Excel/BW claimform - PCN Peel Centre Stockport 14/08/2015

[dx100uk]

Hayleybelle you were told way back in march it was not a penalty charge

yet you persisted and even used those words in your appeal letter...!

 

you should have posted it up here first before you sent it

whats the point in asking for help

when you ignore it....

 

to any PPC, that shows you haven't a clue what you are really dealing with

so they issued a claimform hoping you'll trip up again. ...don't!

 

follow what the experts are saying

and don't do anything or write anything

unless you are told too.

[Heaton]

Well Hayleybelle has heaton...I was referring to this posters thread.

 

Andy

Apologies Andy, thought you were responding to my post.

[Hayleybelle]

DX100uk whilst I appreciate your stance hind site will not help now, and I had already submitted the appeal before seeking help.

 

Advise was requested when I had been contacted by debt collection agencies for the already appealed case.

 

So whilst my post clearly irritates you, it was not meant to do so and it was not in the ignorance that you assumed.

 

You say write nothing,

do nothing unless told by the experts but i am yet to be advised what my next step should be?

 

i now have a Court Claim that i need to respond to,

and advise on how to progress and defed this would be much appreciated (minus the judgement.)

[dx100uk]

as I said..

 

follow what the experts are saying

and don't do anything or write anything

unless you are told too.

 

you can ack the claim [AOS] on the MCOL website

has the claim form got a password at the end of the information box?

 

dx

[Hayleybelle]

yes it does have the password

[dx100uk]

brill

go ack the claim then.

 

pop up on the MCOL website

register asan individual etc etc

note the longnumber given.

the goto the AOS box

 

ack the claim

defend all

leave juris unticked

exit MCOL

 

you'll get an ack email too a wee bit later.

 

1st part done

then eric and the guys will give the bones for a defence

that will need to be filed by day 33 from the top right claimform date

which is?

that is day ONE of the 33 day count.

 

can you type out the PoC

exactly as it appears on the bottom right of the claimform

minus your pers details please too...

[Hayleybelle]

Thank you, i will acknowledge now.

 

The claimant is Excel, with documents going to BW Legal

 

The issue date is the 26/05/2016

PoC

 

The Claimant's Claim is for the sum of £100.00 being monies due from the Defendant to the Claimant

in respect of a Parking Charge Notice (PCN) issued on the 14/08/2015 (issue Date) at 14.17.09

at the Peel Centre - Stockport Anpr Charging Scheme std (60-100)

 

The PCN relates to Kia under the Registration XXX XXXX.

 

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.

 

The claim also includes Statuary interest pursuant to section 69 of the County Courts Act 1984

at a rate of 8% pr annum a daily rate of 0.02 from 14/08/2015 to 25/5/2016 being an amount of £5.72.

 

The claimant also claims £54.00 contractual costs pursuant to PCN Terms and Conditions .

 

ok all acknowledged with MCOL

[dx100uk]

great

thanks for that.

 

 

your defence must be filed by 4pm on Monday 27th june

[Hayleybelle]

thanks i have put that in my diary. should i just wait for Eric et al to message? Thank you again for your time and help it is very much appreciated

[dx100uk]

yea sure they'll be around and help

they might ask for pictures of any signs etc

and poss details of your tenancy lease etc.

[Hayleybelle]

thank you

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Stockport+Peal+Center+car+park+&sa=Search+CAG#gsc.tab=0&gsc.q=Stockport%20Peal%20Center%20car%20park&gsc.page=1

 

 

meantime reading

[AndyOrch]

Hayley there is an example defence in the link I posted in post#17and also a brief rundown on the claim process and defending a claim.

 

Andy

[Shelley181146]

Basketballs, just an observation, on #32 post you say in PIC issue date 14/08/2015 is this a typo error by you or them?

It is extremely important to proof read any documents in legal scenarios or get someone else to, to ensure you are submitting accurate information.

[AndyOrch]

Basketballs ?

[dx100uk]

Basketballs, just an observation, on #32 post you say in PIC issue date 14/08/2015 is this a typo error by you or them?

It is extremely important to proof read any documents in legal scenarios or get someone else to, to ensure you are submitting accurate information.

 

 

shelley

if you read all the bw claims here

you'll see they are all for very old 2014/5 speculative invoices

[Hayleybelle]

Hi Team, Just wondering if there is any update or if you need anything from me at all?

[ericsbrother]

if you sent off your AOS and skeleton defence in time then it is a waiting game.

 

 

The courts service will then contact you with an allocation questionnaire

asking about dates you arent available and whether you want the hearing at another court rather than local one

( for disability access reasons mainly).

 

 

Keep an eye on the calendar for when Excel have to put in the next payment for allocation

as they may well just go all quiet when they realise you are one of the people who arent rolling over and paying up without a fight

 

 

. If it goes past the time then you can apply to court for the claim to be struck out

and they will have a hell of a job starting all over again.

[Hayleybelle]

Hi Ericsbrother, thank you for your message. No skeleton defense has been submitted as yet, i was told by DX to not submit anything at all until i was told what to say so it would be great if someone could advise what the skeleton defense should say?

[ericsbrother]

skeleton defence should be simply

that there was no breach of contract because the signage that offered a contract did not have any conditions that could lead to a breach as claimed.

 

Leave it at that for the moment, the signage around the car park varies and dont form core conditions so the main sign may well be an invitation to treat. We will go into the detail later.

[AndyOrch]

Example defence drafted in the following stickie.....

 

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***(1-Viewing)-nbsp

 

Regards

 

Andy

[Hayleybelle]

Hi All,

 

An update on the progress of this....

 

They are pursuing the claim and will be taking me to court

 

I have no details of dates etc, just letter of their intent to progress the claim.

[dx100uk]

doesn't mean they will

the claim is stayed? as you filed your defence on ?

and its more than 33 days since then?

so if they want to proceed they've to pay another fee

 

 

they've no need at all to send such letters

they simply send them to intimidate defendants.

 

 

the court advise if they are proceeding anyway.

[ericsbrother]

check dates. If they are late paying the allocation fee ask court to strike out the claim. This means they will have to start again and they wont get an easy ride.

 

As DX says, they may not be willing to proceed but hope you are intimidated enough to pay up now and save them a fortune in fees and costs on a claim they are bound to lose.

Edited August 8, 2016 by honeybee13
Paras.

[chimp123]

any news on this one