Hi ok thanks for replies. I had trouble finding how to reply on my phone and don't have a computer, so am at the library which is pathetic and closes at 5pm so hard to get there
Name of the Claimant ? Excel Parking
claimants Solicitors: BW Legal
Date of issue – don't have on me but it was in Sept 2018 (previous claim from 2017 resurrected)
* Court date is 17th Dec -Next Tue
Date of issue
^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [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 – PCN Not displaying a valid ticket for the private car park
468 Bury New Road, Prestwich
I have copied their WS below with map location, signs, etc
**IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION
What is the value of the claim? original ticket was £100 plus additional fees so its at £255
Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Original Excel Parking
Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure what this is?
I WILL TRY TO ATTACH THEIR WS - having trouble
Do I just scan it in and attach it?
In the mean time my outline defence is:
No locus standi as have not produce a signed contract Under CPR 31.14 that the claim be struck out on the grounds of no locus
*I requested the contract and they did not provide it initially, however in their WS they have produced a signed contract from the pension fund who own the land
I was not the driver of the car. I have no evidence of the driver's identity. This dates back many years (2015) and difficult to remember who could have been driving
*their WS states I only said I was not the driver at a late stage and when filing an amended defence, and appears I developed a defence to avoid liability. I have stated this from the start.
Also that I alleged 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
Also question how I would be able to comment on the signs if 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 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?
keeper of the vehicle - as the protocols of the POFA have not been followed so no keeper liability created.
DVLA data was supplied for the single strict purpose of enquiring who was driving, not for bringing a case against me years later
Signage not a transparent contract
insufficient in terms of their distribution wording and lighting hence incapable of binding the driver, which distinguishes this case from the ParkingEye Ltd v. Beavis case
Sporadic and illegible charge not prominent nor large lettering site/entrance signage
breach of the BPA Code of Practice. The entrance sign is on the left side so not the drivers side.
The signs have no mention of any debt collection additional charge
The signage was not lit and not transparent contrary to the Unfair Terms in Consumer Contracts Regulations 1999.
The entrance sign refers to the terms and conditions on another sign
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.
* 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.
The signs do not fall under deemed consent.
* 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
Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge
THANKS FOR YOUR HELP x
You mention I can get it struck out as they haven't sent me a bundle? They have sent me their WS online, no hard copies but I'd prefer not to go if possible
Redacted and merged to one PDF
Attached is my witness statement and supporting evidence that I am going to give to the court, the court have said they will not even look at it until the day of the hearing, so I am OK to send it to them only a few days before the hearing.
Do you think it is worth me sending this to BW Legal, in the hope they will drop the case before it goes to court? Or am I better not showing my hand to them, so they cannot amend their evidence based on what I have stated?
If anyone would be kind enough to read through my statement and give me their thoughts, that would be very much appreciated.
So I received my court date. Any evidence from both sides needs to be sent to the courts and opposing sides 10 days before the court date.
No defense to file so this is where things differ from the rest of the UK.
Would bank statements be enough evidence to prove my statue barred case?
Right, I might go through Resolver, it certainly got my banks attention sharpish recently on another matter.
It seems to me that two pairs of the same model of boots failing in succession strengthens my argument so should I start from scratch with both pairs n a single complaint?