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

[ericsbrother]

I suggest that you read up about Excel and their lack of right to make contracts at the Peel centre before you do or say anything else to either BW or Excel.

Basically they dont have a contract to be there so they can go whistle

[ericsbrother]

for starters,

when you defend the claim it is moved to your local court so they have to travel.

 

They obviously fancy their chances because you admitted a liability

by offering them a fiver for their troubles so we will need to know exactly what you said in the letter that made that offer to see if it was without admitting any contractual acceptance.

[ericsbrother]

a breakdown of the amount claimed would be helpful as the original sum was less than £100 so there is the chance to claim Champerty and Maintenance if BW are claiming expenses. ( look this up, might not apply but always worth considering to drop the claim back to £100)

[ericsbrother]

well, that is not an admission that you actually owed them anything, merely wished to end any action.

 

They are entitled to claim their pound of flesh but will now have a harder job justifying it as a contractual charge.

 

The signage there was changed a while ago as a court found it inadequate and the new signs still cause problems of not being visible to people who park in certain spaces.

 

Now, how did they respond to your offer to meet their actual losses?

 

Also, they will have a massive problem justifying their legal bill as they have just added £50 to the earlier attempt to extort £54 from you as a debt collection fee.

 

 

I would suggest that the £54 solicitors fee is maintenance and not allowed.

[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.

[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.

[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.