I am disabled and have a vehicle for use by carers including my two daughters.

I received a PCN dated 06/07/2015 alleging the offence took place on 10/02/2015.

Furthermore, they had no photographic evidence showing the vehicle parked in a bay without a ticket,

instead relying on the entry/exit photographs.

My daughter who had the vehicle that day says that she got a ticket but she may have put an incorrect registration, albeit still a valid one.

I have ignored their letters, but today received a County Court Summons.

I intend to refute the claim because of the date I received the notice being 5 months after the `contravention` date,

no photographic evidence of the car being parked in a bay without a valid ticket and that the system allows for mistakes in entering registrations which are still valid, but not the correct one.

Any suggestions would be appreciated as I need to reply soon.

I don't suppose you are one of the messy types like me who doesn't clear out their door bins, and might still have that ticket? If you do, they have no case.

If they have no photo of you parked, are they relying on the ticket machine recording the registration number? If so, the number your daughter entered will bear *some* relation to your actual registration, and you could ask them to provide photographic evidence of the vehicle with THAT reg number entering/leaving the car park on those dates and times.

This is just simple rambling to suggest ideas. I'm not a legal professional.

Hi Oddfellow. Thanks for your prompt reply.

Yes, I have kept all the notices with the dates.

I also just noticed that the lying so and so`s at the solicitors have stated that the issue date was 10/02/2015,

i.e. the date of the so-called `contravention`.

So, not only have Excel messed up with the issue of the PCN, their solicitors have told a complete lie on their submission.

I appreciate your comments. I was pretty sure I was right, but just needed to hear it from somebody else.

I will send my rebuttal today.

Regards

Chris

I meant do you still have the receipt for the payment you made (i.e. the ticket you bought).

can you slow down a minute please

before you reply or do anything further.

I take it this is BW legal?

and you've had recent letters from them but ignored

without sending the std denial letter here on BW threads?

they sent out 1000's of these letters and the claimforms if they get ignored

they are hoping for a default uncontested rubberstamped judgement.

you need to address this properly.

can you fill this out please

http://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***(2-Viewing)-nbsp

then we will advise properly.

dx

start at the beginning with the date of the event,

where it was,

the date you got the first notification and what it said,

what other correspondence you have received,

whether you still have those in your possession

and what you sent as a response if anything.

The wording of all of these is critical so dont send anything to anyone until we have had a chance of reading them and offering our thoughts on the matter.

the parking co have a lot of hoops to jump through to make this stick

and Excel usually screw things up big time so dont be panicked into doing anything yet

Thanks for your help.

I am disabled and have a car registered in my name for use by my carers, usually one of my two daughters.

I had recently bought a new car.

My daughter used it evidently to go to the local shopping centre.

This was on 10/02/2015.

She maintains she got a ticket but because she was unfamiliar with the registration, she might have entered the wrong letters or numbers. However, the ticket was produced without any problem and was displayed.

On the 9th July 2015 I received and standard PCN type form saying that the vehicle had been photographed entering and leaving the shopping centre on 10/02/2015.

They state that the reason for the contravention is parking without a valid ticket.

However, there is no photograph of the vehicle parked in a bay nor is there any photograph showing the vehicle without displaying a ticket. they are therefore relying on their entry/exit photographs ans presumably they cross check the registration with any on tickets issued.

I showed this to my daughter and she insists that she bought a ticket as she always has done whenever I have accompanied her, and displayed it on the dashboard of the vehicle. Of course she did not still have that ticket. After all, this PCN arrived FIVE months later on 06/07/2015.

I have had run ins with this company previously, having won a court case by submitting evidence to the Northampton County Court during another attempt by them to make unsubstantiated accusations.

Therefore, I ignored the PCN because I checked the laws regarding the issue of PCNs as ruled by the Protection of Freedoms Act (PoFA) 2012. It stated that they had to issue their PCN within 14 days of the alleged contravention. Clearly they have not done that. They sent a reminder on 14/08/2015 which I ignored.

I duly received their usual bogus solicitors letters and ignored those as well.

They did eventually threaten court action, but I felt that I had a watertight case, so I ignored their letters.

Now they have finally issued their court documents, correctly showing the date of the alleged contravention as 10/02/2015,

however, they state that they issued their PCN on that date, which is untrue.

