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Final Demand Letter
RainyDay2019
post Wed, 29 May 2019 - 10:02
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Hello, I am looking for advice on how to proceed.


The incident took place August 2017 in Wales.
A car park owned by the council had been free until it was rented out to Excel Parking in 2017. The day of the incident was the driver's first time using this car park since it was being operated by Excel Parking.
The driver queued behind a woman who was in the process of entering her reg number, however she realised she did not know it and left. Having never used this machine before the driver put their money in the machine and entered their reg number, without realising they should have entered the reg number first, before paying. The resulting ticket only had an 'R' for where the reg number is printed (The driver assumes that is as far as the woman in front had gotten with entering her number).
The driver made a call to Excel Parking that day to explain the situation and asked if it could be taken care of, would they get a parking fine etc. The man who they spoke to said that they would not, and he would take care of it.

Of course the driver received a parking fine for £100 in the post sometime later. The driver appealed the claim, based on that fact that while the ticket was purchased in error, the driver had still paid for a ticket.
The appeal was denied, the driver did not pay the fine, having been advised not to on another forum, and that they had a good case.

Two weeks ago the driver received a Demand for Payment letter, detailing that the charge has risen to £160 for debt collection costs (the driver paid £1 for parking, and still has the original ticket) and that the company intends to take the driver to court if they do not pay by the specified date (21st May).

The driver did not pay the charge, and has received today (29th May) a Final Demand for payment in the post stating that Excel Parking will also seek to recover court fees and solicitors costs.

At this stage, can anyone advise if there are any grounds to fight this claim and any chance of winning if the driver were taken to court.

Thank you for your help!
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RainyDay2019
post Tue, 30 Jul 2019 - 21:27
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No there is no parking places order on the land.
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RainyDay2019
post Fri, 2 Aug 2019 - 10:55
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Hello all, am I able to refer to the fact that the council own the building and that there is no parking places order on the land in my defence?
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Redivi
post Fri, 2 Aug 2019 - 11:30
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No parking places order works against you, not for you

You wanted the PPO to demonstrate that the location is relevant land and POFA doesn't apply
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RainyDay2019
post Fri, 2 Aug 2019 - 17:04
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Oh I see, thank you for your reply!
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ostell
post Fri, 2 Aug 2019 - 20:10
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But it is owned by the council.
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RainyDay2019
post Sun, 4 Aug 2019 - 10:37
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Hi all, I have drafted up a defence that I am proposing to submit:

I, the Defendant, was the registered keeper of the vehicle reg XXXXX at the time of alleged incident that occurred on XXXXX.

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

2. The Particulars of Claim fail to provide any Statement of Case that enable the Defendant to defend the Claim.
The Claimant is in breach of CPR 7.4 1(b) and again at section 16.4 1(a) whereby the Defendant has expressly requested details of the key points the claimant intends to rely on in court, this should have been received within 14 days of the claim being served.
The Defendant invites the court to use its case management powers to strike out the claim in respect of this breach of to order the Claimant to file further and better Particulars of Claim.

3. Although the Particulars of Claim fail to provide the information, the Defendant is aware that the contravention notice alleges a breach of the advertised terms and conditions; namely parked without payment of the parking tariff for the vehicle registration mark of the vehicle on site. The original ticket is still in the possession of the Defendant, and the Claimant has been informed of the particulars of the incident through an appeal of which the Claimant chose to reject. As the Defendant did purchase a ticket, the missing vehicle registration mark was de minimis.

4. The Defendant made every effort to resolve the issue regarding the incident.
The Defendant called the Claimant’s helpline displayed on site upon arriving home in order to explain the situation and determine whether there would be a charge. The Defendant was advised that there would not be a charge. The Claimant stated that they had no record of this call upon their rejection of the appeal. The Defendant has retained evidence that a call was made to their helpline.

5. The POFA, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which the Claimant has referred to as ‘Debt Collection costs’. The Defendant is incredulous that the Claimant may have paid £60 to a debt collector. CPR 27.14(g) states that this £60 charge is not permitted to be recovered in Small Claims Court.


6. The Unfair Terms in Consumer Contracts Regulations 1999 at Schedule 2(e) states that it may be regarded as unfair if the consumer is required to pay a dis-proportionately high sum in compensation upon failing to fulfil their obligation. As the Defendant did purchase a ticket on the date of the alleged incident, the Defendant believes that it is excessive for the Claimant to demand the sum of £185 in compensation.

