Excel/BW PCN Claimform - Cavendish Retail Park Keighley

[theyorkshireman]

Hello,

I have received a Claim Form issued 07 Dec 2018 that I need to respond to.

I have no previous communication regarding the PCN, the issue date of the PCN was 26/09/2016.

 

Claimant: Excel Parking Service Limited

BW Legal

 

Particulars of claim:

"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 26/09/2016 (Issue Date) at 18:42:53 at Cavendish Retail Park Keighley.

 

The PCN relate to .... under registration ... 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 Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 26/09/2016 to 06/12/2018 being an amount of £16.04.

 

The Claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions"

 

Amount claimed: 176.04

Court Fee: 25.00

Legal representative's costs: 50.00

Total amount: 251.04

 

Advice on how to respond would be gratefully received. I am willing to face them in court if it comes to that.

[ericsbrother]

so do you remember ever going to the place that this claim originates?

Haver you moved house since sept 2016?

Did you not get a LBA about a fortnight ago?

as for the detail, it is the usual autofill garbage BWL and Gladdys use that lacks any hint of what it is you have supposedly done to create a liability.

 

First thing you need to do is acknowledge the claim. This is easiest doen by going to moneyclaim online and creating an account, looking up the claim ref and then just ticking the acknowledgement of service box. this then buys you another fortnight to submit an outline defence and during that time you send a CPR 31.14 request for documents to BWL and demand to see the following:

1)a copy of the contract with the landowner that assigns the righ for Excel parking to enter into contracts with the public and to makwe claims in theor own name ( now Simon who owns Excel also owns VCS and often confuses the 2 so the contract must specify Excel and not VCS)

2) a copy of the original NTK as none was ever received

3) copies of any other correspondence sent by Excel or their agents regarding this matter

4)a copy of the Letter before Action sent by BWL/Excel as none was received, contrary to the Civil Procedure Rules

5) a copy of the planning consent for their cameras and sigange at the site

give them 14 days to respond

 

get this done pronto and then you can include their failure to respond to this request in your defence. in the meanwhile if the place is near to you go there and take pictures of the entrance to the land from the public highway and any signs there, pictures of any signage around the car park and of the payment meter and its associated conditions if one exists.

 

we will help you with your outline defence once you have kicked these things off

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***

 

please complete the above so we have all the correct info to properly advise you

 

dx

[theyorkshireman]

Thanks for the fast response.

I have visited this retail park in the past.

I have not moved house since 2016.

I received a "Letter of Claim" from bwlegal sent on 26 Oct 2016.

 

I will acknowledge the claim today online using the method you have described.

Regarding your point 2: What is an NTK, i previously found a glossory of abbreviations on this site but can not find it.

Regarding your point 4: Is the letter before action the letter they sent on the 26 Oct 2016 titled letter of claim stating they intend to commence legal action.?

 

Regarding getting photos, the company managing the car park has changed. There is another thread on this forum which has the photos in question I will find them and attach if that is helpful?

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

 

.

get a CPR 31:14 request running to the solicitors

.https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31-14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim)

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

[brassnecked]

NTK - Notice To Keeper where they try to use or rather misuse POFA to make the keeper liable for any charge.

[theyorkshireman]

Thanks, before I do this the claim form has been issued by County Court Business Centre in Northampton, is this where I would attend court or just an administration centre? I have no problem travelling but I live in Yorkshire and the PCN was for a car park in Yorkshire, Excel are registered in Sheffield (Yorkshire) and BWLegal address if Leeds (Yorkshire).

[dx100uk]

no it get transferred to you local court

read and complete the link I send above in post 3

all will become clear..

[ericsbrother]

as for the company chamging, you take pictures of what is there and use that to cast doubt on anything they produce later. They have to prove their claim and anything that tilts the balance in your favour is good.

There are other posts on this site so look ar what there is to help you. Chances are Excel pull out at the last moment rather than risk getting shown up for not having planning for example.

[theyorkshireman]

Name of the Claimant: Excel Parking Services LTD

 

Claimants Solicitors: BW Legal

 

Date of issue: 07/12/2018

 

Date of issue: to acknowledge - 25/12/2018

 

date to submit defence - 08/01/2019

 

Particulars of Claim:

 

1.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 26/09/2016 (Issue Date) at 18:42:53 at Cavendish Retail Park Keighley. The PCN relate to (Car Make) under registration (Car Reg).

 

2.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.

 

3.The Claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 26/09/2016 to 06/12/2018 being an amount of £16.04.

The Claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions.

 

What is the value of the claim: 251.04

 

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: Private parking company.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment: I had a 'Letter of Claim' sent 26 Oct 2018 notifying me that BWlegal have been instructed by Excel Parking Services to commence legal action.

