has been edited by Magpie2121: Wed, 27 Feb 2019 - 16:05

[nosferatu1001]

Have you blanked out the permit details? Yes or No

I mean it doesnt take a complete genius to work out the permit might be bay restricted, it does say BAY NO on it!


The rejection says two different things - noe that the permit was not valid, two that it was not valid for that area.

[Magpie2121]

The signage photo which Excel Parking provided with the rejection letter was very unclear.

I went back today and took a clear photo of the sign:



I'm basically looking for a template defence to use if anyone can point me in the right direction please?

[The Rookie]

Edit your first post NOW - 'the driver parked' NEVER give away driver ID.

[nosferatu1001]

MSE Forum -> Newbies thread -> post 2
Closest you will get OP
If you cant be bothered to write your own defence dfor your claim, why should we find a specific template for you?

You didnt answer the qeustions.

[Magpie2121]

Sorry, it looks like the questions were asked just as I made my post so I missed them.

No, I didn't blank out the permit details. No information was entered into the oermit when I received it.

Are there any other questions you guys have please?

[nosferatu1001]

OK so if it was not completed, is this a temporary pass?
We need to know more about how the permit was obtained ie whose job was it, if anyones, to complete the details on it?

Because it was certainly vald for the are a- nothing on the sign states anything other than Quorum, so all is good there. Their rejection is like most things, a nonsense

So whats needed is to understand why no details were completed. Not ethat the sign does NOT requier it to be valid or for all details to be completed, just for it to be VISIBLE.

This post has been edited by nosferatu1001: Thu, 28 Feb 2019 - 08:05

[Magpie2121]

OK so if it was not completed, is this a temporary pass?
We need to know more about how the permit was obtained ie whose job was it, if anyones, to complete the details on it?

Because it was certainly vald for the are a- nothing on the sign states anything other than Quorum, so all is good there. Their rejection is like most things, a nonsense

So whats needed is to understand why no details were completed. Not ethat the sign does NOT requier it to be valid or for all details to be completed, just for it to be VISIBLE.

I was working as a short term contractor and the pass was issued by the receptionist there. I no longer work there.

All I was told was to display it in my windscreen. There was no mention of having to park in a certain bay etc.

This is all I know.

Thanks again

[nosferatu1001]

You were told, repeatedly, to NOT give away the drivers identity
STOP DOING IT
You throw away a good defence point.

So the defence would be
1) No POFA compliance. CHeck your NtK, but you will see they dont hold the keeper liable using law, jsut a presumption. If you dont have a NtK, then you have to do what you should be always oding, which is sending a SAR to EXCEL today
2) THe permit was displayed and was valid for the area the vehicle was parked in, in accordance with the signs
3) The vehicle was parked in accoradance with teh permit issued by the Reception, with no allocated bay requirement. The signage does not require the permit to state a bay, nor for the vehicle to be parked in a single bay
4) The signage is unclear and cannot be read - you need photos *(that you include later) showing how high up signs are
5) They lack authorityt from the landholder to issue parking charges nor to pursue to court in their own name.

[Magpie2121]

Many thanks for your help with proving details regarding the defence.

You were told, repeatedly, to NOT give away the drivers identity
STOP DOING IT
You throw away a good defence point.

The problem is I've already made an appeal stating that I has a valid permit displayed in my car windscreen when I parked. So doesn't this mean the POFA does not apply in my case? I haven't ignored your repeated advice, I just thought it didn't apply that's all.

Unfortunately I've thrown all correspondence away following my rejected appeal so I'm not sure if a NtK was issued. In this case, can I still send away for a SAR?

[nosferatu1001]

Yes, this means you cant use POFA, because the driver has been identified.

Did you get a notice on the car? No? Then of course you got a NtK....
Throwing away docuemtns hinting at a debt is a stupid thing to do.
Yes, of course you send a SAR. Nothing about what youve said in anyway at all suggests you should not send a SAR.

[Magpie2121]

Thanks again for your prompt reply and advice.

I will send the SAR on Monday and create a defence which I'll post here for members to give a final check over.

Once again, thank you for taking your time out to help me. It's appreciated greatly.

This post has been edited by Magpie2121: Sat, 2 Mar 2019 - 12:17

[Magpie2121]

Yes, this means you cant use POFA, because the driver has been identified.

Did you get a notice on the car? No? Then of course you got a NtK....
Throwing away docuemtns hinting at a debt is a stupid thing to do.
Yes, of course you send a SAR. Nothing about what youve said in anyway at all suggests you should not send a SAR.

Below is a copy of the SAR which I'll send off tomorrow.

I'm just wondering what the purpose is of sending this SAR request and how it will affect proceedings?

[nosferatu1001]

The SAR does not "affect" proceedings
WHat it does is tell you EXACTLY what data they have on you. All of it.
That lets you know the photos they have, the documents they sent, etc.

I presume over the weekend you started writing your defence?

[Magpie2121]

The SAR does not "affect" proceedings
WHat it does is tell you EXACTLY what data they have on you. All of it.
That lets you know the photos they have, the documents they sent, etc.

I presume over the weekend you started writing your defence?

Ah, ok I see.

I haven't started my defence just yet but I have bookmarked several threads that will help me build it.

Thanks

[southpaw82]

You were told, repeatedly, to NOT give away the drivers identity
STOP DOING IT
You throw away a good defence point.

Would that be the defence that falls apart if either the claimant alleges that the defendant was the driver or the claimant simply asks the question in court? That “good defence point”?

[Magpie2121]

You were told, repeatedly, to NOT give away the drivers identity
STOP DOING IT
You throw away a good defence point.

Would that be the defence that falls apart if either the claimant alleges that the defendant was the driver or the claimant simply asks the question in court? That “good defence point”?

I have nothing to hide and will openly admit I was the driver. The fact of the matter is I was provided with a permit to park in that car park.

At no point was I told it had to be parked in a particular bay nor does the permit itself state a particular bay.

This post has been edited by Magpie2121: Tue, 5 Mar 2019 - 20:39