7. 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 that the facts stated in this Defence are true.
XXXXXX
XXXXXXX
XXXXXXX



Something that I wanted to point out is that I am no longer the registered keeper of the vehicle (a family member is the new keeper), will this cause any problems at all?

This post has been edited by RainyDay2019: Thu, 8 Aug 2019 - 17:08
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RainyDay2019
post Thu, 8 Aug 2019 - 17:13
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Hi guys, I was wondering if anyone could give me some feedback on my defence above? I need to submit it soon, if thats okay.
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Redivi
post Thu, 8 Aug 2019 - 17:49
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A couple of thoughts

3. Although the Particulars of Claim fail to provide the information, the Defendant is aware that the contravention notice alleges a breach of the advertised terms and conditions; namely parked without payment of the parking tariff for the vehicle registration mark of the vehicle on site. The original ticket is still in the possession of the Defendant, and the Claimant has been informed of the particulars of the incident through an appeal of which the Claimant chose to reject. As the Defendant did purchase a ticket, the missing vehicle registration mark was de minimis. The failure to record the vehicle's registration number was entirely the fault of the Claimant's equipment that had retained the partial registration of the previous user.

4. The Defendant made every effort to resolve the issue regarding the incident.
The Defendant called the Claimant’s helpline displayed on site upon arriving home in order to explain the situation and determine whether there would be a charge. The Defendant was advised that there would not be a charge. The Claimant stated that they had no record of this call upon their rejection of the appeal. The Defendant has retained evidence that a call was made to their helpline and relies on Promissory Estoppel


5. The POFA, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which the Claimant has referred to as ‘Debt Collection costs’. The Defendant is incredulous that the Claimant may have paid £60 to a debt collector to collect a £100 parking notice whether or not it was successful. CPR 27.14(g) states that this £60 charge is not permitted to be recovered in Small Claims Court.

6. The Unfair Terms in Consumer Contracts Regulations 1999 at Schedule 2(e) Consumer Rights Act 2015 states that it may be regarded as unfair if the consumer is required to pay a dis-proportionately high sum in compensation upon failing to fulfil their obligation. As the Defendant did purchase a ticket on the date of the alleged incident, the Defendant believes that it is excessive for the Claimant's demand for the sum of £185 in compensation is a grossly disproportionate penalty that does not meet the conditions of ParkingEye v Beavis to be disengaged.

There's no point including comments about POFA. It's obvious from your defence that you were the driver
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RainyDay2019
post Fri, 16 Aug 2019 - 19:18
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Hello all.

I have received the Directions Questionnaire.
As I have noticed in other threads, it is advised not to agree to the case being referred to the Small Claims Mediation Service, if this is correct?
I will be moving house by the 30th of August, should I write my new address in the contact details? or my current one? (Family will still be at the current address, so will not need to worry about lost post).
I assume I tick 'no' to asking the court for permission for the written evidence of an expert?
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nosferatu1001
post Mon, 19 Aug 2019 - 06:50
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Well it depends - do you have anything you wish to mediate? Do you want to avoid court so will pay to do so? If yes, then mediate.

Yes you MUST give them your new ADDRESS FOR SERV(CE (use those PRECISE words ) update the court *and* the claimant. Failing to do so is a bad idea

What expert woul dyou be supplying?
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Redivi
post Mon, 19 Aug 2019 - 07:35
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That's a very quick turnaround to receive the DQ
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RainyDay2019
post Mon, 19 Aug 2019 - 10:09
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Do I need to send a copy of the DQ to Excel Parking as well?
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Redivi
post Mon, 19 Aug 2019 - 10:21
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The answer is Yes

You're in a legal process
You must make the effort to read the documents carefully

It can be very expensive if you neglect to do this later when the court sends its instructions to prepare for a hearing
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nosferatu1001
post Mon, 19 Aug 2019 - 13:26
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That cannot be stressed enough

Op - the form tells you to send it on all parties, youre looking for words such as "serve" or "file". That indicates you need to send original or copies to them.

When yoget the hearing you WILLbe told to serve your documents on the court and claimant, uusally 14 dys before. this is your WS and evidence to support your WS.
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RainyDay2019
post Wed, 21 Aug 2019 - 15:28
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Thank you!
I just wanted to clarify on that part in the form - I have sent a copy to Excel Parking and the original back to the court, also kept a copy for myself!
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nosferatu1001
post Thu, 22 Aug 2019 - 09:54
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Theres no clarification needed - the words used throughout a court process are consistent. You have to very carefully read all forms you get. Failing to do so CAN mean you just lose, instantly.
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