Edited December 15, 2018 by dx100uk
format

[dx100uk]

brill

ok now do as post 5

 

dx

[ericsbrother]

so you have had previous communication about this.

Telling us everything makes a big difference because knowing that you got a PAP letter meand you have to change your CPR 31.14 request and also levaes it open to question why you didnt respond to the PAP letter.

So scan that up for us to read as well.

[theyorkshireman]

I have acknowledged the claim online using the moneyclaim.gov.uk website.

 

For Clarity:

I did get a PCN on my windscreen.

I did receive communication in 2016/17 relating to requests for payment none of which I have retained. I destroyed once I thought they had given up.

I received a 'Letter of Claim' dated 26/10/2018 from BW Legal.

I received a 'Claim Form' dated 07/12/2018 from Northampton County Court.

I received a 'Notice of County Court Claim Issued' dated 07/12/2018 from BW Legal.

[theyorkshireman]

**Correction**

For Clarity:

I did not get a PCN on my windscreen.

I did receive communication in 2016/17 relating to requests for payment none of which I have retained. I destroyed once I thought they had given up.

I received a 'letter of claimicon' dated 26/10/2018 from BW Legal.

I received a 'claim formicon' dated 07/12/2018 from Northampton county courticon.

I received a 'Notice of County Court Claim Issued' dated 07/12/2018 from BW Legal.

[dx100uk]

get post 5 done

[ericsbrother]

you dont often get a PCN on the windscreen, they use ANPR most of the time so that will be no get out unless they say they ticketed the car and then cant show this to be the case.

so, were you there on that date?

If not can you supply any evidence that you were elsewhere because they unfortunately only have to say you were there and that will be taken as being gospel unless you can show otherwise.

get the CPR request off as their failure to supply the info will be damaging to them later on.

 

then get some pictures of the site and its signage.

Dont forget what we said about VCS and Excel so look for signs that are different to those at the entrance and look for anything that doesn have Excel on it

Edited December 16, 2018 by dx100uk
space/spell

[theyorkshireman]

I have been reading the forum and other defence statements. I feel I need to read as many as I can before deciding upon my defence.

I am also thinking I need to see what information they hold on me before I submit a defence.

 

So I am thinking I need to:

Read as much as possible to help me for a defence strategy.

Get a CPR 31:14 request sent by recorded delivery to the solicitors as soon as possible.

File a defence prior to day 33.

 

A couple of questions:

How many CPR 31:14 requests can be sent?

I am not thinking about sending a loads but do I need to make sure I don't miss anything from my initial request?

I have read that if a claimant does not respond to the CPR 31:14 request in a timely manner this in itself can be enough to dismiss a claim. Any thoughts on this?

Regardless I will not leave this to chance and I will prepare a defence in advance of the response if it appears at all.

 

Once I have an idea of my defence should I post it up here for you guys to review?

Thanks

[dx100uk]

you seem to be going off on tangents...

 

all you need to do is contained in post 5

you only need ONE cpr the one in the link in post 5

 

your defence will be the std 2 or 3 line one on all the pcn claimform threads in this very forum.

 

you have to date WASTED 10 of your 33 days wandering around reading stuff

post 5 should have been done FIRST.

 

get it done NOW

 

dx

[theyorkshireman]

OK my CPR 31:14 is ready to get sent. What is the best way to send this? Is it posted and do I need to use recorded delivery?

[FTMDave]

Normal 1st-class post (but get free certificate of posting)

[dx100uk]

from the PO counter

 

have you done AOS?

[ericsbrother]

get the acknowledgemtn of service done before you do anything else, fail to do that and you lose regardless of how brilliant your defence would have been and how rubbish their claim is.

 

the request of for documents they have relied upon to make their claim so you cant just go fishing for anthing you think they might have, if they havent said anything about it in their claim then you arent entitled to see it.

 

What you are actually asking for is proof of their right to sue you by sight of a couple of vital permissions. They wont respond but you can then force the issue at court and if they havent got yhem by then they lose

[theyorkshireman]

Hello,

I submitted the AOS on the 15/12/2018.

I sent the CPR 31:14 yesterday by 1st class post and got proof of postage.

Is it now time to start my defence?

[dx100uk]

it will be the std 2 or 3 line defence in almost all PCN claimform threads in this very forum yours is in.

 

defence not due till / by 4pm 8th jan

 

pers i'd forget about it somewhat and go enjoy xmas / new years unless the claimant or their dogs send you anything in the meantime.

[ericsbrother]

yep, come back here a couiple of days beofre and we can have a look at what you wnat to say. It is just an outline for the moment so a simple denial that a contract was ever formed will do. The lack of response to your request for documents will also be helpful in creating a doubt on whetehr they have a right to sue you in the first place