Excel/BW peel centre Stockport PCN : 23/2/15 - now claimform - help

[dx100uk]

about what?

[Zipadidoodah]

Having to go to court! What to expect, do you think the magistrate will kick out their claim??

[dx100uk]

magistrate...???

its not a criminal matter!

[ericsbrother]

the court will instruct what needs to be done and when.

 

 

Have you chacked to see if they have paid the allocation fee?

If they havent then little will happen and you might want to take the following action.

 

BW, like Gladdys, dont put much down in the particulars of claim

so you can go for a striking out of claim under CPR16.4.

 

 

Read the pranksters recent blogs on this and quote the cases mentioned.

Judges like to follow other decisions as that way they arent the ones setting precedents.

[Zipadidoodah]

Apparently I have now been transferred to my local court - how do I check if they have paid the allocation fee?

[ericsbrother]

if you used MCOL it will be the next tick box along the flow chart.

It is called soemthing else now but the same thing.

 

If they havent paid then the claim is just placed in limbo until they either cough up or you ask for a strike out.

 

After a year it runs out of time anyway but that wont happen,

you need to keep up with other claims from this place

and see what defences were successful and whether their circumstances match yours.

 

You may have grounds for requesting the claim to be struck out if the paperwork BW entered into court is defective ( Gadstones are good at that)

[Zipadidoodah]

It still states transferred. That is latest comment in my mock recent transactions. Any ideas if they have paid their allocation fee?

[dx100uk]

ring the court and ask

[dx100uk]

have you had the notice of allocation N180 form?

[Zipadidoodah]

I rang the court - they have paid their allocation fee and date has been set for Feb

[dx100uk]

and what forms have you thus received from the court?

 

 

dx

[ericsbrother]

better get your skates on re picture of where you parked etc and also all of the previous claims that were chucked out on inadequate signage and wonky machine issues.

 

 

Parking prankster has some recent ones so you dont have to rely on a case from 2011 alone

[Zipadidoodah]

Court date set for Feb 3rd -I have a few questions. The NTK does not mention the cost of parking that was not paid - I am going to suggest that they are in breach of POFA Paragraph 2 ©

 

inform the driver that the parking charges relating to the specified period of parking have not been paid in full and specify the total amount of the unpaid parking charges relating to that period, as at a time.

 

Could this render the NTK ineffective?

 

Also

In their court pack they discuss the carpark is broken down into 3 zones and then state all the signs they have and what sizes they are. Never do they state which zone or entrance / exit was used therefore how do they know what signs should have been seen and therefore if the contract between driver / keeper and the car par can be enforced?

 

One more

 

They state in there court pack that "The Defendant, by physically entering and leaving the Vehicle at the Car Park therefore accepted the Terms and Conditions.”

In my first contact with Excel I stated on email that the car was never left unattended do you think a judge would agree that by their own definition I have not parked the vehicle?

 

One last one

 

The original NTK is to Lease Drive which was sent to my wife on headed paper. I responded to Excel stating that I was not the driver - does this again breach POFA?

 

Thanks everyone for your support so far

[ericsbrother]

they dont rely on POFA so you hammer the point that the NTK is NOT POFA compliant so the defendant as keeper of the vehicle has no liability in the matter.

 

Make sure you add a printout of the POFA to your evidnece bundle so everyone can see it. You have to send a copy of everything you use to court and to BWL.

 

Read the pranksters latest blog about right of audience, it is very relevant to your case. The officail wording is that the solicitor for hire when turning up on his own has no "locus standi" or right of audience. Bang that point home the moment you set foot in the court if it is the case that no-one from Excel pitches up.

 

If the judge allows the rep to speak then you object as all of theie witness statements cannot be read by the witness then he has no right to say anything or ask anything

Edited January 19, 2017 by honeybee13
Paras.