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    • OK thanks for that. I have no prior correspondence with EXCEL and therefore have not admitted being the driver. As it happens, I wasn't. The have not responded to my initial request for documents and therefore I have no details on planning permission. I guess I'll assume and assert that they haven't in the absence of them providing proof to the contrary.   Meanwhile, I've had a letter from EXCEL offering a reduced payment. I will attach this. I'm wondering whether I should ignore the letter or respond. I will not accept the offer.  offer.pdf
    • Thanks for all responses I’ve been looking at other threads and now feel totally confused as I’m scared of actually having to go to court as I have no idea how to defend this! Torn between just setting up a payment plan and not wanting them to win! 
    • Thanks so much!    1. on planning permission my WS says: The signs did not have planning permission under the Town and County planning.  I have an email stating there was no planning permission from the council. The signs do not fall under deemed consent.  * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the  county court to determine planning permission.   2. Excel are trying to say I’m dishonest.  Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   This is Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge    Q Any comments?      Their WS states that I alleged I received no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside and part of why it was granted. Evidence was provided at that time. Q Is this going to come up again?    *Also they question how I would be able to comment on the signs if I’m not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous.    I state that photos will be provided in my bundle. I actually haven’t submitted any but I do also know somebody who had PCN from the same carpark,   He gave me all his evidence etc, Mr Booth and he won his case. I linked to the parking pranksters article on it.  Q So is it ok to use such websites and to use photos from someone else?    Thanks    I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply   This is the link to Mr Booth case who won on the signage  Also the PCN is completely blurred and illegible in their WS evidence  Is this another point?    I have his his email regarding planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent     http://parking-prankster.blogspot.com/2017/01/excel-parking-v-booth.html?m=1   He had a number of lines of defence, but focussed on the poor signage in the car park. Excel Parking used BW Legal who hired a local solicitor to turn up. She wasn't that well prepared and had not bothered to bring printed copies of the case. When the Judge asked her to refer to defence photographs provided of poor signage she used her phone. Mr Booth admitted that he never bought a ticket - but this was because he never saw the signage signage in the first place and so no contract was entered into. Excel provided pictures of the signage, date stamped for August 2015, but the event was in March 2015. They also provided at the last minute a witness statement from the landowner stating he gave authority, date stamped September 2015. The PCN they sent in their Witness statement was a photocopy and completely blurred and illegible. Mr Booth's arguments were that; 1. Poor signage - there were "staff only" parking signs on the building wall next to where he parked - he questioned the claimant's right to sue someone parked against these bays 2. He questioned their authority to act on behalf of the landlord 3. He questioned whether the signage had planning consent. The Judge followed this through with Excel's representative: "Did they have a contract which said these bays were exempt or not exempt from Excel issuing tickets on the vehicles parked? As Excel had not bothered to supply a copy of the actual contract, the solicitor could not confirm either way. Regarding. planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent, and that there was no planning application on file. The judge said if Mr Booth had only brought this point up he may have found differently. The judge clearly had doubts about the signs where any reasonable person would think the same and that the "staff only" signs would not lead them to think there was a requirement to buy a ticket. He took a recess for 10 mins then made his judgment. Claim refused - the parking signs cause confusion , and there was prof there was a contract which allowed the charges claimed. He went on to state that he was staggered that serial claims companies like Excel do not take a photo of the signs at the time of erection. Why do they wait until litigation to take photos. There was no evidence that the signs were there at all on the date.    
    • Not anymore now that the right have manipulated voters into voting for a conservative dictatorship.   All of what you've said is just another worrying aspect of what the future holds 
    • Just like all the rubbish spouted over the past 4 years, would, would, would.  What you really mean is COULD.    
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rob1825

i dont understand the judgement for claimant (default)

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Hi i am wondering if some one might be able to help me figure out what i should do.

 

We had suspicions that the company who deals with our service charges had failed to amend our billing details. Details were sent by E mail on 31 Aug 2009 and was copied to the company who we pay the ground rent to. They managed to comply with our request to change our details.

 

The service charge company we have found out recently have not amended them and instead sent the last bill to our old address. I called the company to see why we had not received a bill recently, the woman on the phone went a bit strange, said someone else would call me, i asked if there was something wrong she said no.

 

We did not get a call back that day or the next so we sent a cheque to the MD straight away with a letter saying here is two grand for the service charges, we have not received a bill if more is needed please let us know and we will send the balance.

 

Got a letter back about a week later from a financial guy in the company informing us that they have accepted our cheque but our account is currently held in `breach` and we need to be aware that proceedings in default of a response from us were issued and a judgement obtained.

 

he directed us to their solicitor and since then we have managed to obtain the claim form and the judgement for claiment default form(s) one each.

 

They are dated 19 October 2009

 

we knew nothing of this because they sent all the stuff to our old address and we advised them of our new address on 31 Aug 2009 and we have a copy of the email.

 

I have talked to a solicitor but to be honest i think it was a waste of good money! then i talked to the national debt hotline. today i spoke to a woman at the court and she said that i need to get a N244 form and apply for judgement to be cancelled as we have paid the money, though we did not pay it within the month from date of judgement. actually we paid it before we even realised we had been taken to court!

 

She said we could first write the the service charge company and ask the claimant to consent to agree for the judgement to being cancelled. she said they would have to agree in writing and post it to us so we could then send it to the court (with what i dont know do i have to fill in a form?)

 

Im thinking we will have to fill in a n244 form and apply for judgement to be cancelled.

 

im getting very stressed and confused about the whole thing as i cant seem to get a difinitive answer to what i shuld do and is a cancellation of judgement the same as a set aside?

 

the lady at the court said we cant set it aside as we have paid the money now and instead we have to have it cancelled.

 

do you think a copy of an email requesting this company to amend our records in August is good enough to get this sorted out?

 

will we have to attend court?

 

if the judgement is cancelled how do we then go aboiut getting our money back that they have added to our service charge for legal fees and court costs and on top of that our own expenses, hour with a solicitor, registered post costs, taking time off work to see soilictor.

 

hey thanks fro reading my ramblings, im at my wits end just not knowing exactly what to do. I have down loaded the n244 forms but not sure what i put in them. any help would really be appreciated

 

thank you

 

Rob

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I would say the first thing you have to do is apply for a set aside of the judgement. Fill out the forms this weekend and take them in on Monday with the £75

 

Then I would write to the company tell them you are setting aside and will counterclaim and do they want to settle it amicablely

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