excel/BW claimform - 19 PCN's totalling 1950GBP - the peel centre in stockport

[montyd]

Hello

I had a few letters from bw legal saying I had until 6th August to resolve outstanding parking pcn charges before court action,

 

 

I've been away for a few days and phoned them today to sort it (defend)

and they said they have already issued court proceedings on 2nd August!

 

Ten mins later I've received court claim papers.

 

The amount they are claiming is £1950 for 19 alleged offences.

 

There is no way I've parked on their car park and not paid 19 times

and I've not had loads of letters either. Some dates go back to 2013

 

Is it too late to defend this now?

 

I'm totally new to this forum and don't understand a lot of the jargon and I'm on my phone so limited access.

 

If anyone can please give me any advice I'd really appreciate it.

 

I feel sick with worry.

[dx100uk]

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

 

hi ya

 

 

can you fill this out please

 

then w have the info required

[ericsbrother]

no,

it means that they are more likely to lose as clearly at least some of the claims wont be compliant with the law to give them cause for action.

 

 

If they are all for the same location them tell us where it is and what kind of car park.

 

 

If private residential estate then even better as they will undoubtedly not have a contract with the landowner but with a managing agent and that isnt worth a light.

 

If a railway station then they cant sue, just railway can prosecute so tell su the wheres and whens and we can advise on how to go about defeating this.

[montyd]

Hello sorry for the very delayed reply I've been unwell.

Here's the form filled out

Thank you for any help in advance

 

Name of the Claimant

Excel parking services ltd

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

3 August 2016

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

22 August /5th sept

 

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

(Particulars of Claim are in the box to left of the N1 page 1)

The claim against the defendant is for breach of contract in respect of parking charge notices

At all material times the defendant was the registered keeper and/or driver of the vehicle identified in the provided particulars of claim.

The terms and conditions to which the defendant agreed to be bound by using the car park were clearly displayed at the entrance and in prominent locations,

The defendant clearly breached the terms and conditions of the said car park.

I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.

The claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from 7/4/16 to 2//16 on £1800 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.39

 

What is the value of the claim? £1951.43

 

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 ?

It has been issued by excel car parking services although it was passed to bw legal and they said they would begin court proceeding n 6th August if I made no contact, I did contact them but excel have issued this before the 6th August.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Not that I recall. However I did receive a notice of claim from bw legal.

[montyd]

Iim not sure what to do now,

I need to send the acknowledgement of service today to make sure it's in time?

[dx100uk]

you don't need to use the form at all.

 

 

go up on the MCOL website

select AOS box

 

 

defend all

leave jurisdiction unticked..done.

 

 

dx

[montyd]

Oh and it's the peel centre in stockport

[montyd]

you don't need to use the form at all.

 

 

go up on the MCOL website

select AOS box

 

 

defend all

leave jurisdiction unticked..done.

 

 

dx

 

Thank you I'll do that now. Then what do I do? Will I receive more paperwork or do I have to submit a defence?

[dx100uk]

if you look on the parking pranksters website

or search peel centre here

you'll lots of claims and some very useful info about defending.

 

 

get that AOS done ASAP.

 

 

dx

[dx100uk]

Thank you I'll do that now. Then what do I do? Will I receive more paperwork or do I have to submit a defence?

 

you ideally need to do a CPR 31:14

 

 

its in the threads I pointed too

defence if not due for weeks yet

[33 days from the date to right on the claimform]

[montyd]

I've done that now

[montyd]

I've done the AOS

 

I presume I copy and paste that cpr to be relevant? I don't really know what I'm asking for, proof that I was the driver?

Or am I to argue they issues court proceedings before their own deadline?

[dx100uk]

you're not arguing anything

sight of paperwork they intend to rely upon

you need the text from a peels centre claimform thread

 

 

that link is simply an 'example' of a cpr

 

 

type in peel centre claimform in our search

or see the prankster website

[ericsbrother]

what were the dates of the parking events as Excel changed their signs after getting hammered in court.

 

 

The parking pranksters site refers to this so check the important dates there.

 

I'm certain the key question of planning permission for their signage hasnt been answered so that will be a good point to consider.

 

 

No PP= criminality by Excel= no contract