They sent it on 06/07/2015 as stated on their PCN letter.

I have kept both their PCN letters and I have the court documents incorrectly stating that they issued their PCN on 10/02/2015.

As far as I can see, their case fails on a number of points.

Firstly, they sent their first PCN almost 5 months after the event; well beyond the 14 days threshold allowed under the Act.

Secondly, by so doing, my ability to appeal within 14 days was denied.

Whilst they have entry/exit photographs, that merely proves that the vehicle entered and exited the shopping centre.

It does not prove one way or the other that there was a ticket displayed as they have no photographic evidence.

As a result, it is entirely possible to purchase a ticket, mistakenly input the wrong registration, albeit a valid one, and receive a ticket.

This will be my basis for rebutting their claim. I am willing to listen to your views on this.

I have not responded as yet, but I have only a short window to do so.

Regards

Chris

Name of the Claimant ? Excel Parking

Date of issue – 05/08/2016

Date to submit defence = by 4pm 06/09/2016

What is the claim for –

1.The Claimants Claim is for the sum of £100 being the monies due from the Defendant to the Claimant in respect of a Parking Charge Notice(PCN) issued on 10/02/2015(Issue Date) at 14.41.06 at Peel Centre - Stockport Anpr Charging Scheme Std(60-100)

The PCN relates to Vauxhall under registration ******.

2.The terms of the PCN allowed the defendant 28 days from the Issue Date to pay the PCN, but the Defendant failed to do so.

Despite demand having been made, the Defendant has failed to settle their outstanding liability.

3.The Claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 10/02/2015 to 04/08/2016 being an amount of £10.84.

The Claimant alsi claims £54.00 contractual costs pursuant to PCN Terms and Conditions.

What is the value of the claim? £239.84

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim ?

Issued by Excel Parking Services Ltd via BW Legal, LEEDS, W Yorks

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

first port of call

is go acknowledge the claim [AOS BOX] on the MCOL website

defend all

leave jurisdiction unticked

dx

Thanks.

I can confirm that I have done that successfully.

Chris

well done

ok next is to follow eric's advise

you have until 5th sept to file a defence

so no rush now

you've done the important bit.

dx

Thanks for your help.

Should I wait for your advice regarding my defence?

You have seen my detailed explanation of the timeline of events.

Regards

Chris

PS. Once this is sorted out, I will ask you for a link to make a donation for your website.

you now have an extra fortnight to gather some evidence but the defence at the moment really only need to mention what you are going to say so things like

protocols of POFA not adhered to so no keeper liability created.

in any case no breach of the contractual conditions so no cause for action by the plaintiff (this will cover a multitude of points so no need to mention them all now, the plan is to get them to drop the matter when they realise that you arent going to roll over)

OK, thanks. I will deal with this first thing tomorrow. Thanks for your assistance, it is appreciated.

Chris

So compose a cpr 31:14

you now have an extra fortnight to gather some evidence but the defence at the moment really only need to mention what you are going to say so things like

protocols of POFA not adhered to so no keeper liability created.

in any case no breach of the contractual conditions so no cause for action by the plaintiff (this will cover a multitude of points so no need to mention them all now, the plan is to get them to drop the matter when they realise that you arent going to roll over)

Should I mention these defences on the CPR 31.14 letter?

no

I will send it Recorded delivery today.

chris

CPR 31.14 letter sent today by Recorded delivery and I have the receipt.

good

right now don't miss you defence filing date regardless

Sorry but I do not understand what you mean?

Well you need to,......

Regardless to if/not they reply

You must not miss the date by which you must file a defence

Thanks for the clarification.

I have set out my ideas for my defence in post #7.

Can you take a quick look and advise if that is sufficient please.

Regards

Chris

Well you need to,......

Regardless to if/not they reply

You must not miss the date by which you must file a defence

Well I acknowledged service online, so I have 28 days from the date of service evidently.

I would appreciate either you or Eric just taking a look at my proposed defence as laid out in comment#12 before I actually send it off.

You mentioned that it should be fairly vague at this point whilst at the same time letting them know that I feel I have a good defence against their claim.

Any assistance would be appreciated.

filing date Is in post 8 already